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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Poverty Reduction Act of
2015''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--FEDERAL INTERAGENCY WORKING GROUP ON REDUCING CHILD POVERTY
Sec. 101. Establishment of Working Group.
Sec. 102. National plan to reduce child poverty.
Sec. 103. Other duties.
Sec. 104. Membership.
Sec. 105. Director and staff.
Sec. 106. Reporting requirements.
TITLE II--WORKSHOPS BY NATIONAL ACADEMY OF SCIENCES
Sec. 201. Requirement to enter into agreement with National Academy of
Sciences.
Sec. 202. Workshop topics.
Sec. 203. Reporting requirement.
Sec. 204. Authorization of appropriations.
TITLE III--DEFINITIONS
Sec. 301. Definitions.
TITLE I--FEDERAL INTERAGENCY WORKING GROUP ON REDUCING CHILD POVERTY
SEC. 101. ESTABLISHMENT OF WORKING GROUP.
There is established in the Administration for Children and
Families of the Department of Health and Human Services a group which
shall be known as the Federal Interagency Working Group on Reducing
Child Poverty (in this Act referred to as the ``Working Group'').
SEC. 102. NATIONAL PLAN TO REDUCE CHILD POVERTY.
(a) Primary Goal.--
(1) Development of national plan.--The primary goal of the
Working Group is to develop a national plan--
(A) to reduce, within 10 years after the date on
which funding is made available to carry out this Act--
(i) the number of children living in
poverty in the United States to half of the
number of such children as reported in the
report of the United States Census Bureau on
Income, Poverty, and Health Insurance Coverage
in the United States: 2013 (issued in September
2014); and
(ii) the number of children living in
extreme poverty in the United States to zero;
and
(B) to reduce, within 20 years after the date on
which funds are made available to carry out this Act,
the number of children living in poverty in the United
States to zero.
(2) Consultation with national academy of sciences.--In
developing the national plan under paragraph (1), the Working
Group shall consider all recommendations, research papers, and
reports published by the National Academy of Sciences as a
result of the workshops conducted pursuant to title II.
(3) Deadline.--Not later than 180 days after the date of
the enactment of this Act, the Working Group shall make
substantial progress toward the development of the national
plan.
(b) Additional Goals.--The national plan under subsection (a) shall
include recommendations for achieving the following goals:
(1) Understanding the root causes of child poverty,
including persistent intergenerational poverty, taking into
account social, economic, and cultural factors.
(2) Improving the accessibility of anti-poverty programs
and increasing the rate of enrollment in such programs among
eligible children and families by reducing the complexity and
difficulty of enrolling in such programs.
(3) Eliminating disparate rates of child poverty based on
race, ethnicity, gender, and age.
(4) Improving the ability of individuals living in poverty,
low-income individuals, and unemployed individuals to access
quality jobs that help children and their families rise above
poverty.
(5) Connecting low-income children, disconnected youth, and
their families to education, job training, work, and their
communities.
(6) Shifting the measures and policies of Federal anti-
poverty programs from the goal of helping individuals and
families living in poverty to achieve freedom from deprivation
toward the goal of helping such individuals and families rise
above poverty and achieve long-term economic stability.
(c) Methods.--In developing the national plan under subsection (a),
the Working Group shall employ methods for achieving the goals
described in subsections (a) and (b) that include--
(1) entering into an agreement with the National Academy of
Sciences for a workshop series on the economic and social costs
of child poverty, as described in title II;
(2) studying the effect of child poverty on the health and
welfare of children, including the access of children living in
poverty to health care, housing, proper nutrition, and
education;
(3) measuring the effect of child poverty on the ability of
individuals to achieve economic stability, including such
effect on educational attainment, rates of incarceration,
lifetime earnings, access to healthcare, and access to housing;
(4) updating and applying improved measures of poverty that
can meaningfully account for other aspects relating to the
measure of poverty, such as the Supplemental Poverty Measure
used by the United States Census Bureau; and
(5) using and applying fact-based measures to evaluate the
long-term effectiveness of anti-poverty programs, taking into
account the long-term savings and value to the Federal
Government and to State, local, and tribal governments of
practices and policies designed to prevent poverty.
SEC. 103. OTHER DUTIES.
In addition to developing the national plan under section 102(a),
the Working Group shall--
(1) monitor, in consultation with the Domestic Policy
Council and the National Economic Council, all Federal
activities, programs, and services related to child welfare and
child poverty;
(2) establish guidelines, policies, goals, and directives
related to the achievement of the goals of the national plan,
in consultation with non-governmental entities providing social
services to low-income children and families, advocacy groups
that directly represent low-income children and families,
policy experts, and officials of State, local, and tribal
governments who administer or direct policy for anti-poverty
programs;
(3) advise all relevant Federal agencies regarding how to
effectively administer and coordinate programs, activities, and
services related to child welfare and child poverty and how to
resolve any disputes that arise between or among such agencies
as a result of such administration or coordination;
(4) provide recommendations to the Congress regarding how
to ensure that Federal agencies administering programs,
activities, and services related to child welfare and child
poverty have adequate resources to increase public awareness of
such programs, activities, and services and how to maximize
enrollment of eligible individuals;
(5) identify methods for improving communication and
collaboration among and between State and Federal governmental
entities regarding the implementation of State programs related
to child welfare and child poverty, such as State programs
funded under part A of title IV of the Social Security Act
(relating to block grants to States for temporary assistance
for needy families), and submit recommendations regarding such
methods to relevant Federal agencies and congressional
committees; and
(6) hold hearings in different geographic regions of the
United States to collect information and feedback from the
public regarding personal experiences related to child poverty
and anti-poverty programs, and make such information and
feedback publicly available.
SEC. 104. MEMBERSHIP.
(a) Number of Members.--The Working Group shall be composed of no
less than 6 members.
(b) Executive Pay Rate.--Each member shall be an official of an
Executive Department who occupies a position for which the rate of pay
is equal to or greater than the rate of pay for level IV of the
Executive Schedule under section 5313 of title 5, United States Code.
(c) Required Participation of Certain Executive Departments.--The
Working Group shall include at least one member who is an official of
each of the following Executive departments:
(1) The Department of Justice.
(2) The Department of Agriculture.
(3) The Department of Labor.
(4) The Department of Health and Human Services.
(5) The Department of Housing and Urban Development.
(6) The Department of Education.
(d) Appointment.--Each member shall be appointed by the head of the
Executive department that employs such member.
(e) Obtaining Official Data.--On request of the Chairperson, any
head of a Federal agency shall furnish directly to the Working Group
any information necessary to enable the Working Group to carry out this
Act.
(f) Terms.--Each member shall be appointed for the life of the
Working Group.
(g) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(h) Quorum.--A majority of members shall constitute a quorum.
(i) Chairperson.--The Chairperson of the Working Group shall be
appointed by the Secretary of Health and Human Services.
(j) Meetings.--
(1) Initial meeting period.--The Working Group shall meet
on a monthly basis during the 180-day period beginning with the
date on which funds are made available to carry out this Act.
(2) Subsequent meetings.--After such 180-day period, the
Working Group shall meet not less than once every 6 months and
at the call of the Chairperson or a majority of members.
SEC. 105. DIRECTOR AND STAFF.
(a) Director.--The Working Group shall have a Director who shall be
appointed by the Chairperson.
(b) Staff.--The Director may appoint and fix the pay of additional
personnel as the Director considers appropriate.
(c) Duties.--The duties of the Director and staff shall be to
achieve the goals and carry out the duties of the Working Group.
SEC. 106. REPORTING REQUIREMENTS.
(a) Annual Report.--Not later than September 30, 2016, and annually
thereafter, the Chairperson shall submit to the Congress a report
describing the activities, projects, and plans of the Federal
Government to carry out the goals of the Working Group, which shall
include--
(1) an accounting of--
(A) any increase in efficiency in the delivery of
Federal, State, local, and tribal social services and
benefits related to child welfare and child poverty;
(B) any reduction in the number of children living
in poverty;
(C) any reduction in the demand for such social
services and benefits for which children living in
poverty and near poverty are eligible; and
(D) any savings to the Federal Government as a
result of such increases or reductions;
(2) an accounting of any increase in the national rate of
employment due to the efforts of the Working Group;
(3) a summary of the efforts of each State to reduce child
poverty within such State, including the administration of
State programs funded under part A of title IV of the Social
Security Act (relating to block grants to States for temporary
assistance for needy families); and
(4) legislative language and recommendations regarding
reducing child poverty and achieving the other goals and duties
of the Working Group.
(b) Public Reporting Requirements.--
(1) Annual report available to public.--A version of the
annual report required by subsection (a) shall be made publicly
available.
(2) Annual update from federal agencies.--The head of each
relevant Federal agency shall post on the public Internet Web
site of such agency an annual summary of any plans, activities,
and results of the agency related to the goals and duties of
the Working Group.
TITLE II--WORKSHOPS BY NATIONAL ACADEMY OF SCIENCES
SEC. 201. REQUIREMENT TO ENTER INTO AGREEMENT WITH NATIONAL ACADEMY OF
SCIENCES.
(a) In General.--Not later than 90 days after the date on which
funds are made available to carry out this Act, the Secretary of Health
and Human Services shall enter into an agreement with the National
Academy of Sciences for 2 public workshops to provide the Working Group
with information to assist in the development of the national plan
under section 102(a).
(b) Steering Committee.--The agreement under subsection (a) shall
include the creation of a steering committee to plan and conduct such
workshops.
(c) Experts.--The agreement under subsection (a) shall include the
commission of experts to prepare research papers that summarize and
critique literature on the economic and social costs of child poverty.
SEC. 202. WORKSHOP TOPICS.
The purpose of the workshops required by section 201(a) shall be to
collect information and input from the public on the economic and
social costs of child poverty, addressing topics that include--
(1) the macroeconomic costs of child poverty, including the
effects of child poverty on productivity and economic output;
(2) the health-related costs of child poverty, including
the costs incurred by the Federal Government and State, local,
and tribal governments due to child illnesses, other child
medical problems, and other child health-related expenditures;
(3) the effect of child poverty on crime rates;
(4) the short-term and long-term effects of child poverty
on the Federal budget, including outlays for anti-poverty
programs;
(5) poverty metrics such as income poverty, food
insecurity, and other measures of deprivation, and the role of
such metrics in assessing the effects of poverty and the
performance of anti-poverty programs;
(6) the effect of child poverty on certain population
groups, including immigrants, single parent families,
individuals who have attained the age of 16 but have not
attained the age of 25 with large student loans, individuals
living in areas of concentrated poverty, and individuals living
on Indian reservations; and
(7) the effect of child poverty on individuals and families
living in extreme poverty, as compared with such effect on
individuals and families living in poverty or near poverty.
SEC. 203. REPORTING REQUIREMENT.
(a) Research Papers.--The agreement under section 201(a) shall
include the publication of the research papers required under such
section on the public Web site of the National Academy of Sciences.
(b) Workshop Summary.--The agreement under section 201(a) shall
include the publication of a summary of each workshop required under
such section on the public Web site of the National Academy of
Sciences.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000 to carry out this
title.
TITLE III--DEFINITIONS
SEC. 301. DEFINITIONS.
In this Act:
(1) Anti-poverty program.--The term ``anti-poverty
program'' means a program or institution with the primary goal
of lifting children or families out of poverty and improving
economic opportunities for children or families that operates
in whole or in part using Federal, State, local, or tribal
government funds.
(2) Child.--The term ``child'' means an individual who has
not attained the age of 18.
(3) Deprivation.--The term ``deprivation'' means, with
respect to an individual, that such individual lacks adequate
nutrition, health care, housing, or other resources to provide
for basic human needs.
(4) Disconnected youth.--The term ``disconnected youth''
means individuals who have attained the age of 16 but have not
attained the age of 25 who are unemployed and not enrolled in
school.
(5) Economic stability.--The term ``economic stability''
means, with respect to an individual or family, that such
individual or family has access to the means and support
necessary to effectively cope with adverse or costly life
events and to effectively recover from the consequences of such
events while maintaining a decent standard of living.
(6) Extreme poverty.--The term ``extreme poverty'' means,
with respect to an individual or family, that such individual
or family has a total annual income that is less than the
amount that is 50 percent of the official poverty threshold for
such individual or family, as provided in the report of the
United States Census Bureau on Income, Poverty, and Health
Insurance Coverage in the United States: 2013 (issued in
September 2014).
(7) Federal agency.--The term ``Federal agency'' means an
Executive department, a Government corporation, and an
independent establishment.
(8) Near poverty.--The term ``near poverty'' means, with
respect to an individual or family, that such individual or
family has a total annual income that is less than the amount
that is 200 percent of the official poverty threshold for such
individual or family, as provided in the report of the United
States Census Bureau on Income, Poverty, and Health Insurance
Coverage in the United States: 2013 (issued in September 2014).
(9) Poverty.--The term ``poverty'' means, with respect to
an individual or family, that such individual or family has a
total annual income that is less than the amount that is the
official poverty threshold for such individual or family, as
provided in the report of the United States Census Bureau on
Income, Poverty, and Health Insurance Coverage in the United
States: 2013 (issued in September 2014). | Child Poverty Reduction Act of 2015 This bill establishes in the Administration for Children and Families of the Department of Health and Human Services (HHS) the Federal Interagency Working Group on Reducing Child Poverty. The Working Group as its primary goal shall develop a national plan to reduce: within 10 years the number of children living in poverty in the United States to half the number cited in the report of the U.S. Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013; within the same 10 years the number of children living in extreme poverty in the United States to zero; and within 20 years the number of children living in poverty, extreme or otherwise, in the United States to zero. HHS shall enter into an agreement with the National Academy of Sciences for two public workshops to provide the Working Group with information to assist in the development of the plan. | {"src": "billsum_train", "title": "Child Poverty Reduction Act of 2015"} | 3,618 | 193 | 0.664709 | 1.877295 | 0.899951 | 5.603448 | 19.706897 | 0.925287 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Right to Emergency Medical
Care Act of 1999''.
SEC. 2. PATIENT ACCESS TO EMERGENCY MEDICAL CARE.
(a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 is amended by
adding at the end the following new section:
``SEC. 714. PATIENT ACCESS TO EMERGENCY MEDICAL CARE.
``(a) In General.--To the extent that a group health plan (or a
health insurance issuer offering health insurance coverage in
connection with the plan) provides for any benefits consisting of
emergency medical care, except for items or services specifically
excluded--
``(1) the plan or issuer shall provide benefits, without
requiring preauthorization and without regard to otherwise
applicable network limitations, for appropriate emergency
medical screening examinations (within the capability of the
emergency facility, including ancillary services routinely
available to the emergency facility) to the extent that a
prudent layperson, who possesses an average knowledge of health
and medicine, would determine such examinations to be necessary
in order to determine whether emergency medical care is
required; and
``(2) the plan or issuer shall provide benefits for
additional emergency medical services following an emergency
medical screening examination (if determined necessary under
paragraph (1)) to the extent that a prudent emergency medical
professional would determine such additional emergency services
to be necessary to avoid the consequences described in
subsection (c).
``(b) Uniform Cost-Sharing Required.--Nothing in this section shall
be construed as preventing a group health plan or issuer from imposing
any form of cost-sharing applicable to any participant or beneficiary
(including coinsurance, copayments, deductibles, and any other charges)
in relation to benefits described in subsection (a), if such form of
cost-sharing is uniformly applied under such plan, with respect to
similarly situated participants and beneficiaries, to all benefits
consisting of emergency medical care provided to such similarly
situated participants and beneficiaries under the plan.
``(c) Emergency Medical Care.--For purposes of this section, the
term `emergency medical care' means medical care in any case in which
an appropriate physician has certified in writing (or as otherwise
provided in regulations of the Secretary)--
``(1) that failure to immediately provide the care to the
participant or beneficiary could reasonably be expected to
result in--
``(A) placing the health of such participant or
beneficiary (or, with respect to such a participant or
beneficiary who is a pregnant woman, the health of the
woman or her unborn child) in serious jeopardy;
``(B) serious impairment to bodily functions; or
``(C) serious dysfunction of any bodily organ or
part; or
``(2) that immediate provision of the care is necessary
because the participant or beneficiary has made or is at
serious risk of making an attempt to harm himself or herself or
another individual.''.
(b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by adding at the end of the items relating to
subpart B of part 7 of subtitle B of title I of such Act the following
new item:
``Sec. 714. Patient access to emergency medical care.''.
SEC. 3. EFFECTIVE DATE AND RELATED RULES.
(a) In General.--The amendments made by this Act shall apply with
respect to plan years beginning on or after January 1 of the second
calendar year following the date of the enactment of this Act, except
that the Secretary of Labor may issue regulations before such date
under such amendments. The Secretary shall first issue regulations
necessary to carry out the amendments made by this Act before the
effective date thereof.
(b) Limitation on Enforcement Actions.--No enforcement action shall
be taken, pursuant to the amendments made by this Act, against a group
health plan or health insurance issuer with respect to a violation of a
requirement imposed by such amendments before the date of issuance of
regulations issued in connection with such requirement, if the plan or
issuer has sought to comply in good faith with such requirement.
(c) Special Rule for Collective Bargaining Agreements.--In the case
of a group health plan maintained pursuant to one or more collective
bargaining agreements between employee representatives and one or more
employers ratified before the date of the enactment of this Act, the
amendments made by this Act shall not apply with respect to plan years
beginning before the later of--
(1) the date on which the last of the collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of the
enactment of this Act); or
(2) January 1, 2002.
For purposes of this subsection, 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 this Act shall not
be treated as a termination of such collective bargaining agreement. | Patient Right to Emergency Medical Care Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan or issuer, if it provides benefits for emergencies, to provide benefits (without preauthorization and without regard to network limitations) for emergency medical screening examinations if a prudent lay person would determine them necessary. | {"src": "billsum_train", "title": "Patient Right to Emergency Medical Care Act of 1999"} | 1,113 | 79 | 0.596204 | 1.558572 | 1.065085 | 3.106061 | 15.681818 | 0.893939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Informed Choice Act''.
SEC. 2. GRANTS FOR PURCHASE OF ULTRASOUND EQUIPMENT.
(a) In General.--The Secretary of Health and Human services may
make grants for the purchase of ultrasound equipment. Such ultrasound
equipment shall be used by the recipients of such grants to provide,
under the direction and supervision of a licensed medical physician,
free ultrasound examinations to pregnant women needing such services.
(b) Eligibility Requirements.--An entity may receive a grant under
subsection (a) only if the entity meets the following conditions:
(1) The entity is a nonprofit private organization that is
approved by the Internal Revenue Service as a tax-exempt entity
under section 501(c)(3) of the Internal Revenue Code of 1986.
(2) The entity operates as a community based pregnancy help
medical clinic, as defined in subsection (f).
(3) The entity provides medical services to pregnant women
under the guidance and supervision of a physician who serves as
the medical director of the clinic and is duly licensed to
practice medicine in the State in which the entity is located.
(4) The entity is legally qualified to provide such medical
services to pregnant women and is in compliance with all
Federal, State, and local requirements for the provision of
such services.
(5) The entity agrees to comply with the following medical
procedures:
(A) Each pregnant woman upon whom the ultrasound
equipment is used will be shown the visual image of the
fetus from the ultrasound examination and will be given
a general anatomical and physiological description of
the characteristics of the fetus.
(B) Each pregnant woman will be given, according to
the best medical judgment of the physician performing
the ultrasound examination or the physician's agent
performing such exam, the approximate age of the embryo
or fetus considering the number of weeks elapsed from
the probable time of the conception of the embryo or
fetus, based upon the information provided by the
client as to the time of her last menstrual period, her
medical history, a physical examination, or appropriate
laboratory tests.
(C) Each pregnant woman will be given information
on abortion and alternatives to abortion such as
childbirth and adoption and information concerning
public and private agencies that will assist in those
alternatives.
(D) The entity will obtain and maintain medical
malpractice insurance in an amount not less than
$1,000,000, and such insurance will cover all
activities relating to the use of the ultrasound
machine purchased with the grant under subsection (a).
(6) The entity does not receive more than 30 percent of its
gross annual revenue from a single source or donor.
(c) Limitation on Individual Grant Amount.--No grant under
subsection (a) may be made in an amount that exceeds an amount equal to
50 percent of the purchase price cost of the ultrasound machine
involved, or $20,000, whichever is less.
(d) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
(e) Annual Report to Secretary.--A grant may be made under
subsection (a) only if the applicant for the grant agrees to report on
an annual basis to the Secretary, in such form and manner as the
Secretary may require, on the ongoing compliance of the applicant with
the eligibility conditions established in subsection (b).
(f) Definitions.--For purposes of this Act:
(1) The term ``community based pregnancy help medical
clinic'' means a facility that--
(A) provides free medical services to pregnant
women under the supervision and direction of a licensed
physician who serves as the medical director for such
clinic; and
(B) does not charge for any services rendered to
its clients, whether or not such services are for
pregnancy or nonpregnancy related matters.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $3,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2006. | Informed Choice Act - Allows the Secretary of Health and Human Services to make grants to free community based pregnancy help medical clinics for the purchase of ultrasound equipment, which shall be used to provide free ultrasound examinations to pregnant women. Requires each grant recipient to undertake certain actions, including to: (1) provide to each woman receiving services a visual image of the fetus from the ultrasound examination and a general anatomical and physiological description of the characteristics of the fetus; and (2) provide information on abortion and alternatives to abortion such as childbirth and adoption, and information concerning public and private agencies that will assist in those alternatives. Limits each grant to a maximum amount of 50 percent of the purchase price cost of the ultrasound machine involved or $20,000, whichever is less. | {"src": "billsum_train", "title": "To authorize the Secretary of Health and Human Services to make grants to nonprofit tax-exempt organizations for the purchase of ultrasound equipment to provide free examinations to pregnant women needing such services, and for other purposes."} | 938 | 170 | 0.632696 | 1.984105 | 0.7683 | 4.574324 | 6.108108 | 0.925676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Children and Teachers Act'' or the ``Keep Our PACT Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Children are our Nation's future and greatest treasure.
(2) A high-quality education is the surest way for every
child to reach his or her full potential.
(3) Title I of the Elementary and Secondary Education Act
of 1965 helps address inequity in education in school districts
across the country to provide a high-quality education to every
student.
(4) The Individuals with Disabilities Education Act
guarantees all children with disabilities a first-rate
education.
(5) The Individuals with Disabilities Education Improvement
Act committed Congress to providing 40 percent of the national
current average per-pupil expenditure for students with
disabilities.
(6) A promise made must be a promise kept.
SEC. 3. FULL FUNDING OF PART A OF TITLE I OF ESEA.
(a) Funding.--There are appropriated, out of any money in the
Treasury not otherwise appropriated--
(1) for fiscal year 2015, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et
seq.); and
(B) $16,553,821,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(2) for fiscal year 2016, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $19,049,895,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(3) for fiscal year 2017, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $21,922,342,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(4) for fiscal year 2018, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $25,227,912,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(5) for fiscal year 2019, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $29,031,913,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(6) for fiscal year 2020, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $33,409,503,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(7) for fiscal year 2021, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $38,447,168,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(8) for fiscal year 2022, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $44,244,442,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(9) for fiscal year 2023, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $50,915,859,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher; and
(10) for fiscal year 2024, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $58,593,228,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1441(i)) is amended to read as follows:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $12,906,093,000 or 16.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2015, and there are hereby appropriated
$1,433,245,000 or 1.5 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2015, which shall become available for obligation
on July 1, 2015, and shall remain available through
September 30, 2016;
``(B) 14,518,385,000 or 18.6 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2016, and there are hereby appropriated
$3,045,437,000 or 3.3 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2016, which shall become available for obligation
on July 1, 2016, and shall remain available through
September 30, 2017;
``(C) $16,332,093,000 or 20.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2017, and there are hereby appropriated
$4,859,245,000 or 5.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2017, which shall become available for obligation
on July 1, 2017, and shall remain available through
September 30, 2018;
``(D) $18,372,379,000 or 22.5 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2018, and there are hereby appropriated
$6,899,531,000 or 7.2 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2018, which shall become available for obligation
on July 1, 2018, and shall remain available through
September 30, 2019;
``(E) 20,667,547,000 or 24.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2019, and there are hereby appropriated
$9,194,699,000 or 9.4 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2019, which shall become available for obligation
on July 1, 2019, and shall remain available through
September 30, 2020;
``(F) $23,249,438,000 or 27.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2020, and there are hereby appropriated
$11,776,590,000 or 11.9 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2020, which shall become available for
obligation on July 1, 2020, and shall remain available
through September 30, 2021;
``(G) $26,153,872,000 or 30 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2021, and there are hereby appropriated
$14,681,024,000 or 14.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2021, which shall become available for
obligation on July 1, 2021, and shall remain available
through September 30, 2022;
``(H) $29,421,143,000 or 33 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2022, and there are hereby appropriated
$17,948,295,000 or 17.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2022, which shall become available for
obligation on July 1, 2022, and shall remain available
through September 30, 2023;
``(I) $33,096,577,000 or 36.3 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2023, and there are hereby appropriated
$21,623,729,000 or 21 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2023, which shall become available for obligation
on July 1, 2023, and shall remain available through
September 30, 2024; and
``(J) $37,231,164,000 or 40 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024 and each subsequent fiscal year,
and there are hereby appropriated $37,231,164,000 or 40
percent of the amount determined under paragraph (2),
whichever is greater, for fiscal year 2024 and each
subsequent fiscal year, which--
``(i) shall become available for obligation
with respect to fiscal year 2024 on July 1,
2024, and shall remain available through
September 30, 2025; and
``(ii) shall become available for
obligation with respect to each subsequent
fiscal year on July 1 of that fiscal year and
shall remain available through September 30 of
the succeeding fiscal year.
``(2) Amount.--With respect to each subparagraph of
paragraph (1), the amount determined under this paragraph is
the product of--
``(A) the total number of children with
disabilities in all States who--
``(i) received special education and
related services during the last school year
that concluded before the first day of the
fiscal year for which the determination is
made; and
``(ii) were aged--
``(I) 3 through 5 (with respect to
the States that were eligible for
grants under section 619); and
``(II) 6 through 21; and
``(B) the average per-pupil expenditure in public
elementary schools and secondary schools in the United
States.''.
SEC. 5. OFFSET.
The amounts appropriated by this Act and the amendments made by
this Act shall be expended consistent with pay-as-you-go requirements. | Keep Our Promise to America's Children and Teachers Act or the Keep Our PACT Act - Appropriates for each of FY2015-FY2024 an amount that equals the difference between: (1) the amount appropriated for FY2015 for school improvement programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (2) a specified amount for the applicable fiscal year or the full amount authorized to be appropriated for such fiscal year for such programs, whichever is higher. Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities. Sets the amount to be authorized and the amount to be appropriated for each fiscal year from FY2015-FY2023 as the greater of: (1) a specified amount, or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the average per-pupil expenditure in public elementary and secondary schools. Authorizes and appropriates funds for FY2024 and each subsequent fiscal year equal to the greater of a specified amount or 40% of the amount determined using such formula. Requires the amounts appropriated by this Act and its amendments to be expended consistent with pay-as-you-go requirements. | {"src": "billsum_train", "title": "Keep Our PACT Act"} | 2,309 | 302 | 0.666923 | 1.839578 | 0.877546 | 3.545098 | 8.764706 | 0.831373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Michigan Lighthouse and Maritime
Heritage Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Surrounded by the Great Lakes, the State of Michigan
gives the Midwest region a unique maritime character.
(2) The access of the Great Lakes to the Atlantic Ocean
has--
(A) given the shipping industry in the State an
international role in trade; and
(B) contributed to industrial and natural resource
development in the State.
(3) The State offers unequaled opportunities for maritime
heritage preservation and interpretation, based on the fact
that the State has--
(A) more deepwater shoreline than any other State
in the continental United States;
(B) more lighthouses than any other State; and
(C) the only freshwater national marine sanctuary
in the United States.
(4) The maritime history of the State includes the history
of--
(A) the routes and gathering places of the fur
traders and missionaries who opened North America to
European settlement; and
(B) the summer communities of people who mined
copper, hunted and fished, and created the first
agricultural settlements in the State.
(5) In the 19th century, the natural resources and maritime
access of the State made the State the leading producer of
iron, copper, and lumber in the United States.
(6) The maritime heritage of Michigan is evident in--
(A) the more than 120 lighthouses in the State;
(B) the lifesaving stations, dry docks, lightships,
submarine, ore docks, piers, breakwaters, sailing
clubs, and communities and industries that were built
on the lakes in the State;
(C) the hotels and resort communities in the State;
(D) the more than 12 maritime-related national
landmarks in the State;
(E) the 2 national lakeshores in the State;
(F) the 2 units of the National Park System in the
State;
(G) the various State parks and sites listed on the
National Register of Historic Places in the State;
(H) the database information in the State on--
(i) 1,500 shipwrecks;
(ii) 11 underwater preserves; and
(iii) the freshwater national marine
sanctuary; and
(I) the Great Lakes, which have played an important
role--
(i) for Native Americans, fur traders,
missionaries, settlers, and travelers;
(ii) in the distribution of wheat, iron,
copper, and lumber;
(iii) providing recreational opportunities;
and
(iv) stories of shipwrecks and rescues.
(7) The work and investment of businesses, coastal
communities, private non-profit organizations, universities,
and State agencies has advanced the awareness, research, public
interpretation, education, stewardship, and preservation of
Michigan's maritime heritage.
SEC. 3. DEFINITIONS.
In this Act:
(1) Maritime heritage resource.--The term ``maritime
heritage resource'' includes lighthouses, lifesaving and coast
guard stations, maritime museums, historic ships and boats,
marine sanctuaries and preserves, fisheries and hatcheries,
locks and ports, ore docks, piers and breakwaters, marinas,
resort communities (such as Bay View and Epworth Heights),
cruises, performing artists that specialize in maritime
culture, interpretive and educational programs and events,
museums with significant maritime collections, maritime art
galleries, maritime communities, and maritime festivals.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the National Park Service
Midwest Regional Office.
(3) State.--The term ``State'' means the State of Michigan.
(4) Study area.--The term ``study area'' means the State of
Michigan.
SEC. 4. STUDY.
(a) In General.--The Secretary, in cooperation with the State, the
State historic preservation officer, local historical societies, State
and local economic development, tourism, and parks and recreation
offices, and other appropriate agencies and organizations, shall
conduct a special resource study of the study area to determine--
(1) the potential economic and tourism benefits of
preserving State maritime heritage resources;
(2) suitable and feasible options for long-term protection
of significant State maritime heritage resources; and
(3) the manner in which the public can best learn about and
experience State maritime heritage resources.
(b) Requirements.--In conducting the study under subsection (a),
the Secretary shall--
(1) review Federal, State, and local maritime resource
inventories and studies to establish the context, breadth, and
potential for interpretation and preservation of State maritime
heritage resources;
(2) examine the potential economic and tourism impacts of
protecting State maritime heritage resources;
(3) recommend management alternatives that would be most
effective for long-term resource protection and providing for
public enjoyment of State maritime heritage resources;
(4) address how to assist regional, State, and local
partners in efforts to increase public awareness of and access
to the State maritime heritage resources;
(5) identify sources of financial and technical assistance
available to communities for the conservation and
interpretation of State maritime heritage resources; and
(6) address ways in which to link appropriate national
parks, State parks, waterways, monuments, parkways,
communities, national and State historic sites, and regional or
local heritage areas and sites into a Michigan Maritime
Heritage Destination Network.
(c) Report.--Not later than 18 months after the date on which funds
are made available to carry out the study under subsection (a), 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 results of the study; and
(2) any findings and recommendations of the Secretary.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$500,000. | Michigan Lighthouse and Maritime Heritage Act - Directs the Secretary of the Interior, acting through the National Park Service Midwest Regional Office, to study and report on: (1) potential economic and tourism benefits of preserving Michigan maritime heritage resources; (2) suitable and feasible options for long-term protection of these resources; and (3) the manner in which the public can best learn about and experience these resources.
Directs the Secretary, in conducting the study, to take specified actions, including: (1) reviewing Federal, State, and local maritime resource inventories and studies; (2) identifying sources of financial and technical assistance to communities for the conservation and interpretation of State maritime heritage resources; and (3) addressing ways of linking national, State, and regional and local areas and sites into a Michigan Maritime Heritage Destination Network. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to conduct a study of maritime sites in the State of Michigan."} | 1,266 | 163 | 0.537817 | 1.552525 | 0.699403 | 5.539877 | 7.650307 | 0.92638 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Antibiotic Resistance Act
of 2015''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure the safety and effectiveness
of medically important antimicrobials approved for use in the
prevention and control of animal diseases, in order to minimize the
development of antibiotic-resistant bacteria.
SEC. 3. EVIDENCE OF SAFETY OF MEDICALLY IMPORTANT VETERINARY
ANTIMICROBIALS.
(a) Applications Pending or Submitted After Enactment.--Section
512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360b(d)(1)) is amended--
(1) in the first sentence--
(A) in subparagraph (H), by striking ``or'' at the
end;
(B) in subparagraph (I), by inserting ``or'' at the
end; and
(C) by inserting after subparagraph (I) the
following:
``(J) with respect to a medically important
antimicrobial (as defined in subsection (q)), the
applicant has failed to demonstrate that a New Animal
Drug Application for an antimicrobial labeled for
disease prevention or control fails to meet the
criteria in subsection (q)(2)(A);''; and
(2) in the second sentence, by striking ``(A) through (I)''
and inserting ``(A) through (J)''.
(b) Ensuring Judicious Use in Animals of Medically Important
Antimicrobials.--Section 512 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360b) is amended by adding at the end the following:
``(q) Ensuring Judicious Use in Animals of Medically Important
Antimicrobials.--
``(1) Applicability.--This subsection applies to medically
important antimicrobials approved for use in a food-producing
animal--
``(A)(i) for which there is in effect an approval
of an application or an exemption under subsection (b),
(i), or (j) of section 505; or
``(ii) that is otherwise marketed for human use;
``(B) for which the Food and Drug Administration
has initiated or completed withdrawal or modification
of an approved label for growth promotion, feed
efficiency, or other production use or over-the-counter
use, in accordance with the Guidance for Industry
entitled, `New Animal Drugs and New Animal Drug
Combination Products, Administered in or on Medicated
Feed or Drinking Water of Food-Producing Animals:
Recommendations for Drug Sponsors for Voluntarily
Aligning Product Use Conditions with GFI #209',
published in December 2013; and
``(C) for which the Food and Drug Administration
has approved a label--
``(i) for disease control or prevention at
the same or similar dosage level as applicable
for the approved production use described in
subparagraph (B);
``(ii) that does not specify an explicitly
defined duration of therapy; or
``(iii) specifying a dosage that is not
expected to treat a specific bacterial
pathogen.
``(2) Review of disease prevention and control approvals.--
``(A) In general.--Not later than January 1, 2017,
the Secretary shall initiate a process whereby--
``(i) not later than January 1, 2018, a
sponsor of an antimicrobial drug described in
paragraph (1) shall submit to the Secretary
evidence demonstrating that, with respect to
such drug--
``(I) there is evidence of
effectiveness in controlling or
preventing bacterial disease;
``(II) an approved use is
consistent with accepted veterinary
practice;
``(III) an approved use is linked
to a specific etiologic agent;
``(IV) an approved use is
appropriately targeted to animals at
risk of developing a specific bacterial
disease;
``(V) an approved use has an
explicitly defined duration of therapy;
and
``(VI) there is reasonable
certainty of no harm to human health
due to the development of antimicrobial
resistance; and
``(ii)(I) if the Secretary determines that
the evidence submitted under clause (i) is
sufficient to demonstrate that the drug meets
the requirements described in subclauses (I)
through (VI) of such clause, not later than
December 31, 2018, the Secretary shall issue a
revised label approval for the antimicrobial
drug, as necessary; or
``(II) if the Secretary determines that the
evidence submitted under clause (i) is
insufficient to demonstrate that the drug meets
the requirements described in subclauses (I)
through (VI) of such clause, not later than
December 31, 2018, the Secretary shall withdraw
approval of any indication claims described in
paragraph (1)(C) for which the Secretary
determines the evidence is insufficient and, as
necessary, issue a revised label approval.
``(B) Withdrawal of claims.--On or before January
1, 2018, the sponsor of a drug described in paragraph
(1) may request the approval of the Secretary to remove
any label claim described in paragraph (1)(C), and the
Secretary shall approve any such request and, as
necessary, issue a revised label. The sponsor shall not
be required to submit the evidence required under
subparagraph (A)(i) with respect to any claim so
withdrawn.
``(3) Exemptions.--In the case of a drug that is a
medically important antimicrobial for which the Secretary
grants an exemption under section 505(i), the withdrawal of
indication claims in a food-producing animal in accordance with
paragraph (2)(B) shall be effective on the date that is 2 years
after the date on which the Secretary grants the exemption,
unless, not later than 2 years after the date on which the
Secretary grants the exemption, the Secretary provides a
written determination of intent to extend the exemption.
``(4) Definition.--In this subsection, the term `medically
important antimicrobial' means a drug that--
``(A) is intended for use in food-producing
animals; and
``(B) is composed wholly or partly of--
``(i) any kind of penicillin, tetracycline,
macrolide, lincosamide, streptogramin,
aminoglycoside, sulfonamide, cephalosporin, or
fluoroquinolone; or
``(ii) a drug from an antimicrobial class
that is listed as `highly important',
`critically important', or `important' by the
World Health Organization in the latest edition
of its publication entitled `Critically
Important Antimicrobials for Human Medicine'
(or a successor publication).''.
SEC. 4. SENSE OF THE SENATE REGARDING VETERINARY OVERSIGHT OF USE OF
MEDICALLY IMPORTANT ANTIMICROBIALS.
(a) In General.--It is the sense of the Senate that a valid
veterinarian-client-patient relationship should exist to ensure that
medically important antimicrobials are used in food-producing animals
in a manner that is consistent with professionally accepted best
practices.
(b) Veterinarian-Client-Patient Relationship.--In this section, the
term ``veterinarian-client-patient relationship'' means a relationship
in which all of the following criteria are met:
(1) The veterinarian has assumed the responsibility for
making medical judgments regarding the health of the patient
and the client has agreed to follow the veterinarian's
instructions.
(2) The veterinarian has sufficient knowledge of the
patient to initiate at least a general or preliminary diagnosis
of the medical condition of the patient. This means that the
veterinarian is personally acquainted with the keeping and care
of the patient by virtue of--
(A) a timely examination of the patient by the
veterinarian; or
(B) medically appropriate and timely visits by the
veterinarian to the premises where the animal or
animals are kept.
(3) The veterinarian is readily available for follow-up
evaluation or has arranged for veterinary emergency coverage
and continuing care and treatment.
(4) The veterinarian provides oversight of treatment,
compliance, and outcome.
(5) Patient records are maintained. | Preventing Antibiotic Resistance Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to refuse a new animal drug application if the drug is a medically important antimicrobial (used to treat humans) and the applicant fails to demonstrate that the drug meets specified criteria for use in animals, including that: (1) the drug is effective, (2) the drug is targeted to animals at risk of developing a specific bacterial disease, (3) the drug has a defined duration of therapy, and (4) there is reasonable certainty of no harm to human health from microbial resistance to the drug. Sponsors of certain medically important antimicrobials already approved for use in food-producing animals must submit evidence to the FDA that demonstrates that their drug meets the criteria described above for approved indications. The FDA must withdraw approval for any indication for which the FDA determines there is insufficient evidence that the drug meets the criteria. This bill expresses the sense of the Senate that a veterinarian-client-patient relationship should ensure that medically important antimicrobials are used in food-producing animals in a manner consistent with best practices. | {"src": "billsum_train", "title": "Preventing Antibiotic Resistance Act of 2015"} | 1,844 | 251 | 0.615763 | 1.795254 | 0.744989 | 3.366071 | 7.388393 | 0.901786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Auction Reform Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Circumstances in the telecommunications market have changed
dramatically since the auctioning of spectrum in the 700 megahertz
band was originally mandated by Congress in 1997, raising serious
questions as to whether the original deadlines, or the subsequent
revision of the deadlines, are consistent with sound
telecommunications policy and spectrum management principles.
(2) No comprehensive plan yet exists for allocating additional
spectrum for third-generation wireless and other advanced
communications services. The Federal Communications Commission
should have the flexibility to auction frequencies in the 700
megahertz band for such purposes.
(3) The study being conducted by the National
Telecommunications and Information Administration in consultation
with the Department of Defense to determine whether the Department
of Defense can share or relinquish additional spectrum for third
generation wireless and other advanced communications services will
not be completed until after the June 19th auction date for the
upper 700 megahertz band, and long after the applications must be
filed to participate in the auction, thereby creating further
uncertainty as to whether the frequencies in the 700 megahertz band
will be put to their highest and best use for the benefit of
consumers.
(4) The Federal Communications Commission is also in the
process of determining how to resolve the interference problems
that exist in the 800 megahertz band, especially for public safety.
One option being considered for the 800 megahertz band would
involve the 700 megahertz band. The Commission should not hold the
700 megahertz auction before the 800 megahertz interference issues
are resolved or a tenable plan has been conceived.
(5) The 700 megahertz band is currently occupied by television
broadcasters, and will be so until the transfer to digital
television is completed. This situation creates a tremendous amount
of uncertainty concerning when the spectrum will be available and
reduces the value placed on the spectrum by potential bidders. The
encumbrance of the 700 megahertz band reduces both the amount of
money that the auction would be likely to produce and the
probability that the spectrum would be purchased by the entities
that valued the spectrum the most and would put the spectrum to its
most productive use.
(6) The Commission's rules governing voluntary mechanisms for
vacating the 700 megahertz band by broadcast stations--
(A) produced no certainty that the band would be available
for advanced mobile communications services, public safety
operations, or other wireless services any earlier than the
existing statutory framework provides; and
(B) should advance the transition of digital television and
must not result in the unjust enrichment of any incumbent
licensee.
SEC. 3. ELIMINATION OF STATUTORY DEADLINES FOR SPECTRUM AUCTIONS.
(a) FCC To Determine Timing of Auctions.--Section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at
the end the following new paragraph:
``(15) Commission to determine timing of auctions.--
``(A) Commission authority.--Subject to the provisions of
this subsection (including paragraph (11)), but notwithstanding
any other provision of law, the Commission shall determine the
timing of and deadlines for the conduct of competitive bidding
under this subsection, including the timing of and deadlines
for qualifying for bidding; conducting auctions; collecting,
depositing, and reporting revenues; and completing licensing
processes and assigning licenses.
``(B) Termination of portions of auctions 31 and 44.--
Except as provided in subparagraph (C), the Commission shall
not commence or conduct auctions 31 and 44 on June 19, 2002, as
specified in the public notices of March 19, 2002, and March
20, 2002 (DA 02-659 and DA 02-563).
``(C) Exception.--
``(i) Blocks excepted.--Subparagraph (B) shall not
apply to the auction of--
``(I) the C-block of licenses on the bands of
frequencies located at 710-716 megahertz, and 740-746
megahertz; or
``(II) the D-block of licenses on the bands of
frequencies located at 716-722 megahertz.
``(ii) Eligible bidders.--The entities that shall be
eligible to bid in the auction of the C-block and D-block
licenses described in clause (i) shall be those entities
that were qualified entities, and that submitted
applications to participate in auction 44, by May 8, 2002,
as part of the original auction 44 short form filing
deadline.
``(iii) Auction deadlines for excepted blocks.--
Notwithstanding subparagraph (B), the auction of the C-
block and D-block licenses described in clause (i) shall be
commenced no earlier than August 19, 2002, and no later
than September 19, 2002, and the proceeds of such auction
shall be deposited in accordance with paragraph (8) not
later than December 31, 2002.
``(iv) Report.--Within one year after the date of
enactment of this paragraph, the Commission shall submit a
report to Congress--
``(I) specifying when the Commission intends to
reschedule auctions 31 and 44 (other than the blocks
excepted by clause (i)); and
``(II) describing the progress made by the
Commission in the digital television transition and in
the assignment and allocation of additional spectrum
for advanced mobile communications services that
warrants the scheduling of such auctions.
``(D) Return of payments.--Within one month after the date
of enactment of this paragraph, the Commission shall return to
the bidders for licenses in the A-block, B-block, and E-block
of auction 44 the full amount of all upfront payments made by
such bidders for such licenses.''.
(b) Conforming Amendments.--
(1) Communications act of 1934.--Section 309(j)(14)(C)(ii) of
the Communications Act of 1934 (47 U.S.C. 309(j)(14)(C)(ii)) is
amended by striking the second sentence.
(2) Balanced budget act of 1997.--Section 3007 of the Balanced
Budget Act of 1997 (111 Stat. 269) is repealed.
(3) Consolidated appropriations act.--Paragraphs (2) and (3) of
section 213(a) of H.R. 3425 of the 106th Congress, as enacted into
law by section 1000(a)(5) of An Act making consolidated
appropriations for the fiscal year ending September 30, 2000, and
for other purposes (Public Law 106-113; 113 Stat. 1501A-295), are
repealed.
SEC. 4. COMPLIANCE WITH AUCTION AUTHORITY.
The Federal Communications Commission shall conduct rescheduled
auctions 31 and 44 prior to the expiration of the auction authority
under section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)).
SEC. 5. PRESERVATION OF BROADCASTER OBLIGATIONS.
Nothing in this Act shall be construed to relieve television
broadcast station licensees of the obligation to complete the digital
television service conversion as required by section 309(j)(14) of the
Communications Act of 1934 (47 U.S.C. 309(j)(14)).
SEC. 6. INTERFERENCE PROTECTION.
(a) Interference Waivers.--In granting a request by a television
broadcast station licensee assigned to any of channels 52-69 to utilize
any channel of channels 2-51 that is assigned for digital broadcasting
in order to continue analog broadcasting during the transition to
digital broadcasting, the Federal Communications Commission may not,
either at the time of the grant or thereafter, waive or otherwise
reduce--
(1) the spacing requirements provided for analog broadcasting
licensees within channels 2-51 as required by section 73.610 of the
Commission's rules (and the table contained therein) (47 CFR
73.610), or
(2) the interference standards provided for digital
broadcasting licensees within channels 2-51 as required by sections
73.622 and 73.623 of such rules (47 CFR 73.622, 73.623),
if such waiver or reduction will result in any degradation in or loss
of service, or an increased level of interference, to any television
household except as the Commission's rules would otherwise expressly
permit, exclusive of any waivers previously granted.
(b) Exception for Public Safety Channel Clearing.--The restrictions
in subsection (a) shall not apply to a station licensee that is seeking
authority (either by waiver or otherwise) to vacate the frequencies
that constitute television channel 63, 64, 68, or 69 in order to make
such frequencies available for public safety purposes pursuant to the
provisions of section 337 of the Communications Act of 1934 (47 U.S.C.
337).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Auction Reform Act of 2002 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to determine the timing of and deadlines for the conduct of competitive bidding for, and the auctioning of, electromagnetic spectrum used by analog television broadcasters.Prohibits the FCC from commencing or conducting spectrum auctions 31 and 44 on June 19, 2002. Provides exceptions for the auction of certain C- and D-block licenses within the 700 megahertz band, requiring that auction to occur between August 19 and September 19, 2002. Requires the FCC to: (1) report to Congress specifying when it intends to reschedule such auctions and describing progress made in the transition from analog to digital television and in the assignment and allocation of additional spectrum for advanced mobile communications services that warrants the scheduling of such auctions; (2) return to the bidders for specified licenses of auction 44 the full amount of all up-front payments made; and (3) conduct auctions 31 and 44 prior to the September 30, 2007, termination of such auction authority.States that nothing in this Act shall be construed to relieve television broadcast licensees of their current obligation to complete conversion from analog to digital television.Prohibits the FCC, in granting a request by a television broadcast station licensee assigned to any of channels 52-69 to utilize any of channels 2-51 assigned for digital broadcasting in order to continue analog broadcasting during the transition to digital broadcasting, from waiving or otherwise reducing the current spacing requirements provided for analog broadcasting licensees within channels 2-51, or the interference standards provided for digital broadcasting licensees within such channels, if such waiver or reduction will result in any degradation or loss of service or an increased level of interference to any television household except as the FCC's rules would otherwise expressly permit. (Excludes any waivers previously granted.) Makes such restrictions inapplicable to a licensee seeking authority to vacate the frequencies that constitute channels 63, 64, 68, or 69 in order to make such frequencies available for public safety purposes. | {"src": "billsum_train", "title": "To eliminate the deadlines for spectrum auctions of spectrum previously allocated to television broadcasting."} | 2,016 | 459 | 0.541947 | 1.741217 | 0.726825 | 4.471503 | 4.541451 | 0.927461 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``340B Program Improvement Act''.
SEC. 2. EXTENSION OF DISCOUNTS TO INPATIENT DRUGS.
(a) In General.--Section 340B of the Public Health Service Act (42
U.S.C. 256b) is amended--
(1) in subsection (a)--
(A) in paragraphs (1), (2), and (5), by striking
``covered outpatient drug'' each place such term
appears and inserting ``covered drug''; and
(B) in paragraphs (1), (7), and (9), by striking
``covered outpatient drugs'' each place such term
appears and inserting ``covered drugs'';
(2) in subsection (b)(2)(B) by striking ``paragraph
(3)(A)'' and inserting ``paragraph (3)''; and
(3) in subsection (d), by striking ``covered outpatient
drugs'' each place such term appears and inserting ``covered
drugs''.
(b) Medicaid Credits on Inpatient Drugs.--Section 340B of the
Public Health Service Act (42 U.S.C. 256b) is amended by inserting
after subsection (b) the following new subsection:
``(c) Medicaid Credits on Inpatient Drugs.--
``(1) In general.--For each cost reporting period, based on
the most recently filed Medicare cost report under title XVIII
of the Social Security Act and subject to paragraph (5), a
hospital described in subparagraph (L), (M), (N), or (O) of
subsection (a)(4) and enrolled to participate in the drug
discount program under this section shall provide to each State
that has a plan for medical assistance under title XIX of such
Act and that makes payment to such hospital for covered drugs
provided to Medicaid recipients for inpatient use, a credit on
the estimated annual purchases by such hospital of such covered
drugs provided to such Medicaid recipients.
``(2) Amount of credit.--
``(A) In general.--The credit described in
paragraph (1), with respect to a hospital and cost
reporting period described in such paragraph shall be
equal to--
``(i) the product of--
``(I) the sum of the annual credit
amounts (described in subparagraph (B))
calculated under subparagraph (B)(i)
for each dosage form and strength of
each covered drug purchased by the
hospital during the cost reporting
period; and
``(II) the estimated percentage of
the purchases of covered drugs by the
hospital during such period
attributable to Medicaid recipients for
inpatient use, as determined in
accordance with subparagraph (D); and
``(ii) subject to paragraph (3)(D), reduced
by the amount by which the Medicaid inpatient
reimbursement (as defined in subparagraph
(E)(ii)) of the hospital for such period was
reduced as a result of participation in the
drug discount program under this section during
such period by the hospital, as determined in
accordance with subparagraph (E).
``(B) Annual credit amounts.--For purposes of
subparagraph (A)(i)(I), an annual credit amount, with
respect to a covered drug purchased by a hospital
described in paragraph (1) during a cost reporting
period of the hospital--
``(i) is equal to the sum of the quarterly
credit amounts calculated under subparagraph
(C)(i), for each of the 4 quarters of the cost
reporting period for such covered drug; and
``(ii) shall be calculated for each dosage
form and strength of such covered drug.
``(C) Quarterly credit amounts.--For purposes of
subparagraph (B)(ii), a quarterly credit amount, with
respect to a covered drug purchased by a hospital
described in paragraph (1) during a quarter of the cost
reporting period of the hospital--
``(i) is equal to the product of--
``(I) the total number of units of
each dosage form and strength of such
covered drug purchased by the hospital
during such quarter;
``(II) the average manufacturer
price of the covered drug (for the unit
of the dosage form and strength
involved) during such quarter; and
``(III) half of the rebate
percentage for the covered drug, as
defined in subsection (a)(2); and
``(ii) shall be calculated for--
``(I) each dosage form and strength
of the covered drug purchased by the
hospital; and
``(II) each of the 4 quarters of
such cost reporting period.
``(D) Percentage of drug purchases attributable to
medicaid recipients for impatient use.--For purposes of
subparagraph (A)(i)(II), the estimated percentage of
the drug purchases of the hospital attributable to
Medicaid recipients for inpatient use shall be equal to
the Medicaid inpatient drug charges as reported on the
most recently filed Medicare cost report of the
hospital, divided by the total drug charges reported on
the cost report.
``(E) Credit offset.--
``(i) In general.--For purposes of
subparagraph (A)(ii), the amount by which the
Medicaid inpatient reimbursement of a hospital,
with respect to a cost reporting period, is
reduced as a result of the participation in the
drug discount program under this section by the
hospital shall be computed as the difference
between--
``(I) the Medicaid inpatient
reimbursement that would have otherwise
been payable to the hospital for the
cost reporting period if the hospital
did not participate in such drug
discount program; and
``(II) the actual Medicaid
inpatient reimbursement payable to the
hospital for the cost reporting period.
``(ii) Medicaid inpatient reimbursement
defined.--For purposes of this subsection, the
term `Medicaid inpatient reimbursement' means
the total payments received by the hospital
under the State plan under title XIX of the
Social Security Act for providing inpatient
services to Medicaid recipients.
``(3) Requirements.--
``(A) In general.--A hospital shall not be required
to provide a credit under paragraph (1) to a State
unless, not later than 30 days after receiving the
information described in subparagraph (B), the State
calculates in accordance with paragraph (2) the amount
of the credit owed by the hospital under paragraph (1)
and provides the hospital with both the amount of such
credit so owed and an explanation of how the State
calculated such credit.
``(B) Hospital provision of information.--Not later
than 30 days after the date of the filing of the most
recently filed Medicare cost report of a hospital
described in paragraph (1), the hospital shall provide
the State involved with the information described in
subparagraphs (C)(i)(I) and (D) of paragraph (2). With
respect to each covered drug purchased during the cost
reporting period, the hospital shall provide the
National Drug Code, date of purchase, and the number of
units purchased. Submission of such information shall
not be required if a covered drug has not been assigned
a National Drug Code at the time of purchase.
``(C) Access to amp and rebate data.--The Secretary
shall establish a system for giving States access to
the information necessary for them to calculate credits
under paragraph (2), with respect to covered drugs,
including the average manufacturer price and rebate
percentage for such covered drugs.
``(D) Credit offset.--Paragraph (2)(A)(ii) shall be
applied, with respect to a credit owed by a hospital
under paragraph (1), only if, not later than 30 days
after filing the most recent Medicare cost report, the
hospital submits to the State involved--
``(i) a request for the State to apply such
paragraph and to calculate the amount described
in such paragraph in accordance with paragraph
(2)(E); and
``(ii) the data needed by the State to
determine the amount of the Medicaid inpatient
reimbursement described in paragraph
(2)(E)(i)(I) for such hospital.
``(E) Disputes.--A State and hospital described in
paragraph (1) shall have access to the same State
dispute resolution procedures and system applicable to
Medicaid reimbursement matters under title XIX of the
Social Security Act.
``(4) Payment deadline.--A hospital shall provide to a
State the credits owed by such hospital under paragraph (1) not
later than 60 days after the hospital receives the information
described in paragraph (3)(A).
``(5) Opt out.--A hospital shall not be required to provide
a credit under paragraph (1) to a State if the hospital and
State agree to an alternative arrangement.
``(6) Offset against medical assistance.--Amounts received
by a State under this subsection shall be considered to be a
reduction in the amount expended under the State plan for
medical assistance for purposes of section 1903(a)(1) of the
Social Security Act.
``(7) Medicaid recipient defined.--For purposes of this
subsection, the term `Medicaid recipient' means, with respect
to a State, an individual who receives benefits under the State
plan under title XIX of the Social Security Act.''.
(c) Conforming Amendments.--Section 1927 of the Social Security Act
(42 U.S.C. 1396r-8) is amended--
(1) in subsection (a)(5)--
(A) in subparagraph (A), by striking ``covered
outpatient drugs'' and inserting ``covered drugs (as
defined in section 340B(b)(2) of the Public Health
Service Act)''; and
(B) by striking subparagraphs (D) and (E); and
(2) in subsection (c)(1)(C)(i)--
(A) by redesignating subclauses (II) through (VI)
as subclauses (III) through (VII), respectively; and
(B) by inserting after subclause (I) the following:
``(II) any prices charged for a
covered drug, as defined in section
340B(b)(2) of the Public Health Service
Act;''.
SEC. 3. PROHIBITION AGAINST DUPLICATE DISCOUNTS FOR PHYSICIAN
ADMINISTERED DRUGS.
Section 340B(a)(5)(A) of the Public Health Service Act (42 U.S.C.
256b) is amended by adding at the end the following:
``(iii) Physician administered drugs.--A
hospital described in subparagraph (L), (M),
(N), or (O) of paragraph (4) shall not be
required under section 1927(a)(7) of the Social
Security Act to report National Drug Code
numbers for drugs administered by a physician
(or under a physician's supervision) if the
State is precluded from seeking a rebate on
such drugs because such drugs were purchased at
a discount under this section. Nothing in this
clause shall relieve a hospital of its
obligation to submit National Drug Codes in
accordance with subsection (c)(3)(B).''.
SEC. 4. CONTINUED INCLUSION OF ORPHAN DRUGS IN DEFINITION OF COVERED
OUTPATIENT DRUGS; TECHNICAL AMENDMENT.
(a) In General.--Section 340B of the Public Health Service Act (42
U.S.C. 256b) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply to drugs purchased on or after March 30, 2010.
SEC. 5. APPLICATION OF RULES FOR DETERMINING PROVIDER-BASED STATUS FOR
CERTAIN ENTITIES.
Notwithstanding any other provision of law, in making
determinations of provider-based status under title XVIII of the Social
Security Act, the facility or organization shall be treated as
satisfying any requirements and standards for geographic location in
relation to a hospital or a critical access hospital if the facility or
organization is described in subparagraph (L), (M), (N), or (O) of
section 340B(a)(4) of the Public Health Service Act (42 U.S.C.
256b(a)(4)). | 340B Program Improvement Act - Amends the Public Health Service Act to make revisions to the 340B drug discount program (a program limiting the cost of covered outpatient drugs to certain federal grantees).
Includes drugs used in connection with an inpatient or outpatient service by enrolled hospitals as covered drugs under the program (currently, only outpatient drugs are covered under the program).
Requires hospitals enrolled in the 340B program to provide to each state a credit on the estimated annual purchases by such hospitals of covered drugs provided to Medicaid recipients for inpatient use. Sets forth a formula for calculating the credit. Allows a hospital to avoid paying such credits under certain circumstances.
Eliminates the requirement that hospitals enrolled in the 340B program report the National Drug Code numbers for drugs administered by a physician if the state is precluded from seeking a rebate on such drugs because they were purchased at a discount under the 340B program.
Removes the exclusion that prohibited covered entities added to the 340B program under the Patient Protection and Affordable Care Act from purchasing drugs for a rare disease or condition as covered outpatient drugs.
Treats a facility or organization that is eligible for the 340B program as satisfying any geographic location requirements in relation to a hospital or a critical access hospital for purposes of determining provider-based status under Medicare. | {"src": "billsum_train", "title": "To amend section 340B of the Public Health Service Act to improve the provision of discounts on drug purchases for certain safety net providers."} | 2,700 | 297 | 0.62639 | 1.648539 | 0.783963 | 2.550607 | 9.82996 | 0.834008 |
SECTION 1. CASA GRANDE RUINS BOUNDARY ADJUSTMENT.
(a) Short Title.--This section may be cited as the ``Casa Grande
Ruins National Monument Boundary Modification Act of 2004''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds as follows:
(A) Casa Grande Ruin Reservation was set aside on
March 2, 1889, proclaimed as the Nation's first
archeological preserve on June 22, 1892, and
redesignated as Casa Grande Ruins National Monument on
August 3, 1918.
(B) Casa Grande Ruins National Monument protects
one of the finest architectural examples of 13th
Century Hohokam culture in the American Southwest known
to early Spanish explorers as the ``Great House''.
(C) Casa Grande is only part of the story of this
ancient town that may have covered 2 square miles.
(D) Recent surveys and research have determined
that the area of the Great House and the village
surrounding it extends beyond the current monument
boundary.
(2) Purposes.--The purposes of this Act are as follows:
(A) To modify the boundary of Casa Grande Ruins
National Monument--
(i) to protect newly discovered sites
associated with the existing monument;
(ii) to expand and extend our knowledge and
understanding of the ancient Hohokam culture, a
major influence in the development of the
American Southwest; and
(iii) to provide greater opportunities to
visitors, researchers, and surrounding
communities to understand and appreciate the
contributions of this culture to the region.
(B) To correct an unintentional trespass and allow
for the widening and paving of the San Carlos
Irrigation Project (Pima Lateral Canal) by transferring
jurisdiction of approximately 3.75 acres of Federal
land from the National Park Service to the Bureau of
Indian Affairs.
(C) To clarify ownership of land on the monument's
southwest boundary.
(c) Boundary Adjustment.--
(1) In general.--The boundary of the Casa Grande Ruins
National Monument is modified to include the approximately 257
acres, generally depicted on the map entitled ``2004 Proposed
Casa Grande Ruins Boundary Modification'', numbered 303/80,018,
and dated August 2004 (referred to in this section as the
``Map'') .
(2) Map.--The Map shall be on file and available for
inspection in the appropriate offices of the National Park
Service.
(3) Administration of lands.--Lands added to the monument
by this subsection shall be administered by the Secretary as
part of the monument in accordance with applicable laws and
regulations.
(d) Land Acquisition.--
(1) In general.--The Secretary is authorized to acquire
lands or interest in lands owned by the State of Arizona
identified for such purpose on the Map for expansion of the
boundaries of the Casa Grande Ruins National Monument.
Identified lands owned by the State of Arizona or private
landowners may be acquired only with the consent of the
landowners, including the State of Arizona or private
landowners, and in accordance with State and Federal law.
Jurisdiction of lands identified on the Map that are under the
jurisdiction of a Federal agency other than the Department of
the Interior may be transferred to the Secretary with the
consent of the head of the other Federal agency.
(2) Lands described.--The lands on the Map include--
(A) 80 acres of privately owned land on the west
boundary of the monument;
(B) 7.4 acres of Federal land, known as the Horvath
Site, administered by the Bureau of Indian Affairs,
located to the northeast of the monument;
(C) 3 parcels of land totaling 43.42 acres, owned
by the Archeological Conservancy, located to the east
of the monument;
(D) 4.5 acres of Federal land administered by the
Bureau of Land Management, located on the southwest
boundary of the Monument; and
(E) 126 acres of land owned by the State of
Arizona, known as Adamsville, located 4 miles east of
the monument.
(3) Compensation.--As consideration for the acquisition of
State and private lands or interests in lands, the Secretary
shall pay fair market value for such lands or shall convey to
the State of Arizona and private land owners all or some
interest in Federal land or any other asset of equal value
within the State of Arizona, unless the lands or interests in
lands are donated.
(e) Transfer of Land to BIA.--Jurisdiction over the approximately
3.75 acres of Federal land identified for such purpose on the Map is
hereby transferred from the National Park Service to the Bureau of
Indian Affairs to allow for the widening and paving of the San Carlos
Irrigation Project (Pima Lateral Canal). | Casa Grande Ruins National Monument Boundary Modification Act of 2004 - Modifies the boundary of the Casa Grande Ruins National Monument (Monument).
Authorizes the Secretary of the Interior to acquire certain lands from the State of Arizona for the expansion of the boundaries of the Monument.
Transfers jurisdiction over certain Federal land in the Monument from the National Park Service to the Bureau of Indian Affairs to allow for the widening and paving of the San Carlos Irrigation Project. | {"src": "billsum_train", "title": "To modify the boundary of the Casa Grande Ruins National Monument, and for other purposes."} | 1,041 | 105 | 0.590055 | 1.620036 | 1.163557 | 4.883721 | 10.94186 | 0.906977 |
.
(a) Establishment of Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Pick-Sloan Tribal Commission for Comprehensive
Resolution''.
(2) Membership.--
(A) In general.--The Commission shall be composed
of 7 members, of whom--
(i) 1 shall be the Chairperson of the
Commission;
(ii) at least 1 shall have expertise in the
field of Indian law and policy;
(iii) at least 1 shall have expertise in
the operation and history of Federal water
projects;
(iv) 1 shall have expertise in the area of
environmental justice;
(v) 1 shall be an economist; and
(vi) at least 1 shall be an authority in
cultural preservation.
(B) Tribal membership.--Of the 7 members selected
for the Commission, at least 3 shall be members of
federally recognized Indian tribes.
(C) Selection of commission.--
(i) In general.--The Chairperson and Vice
Chairperson of the Committee on Indian Affairs
of the Senate and the Chairperson and Ranking
Member of the Committee on Natural Resources of
the House of Representatives shall--
(I) select the 7 Commission
members; and
(II) appoint 1 of the members to
serve as Chairperson of the Commission.
(ii) Recommendations.--The affected Indian
tribes may make recommendations to the
Chairperson of the Committee on Indian Affairs
of the Senate and the Chairperson of the
Committee on Natural Resources of the House of
Representatives regarding members of the
Commission.
(D) Deadline for appointment.--All members of the
Commission shall be appointed not later than 60 days
after the date of enactment of this Act.
(3) Term; vacancies.--
(A) Term.--A member shall be appointed for the life
of the Commission.
(B) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled in the same manner as
the original appointment was made.
(4) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the initial meeting of the Commission.
(5) Meetings.--The Commission shall meet at the call of the
Chairperson.
(6) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(7) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(b) Duties.--
(1) In general.--In carrying out this section, the
Commission shall consult with the affected Indian tribes.
(2) Study.--The Commission shall conduct a study of--
(A) with respect to the period beginning on the
date of commencement of the Pick-Sloan Program and
ending on the date on which the study is initiated--
(i) the impacts on the affected Indian
tribes, directly or indirectly, caused by the
Pick-Sloan Program; and
(ii) measures implemented by the Federal
Government to attempt to address those impacts;
(B) other measures that have been proposed to
address the impacts on the affected Indian tribes
caused by the Pick-Sloan Program;
(C) the results of any other studies regarding
those impacts and potential solutions to the impacts,
including any studies conducted by the Joint Tribal
Advisory Committee relating to the Pick-Sloan Program;
and
(D) comparisons involving other situations in which
Federal hydroelectric projects or federally licensed
hydroelectric projects have resulted in the taking or
occupation of Indian land and the compensation, or
other measures, Indian tribes have been or are being
provided in those situations.
(3) Hearings.--
(A) In general.--In carrying out paragraph (2), the
Commission shall hold at least 3 hearings to receive
information from Federal agencies, Indian tribes, and
other interested parties regarding the resolution of
Pick-Sloan Program impacts.
(B) Public participation.--A hearing under this
paragraph shall be open to the public.
(C) Records.--For each hearing under this
paragraph, the Commission shall--
(i) compile a record consisting of
transcripts, written testimony, studies, and
other information presented at the hearing; and
(ii) include the record in the report of
the Commission required under paragraph (5), as
an appendix in electronic format.
(4) Comprehensive resolution.--
(A) In general.--Based on the results of the study
under paragraph (2), and hearings under paragraph (3),
the Commission shall develop a proposal to
comprehensively resolve the impacts to the affected
Indian tribes resulting from the Pick-Sloan Program.
(B) Inclusions.--The proposal under subparagraph
(A) shall include--
(i) a comprehensive proposal for a program
to provide full and final compensation to the
affected Indian tribes;
(ii) a description of the measures referred
to in paragraph (2) that--
(I) have not been implemented;
(II) could be implemented; or
(III) should be implemented in a
more effective manner;
(iii) relevant measures that could be
accomplished administratively;
(iv) relevant measures that would require
legislation to be implemented; and
(v) any other measures necessary to
comprehensively resolve the impacts of the
Pick-Sloan Program on the affected Indian
tribes.
(5) Report.--
(A) In general.--Subject to subparagraph (B), not
later than 18 months after the date on which the first
meeting of the Commission takes place, the Commission
shall submit to the President and Congress a report
that contains--
(i) a detailed statement of the study
findings and conclusions of the Commission; and
(ii) the proposal of the Commission for
such legislation and administrative actions as
the Commission considers to be appropriate to
resolve the impacts on the affected Indian
tribes caused by the Pick-Sloan Program.
(B) Extension.--The deadline described in
subparagraph (A) may be extended for a period of not
more than 180 days if the Commission submits to the
Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of
Representatives a request for the extension that--
(i) is received by the Committees before
the deadline described in subparagraph (A); and
(ii) includes a description of the reasons
why the extension is needed.
(6) Website.--
(A) In general.--The Commission shall maintain a
website for the period beginning on the date on which
the first meeting of the Commission takes place and
ending on the date that is 180 days after the date of
termination of the Commission.
(B) Requirements.--The Commission shall use the
website--
(i) to describe the activities of the
Commission;
(ii) to provide access to information
studied by the Commission;
(iii) to provide notice of, and make
available all information presented at,
hearings of the Commission; and
(iv) to post the report (including all
appendices to that report) of the Commission
required under paragraph (5).
(C) Archiving of website content.--At the time at
which the website of the Commission is terminated, all
content on the website shall be--
(i) collected on compact disk, digital
video disk, or other appropriate digital media;
and
(ii) included in the report to be submitted
under paragraph (5).
(c) Powers.--
(1) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers to be
advisable to carry out this Act.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from a Federal agency such information as the
Commission considers to be necessary to carry out this
Act.
(B) Provision of information.--On request of the
Chairperson of the Commission, the head of an
applicable Federal agency shall provide the information
to the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(d) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Travel expenses.--Each member of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as are necessary to enable the Commission to perform
the duties of the Commission.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(C) Compensation.--
(i) In general.--Except as provided in
subparagraph (B), the Chairperson of the
Commission may fix the compensation of the
executive director and other personnel without
regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United
States Code, relating to classification of
positions and General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay
for the executive director and other personnel
shall not exceed the rate payable for level IV
of the Executive Schedule under section 5316 of
title 5, United States Code.
(D) Detail of federal government employees.--
(i) In general.--An employee of the Federal
Government may be detailed to serve as staff
for the Commission without reimbursement.
(ii) Civil service status.--The detail of
the employee shall be without interruption or
loss of civil service status or privilege.
(4) Human resources support.--The Commission may request
the Secretary of Defense to provide, and the Secretary of
Defense shall provide, through human resource departments under
the jurisdiction of the Secretary of Defense, on a reimbursable
basis, operational support for activities of the Commission.
(5) Contract authority.--The Commission may, to such extent
and using such amounts as are provided in appropriation Acts,
enter into contracts to enable the Commission to discharge the
duties of the Commission under this Act.
(6) Volunteer services.--Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept and use
such voluntary and uncompensated services as the Commission
determines to be necessary.
(7) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(e) Termination of Commission.--The Commission shall terminate 90
days after the date on which the Commission submits the report of the
Commission under subsection (b)(5).
SEC. 5. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act for each
of fiscal years 2010 and 2011, to remain available until expended.
(b) Transfer of Funds in Lieu of Appropriation.--
(1) In general.--For any fiscal year, or at any time during
a fiscal year, in which insufficient amounts are available to
fund activities of the Commission, the Secretary of the
Interior or the Secretary of the Army may transfer to the
Commission such unobligated amounts as are available to the
Secretary of the Interior or the Secretary of the Army for use
by the Commission in carrying out this Act.
(2) Availability.--Amounts transferred to the Commission
under paragraph (1) shall remain available until the earlier
of--
(A) the date of termination of the Commission; or
(B) the date on which amounts that are sufficient
to carry out this Act are made available.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act diminishes, changes, or otherwise affects--
(1) the water rights of the affected Indian tribes;
(2) any other right (including treaty rights) of the
affected Indian tribes;
(3) the status of Indian reservation land or the boundaries
of any reservation of an Indian tribe; or
(4) any Congressional authorization of appropriations for
the benefit of the affected Indian tribes. | Pick-Sloan Tribal Commission Act of 2010 - Establishes the Pick-Sloan Tribal Commission for Comprehensive Resolution to consult with Indian tribes affected by the Pick-Sloan Program and to conduct a study of: (1) the impacts of the Program on the affected Indian tribes and the federal government measures attempting to address those impacts; (2) other proposed measures addressing the impacts of the Program on such Indian tribes; (3) the results of any other studies regarding those impacts and potential solutions, including any related studies conducted by the Joint Tribal Advisory Committee; and (4) comparisons involving other situations in which federal hydroelectric projects or federally licensed hydroelectric projects have resulted in the taking or occupation of Indian land and the compensation or other measures Indian tribes have been or are being provided in those situations.
Requires the Commission to: (1) maintain an information website beginning on the date of its first meeting; (2) hold at least three hearings; (3) develop a proposal that comprehensively resolves the Program's impacts on, and provides for full and final compensation to, the affected Indian tribes; and (4) issue a report. | {"src": "billsum_train", "title": "To establish a commission to conduct a study and provide recommendations on a comprehensive resolution of impacts caused to certain Indian tribes by the Pick-Sloan Program."} | 2,850 | 247 | 0.519712 | 1.408329 | 0.734748 | 3.628959 | 12.099548 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Commitment Act''.
SEC. 2. INCLUSION OF MEDICARE-ELIGIBLE COVERED BENEFICIARIES IN FEDERAL
EMPLOYEES HEALTH BENEFITS PROGRAM.
(a) FEHBP Option.--(1) Chapter 55 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 1107. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management under which a Medicare-eligible
covered beneficiary described in subsection (b) will be offered an
opportunity to enroll in a health benefits plan offered through the
Federal Employee Health Benefits program under chapter 89 of title 5,
in addition to receiving health care services under this chapter
through a treatment facility of the uniformed services, the Civilian
Health and Medical Program of the Uniformed Services, or the TRICARE
program. The agreement may provide for limitations on enrollment of
Medicare-eligible covered beneficiaries in the Federal Employee Health
Benefits program if the Office of Personnel Management determines the
limitations are necessary to allow for adequate planning for access for
services under the Federal Employee Health Benefits program.
``(b) Medicare-Eligible Covered Beneficiary Described.--A Medicare-
eligible covered beneficiary referred to in subsection (a) is a covered
beneficiary under this chapter who for any reason is or becomes
entitled to hospital insurance benefits under part A of title XVIII of
the Social Security Act (42 U.S.C. 1395c et seq.). The covered
beneficiary shall not be required to satisfy any eligibility criteria
specified in chapter 89 of title 5 as a condition for enrollment in a
health benefits plan offered through the Federal Employee Health
Benefits program pursuant to subsection (a).
``(c) Continued Participation in Uniformed Services Health
System.--A Medicare-eligible covered beneficiary who enrolls in a
health benefits plan offered through the Federal Employee Health
Benefits program pursuant to subsection (a) may continue, after such
enrollment, to receive health care services through a treatment
facility of the uniformed services, the Civilian Health and Medical
Program of the Uniformed Services, or the TRICARE program. Section 1095
of this title, relating to collection from third-party payers, shall
apply with respect to the costs of health care services incurred by the
United States on behalf of an enrolled covered beneficiary through a
treatment facility of the uniformed services, the Civilian Health and
Medical Program of the Uniformed Services, or the TRICARE program.
``(d) Contributions.--(1) In the case of a Medicare-eligible
covered beneficiary who enrolls in a health benefits plan offered
through the Federal Employee Health Benefits program pursuant to
subsection (a), the administering Secretary concerned shall be
responsible for Government contributions that the Office of Personnel
Management determines are necessary to cover all costs in excess of
beneficiary contributions under paragraph (2).
``(2) The contribution required from the enrolled covered
beneficiary shall be equal to the amount that would be withheld from
the pay of a similarly situated Federal employee who enrolls in a
health benefits plan under chapter 89 of title 5.
``(e) Management of Participation.--If the enrolled covered
beneficiary is a member or former member of the uniformed services
described in section 1074(b) of this title, the authority responsible
for approving retired or retainer pay or equivalent pay for the member
or former member shall manage the participation of the enrolled member
or former member in a health benefits plan offered through the Federal
Employee Health Benefits program pursuant to subsection (a). If the
enrolled covered beneficiary is a dependent of a member or
former member, the authority that is, or would be, responsible for
approving retired or retainer pay or equivalent pay for the member or
former member shall manage the participation of the enrolled dependent
in a health benefits plan offered through the Federal Employee Health
Benefits program under subsection (a). The Office of Personnel
Management shall maintain separate risk pools for enrolled covered
beneficiaries until such time as the Director of the Office of
Personnel Management determines that complete inclusion of enrolled
covered beneficiaries under chapter 89 of title 5 will not adversely
affect Federal employees and annuitants enrolled in health benefits
plans under such chapter.
``(f) Effect of Cancellation.--The cancellation by a Medicare-
eligible covered beneficiary of coverage under the Federal Employee
Health Benefits program shall be irrevocable for purposes of this
section.
``(g) Reporting Requirements.--Not later than November 1 of each
year, the administering Secretaries and the Director of the Office of
Personnel Management shall jointly submit a report to Congress
describing the provision of health care services to Medicare-eligible
covered beneficiaries under this section during the preceding fiscal
year. The report shall address or contain the following:
``(1) The number of Medicare-eligible covered beneficiaries
enrolled in health benefits plans offered through the Federal
Employee Health Benefits program pursuant to subsection (a),
both in terms of total number and as a percentage of all
Medicare-eligible covered beneficiaries receiving health care
through the health care system of the uniformed services.
``(2) The out-of-pocket cost to enrolled covered
beneficiaries under such health benefits plans.
``(3) The cost to the Government (including the Department
of Defense, the Department of Transportation, and the
Department of Health and Human Services) of providing care
under such health benefits plans as a result of this section.
``(4) A comparison of the costs determined under paragraphs
(2) and (3) and the costs that would have otherwise been
incurred by the Government and enrolled covered beneficiaries
under alternative health care options available to the
administering Secretaries.
``(5) The effect of this section on the cost, access, and
utilization rates of other health care options under the health
care system of the uniformed services.
``(h) Time for Option.--The Secretary of Defense shall begin to
offer the health benefits option under subsection (a) not later than
January 1, 1998.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1107. Health care coverage through Federal Employees Health Benefits
program.''.
(b) Conforming Amendments.--Chapter 89 of title 5, United States
Code, is amended--
(1) in section 8905--
(A) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively; and
(B) by inserting after subsection (c) the following
new subsection:
``(d) An individual whom an administering Secretary described in
section 1073 of title 10 determines is a medicare-eligible covered
beneficiary under subsection (b) of section 1107 of such title may
enroll in a health benefits plan under this chapter in accordance with
the agreement entered into under subsection (a) of such section between
the Secretary of Defense and the Office and in accordance with
applicable regulations under this chapter.'';
(2) in section 8906(b)--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting in lieu thereof ``paragraphs
(2), (3), and (4)''; and
(B) by adding at the end the following new
paragraph:
``(4) In the case of individuals who enroll in a health plan in
accordance with section 8905(d) of this title, the Government
contribution shall be determined under section 1107(d) of title 10.'';
and
(3) in section 8906(g)--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting in lieu thereof ``paragraphs (2) and
(3)''; and
(B) by adding at the end the following new
paragraph:
``(3) The Government contribution described in subsection (b)(4)
for beneficiaries who enroll in accordance with section 8905(d) of this
title shall be paid as provided in section 1107(d) of title 10.''. | Health Care Commitment Act - Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which a covered CHAMPUS beneficiary who is also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in addition to receiving care through a military treatment facility, CHAMPUS, or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the administering Secretaries and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year. Requires the Secretary of Defense to begin to offer the health benefits option described under this Act no later than January 1, 1998. | {"src": "billsum_train", "title": "Health Care Commitment Act"} | 1,813 | 224 | 0.566018 | 1.506359 | 0.731913 | 3.818653 | 8.709845 | 0.875648 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postreproductive Health Care Act''.
SEC. 2. ESTABLISHMENT OF PROGRAM FOR POSTREPRODUCTIVE HEALTH CARE.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following new
subpart:
``Subpart IX--Postreproductive Health Care
``postreproductive health care
``Sec. 340E. (a) In General.--The Secretary shall make grants for
the purpose of providing the services described in subsection (b) to
women who are of menopausal age or older. Such grants may be made only
to public or nonprofit private entities that provide health services to
a significant number of low-income women.
``(b) Authorized Services.--The services referred to in subsection
(a) are as follows:
``(1) The prevention and outpatient treatment of health
conditions--
``(A) unique to, more serious, or more prevalent
for eligible women; or
``(B) for which, in the case of such women, the
factors of medical risk or types of medical
intervention are different.
``(2) Counseling on the conditions described in paragraph
(1).
``(3) The education and training of health professionals
(including allied health professionals) on the prevention and
treatment of such conditions and on the provision of such
counseling.
``(c) Priority in Provision of Services.--The Secretary may make a
grant under subsection (a) only if the applicant involved agrees that,
in expending the grant to provide authorized services to eligible
women, the applicant will give priority to providing the services for
menopausal health conditions.
``(d) Outreach.--The Secretary may make a grant under subsection
(a) only if the applicant involved agrees--
``(1) to conduct outreach services to inform women in the
community involved of the fact that authorized services are
available from the applicant; and
``(2) to give priority to providing the outreach services
to low-income women.
``(e) Limitation on Imposition of Fees for Services.--The Secretary
may make a grant under subsection (a) only if the applicant involved
agrees that, if a charge is imposed for the provision of services or
activities under the grant, such charge--
``(1) will be made according to a schedule of charges that
is made available to the public;
``(2) will be adjusted to reflect the income of the woman
involved; and
``(3) will not be imposed on any woman with an income equal
to or less than 100 percent of the official poverty line, as
established by the Director of the Office of Management and
Budget and revised by the Secretary in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981.
``(f) Reports to Secretary.--The Secretary may make a grant under
subsection (a) only if the applicant involved agrees to submit to the
Secretary, for each fiscal year for which such a grant is made to the
applicant, a report describing the purposes for which the grant has
been expended.
``(g) Requirement of Application.--The Secretary may make a grant
under subsection (a) only if the applicant involved makes an agreement
that the grant will not be expended for any purpose other than the
purpose described in such subsection and for compliance with any other
agreements required in this section. Such a grant may be made only if
an application for the grant is submitted to the Secretary containing
such agreements, and the application is in such form, is made in such
manner, and contains such other agreements, and such assurances and
information, as the Secretary determines to be necessary to carry out
this section.
``(h) Definitions.--For purposes of this section:
``(1) The term `authorized services' means the services
described in subsection (b).
``(2) The term `eligible women' means women described in
subsection (a).
``(3) The term `health conditions' includes diseases and
disorders.
``(4) The term `health' includes mental health.
``(5) The term `menopausal age', with respect to a woman,
includes the age at which the woman is nearing menopause and
includes any age at which the woman experiences menopausal
health conditions.
``(6) The term `menopausal health conditions' means
conditions arising from the diminished or complete cessation of
the functioning of the ovaries, whether occurring naturally or
otherwise.
``(i) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $25,000,000
for fiscal year 1997, and such sums as may be necessary for each of the
fiscal years 1998 and 1999.''. | Postreproductive Health Care Act - Amends the Public Health Service Act to mandate grants for: (1) prevention and outpatient treatment of, and counseling for, health conditions unique to, more serious, or more prevalent for women of menopausal age or older, or for which the medical risk or types of medical intervention are different; and (2) related education and training of health professionals. Authorizes appropriations. | {"src": "billsum_train", "title": "Postreproductive Health Care Act"} | 1,075 | 88 | 0.612798 | 1.556475 | 1.305839 | 3.974359 | 12.923077 | 0.923077 |
SECTION 1. EXECUTIVE ORDER 12898.
The provisions of Executive Order 12898, dated February 11, 1994,
pertaining to Federal actions to address environmental justice in
minority populations and low-income populations, shall remain in force
until changed by law. In carrying out such executive order, the
provisions of this Act shall apply.
SEC. 2. ADDITIONAL PROVISIONS RELATING TO ENVIRONMENTAL JUSTICE.
(a) Definition of Environmental Justice.--For purposes of Executive
Order 12898, environmental justice is the fair treatment and meaningful
involvement of all people regardless of race, color, national origin,
educational level, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies. Environmental justice seeks to ensure that minority and low-
income communities have adequate access to public information relating
to human health and environmental planning, regulations, and
enforcement. Environmental justice ensures that no population,
especially the elderly and children, are forced to shoulder a
disproportionate burden of the negative human health and environmental
impacts of pollution or other environmental hazard.
(b) Identification and Prioritization of Environmental Justice
Communities.--For purposes of Executive Order 12898, criteria for
defining an environmental justice community shall include demographic
characteristics, such as percentages of minority and low-income
residents within an area, as well as--
(1) health vulnerabilities, such as cancer mortality and
incidence rate, infant mortality, low birth weight, asthma, and
childhood lead poisoning; and
(2) environmental conditions, such as facility density and
proximity to Corrective Action/Superfund Sites, Enforcement
Data (percent and number of uninspected facilities, percent and
number of unaddressed violations, average and total penalty and
air nonattainment status), emissions, attainment status, indoor
air issues, 305b stream data, fish advisories, beach closings,
and truck traffic.
(c) Establishment of Offices of Environmental Justice.--For
purposes of Executive Order 12898, each of the following shall
establish an Office of Environmental Justice:
(1) Department of Defense.
(2) Department of Justice.
(3) Department of the Interior.
(4) Department of Agriculture.
(5) Department of Commerce.
(6) Department of Labor.
(7) Department of Health and Human Services.
(8) Department of Housing and Urban Development.
(9) Department of Transportation.
(10) Department of Energy.
(11) Department of Homeland Security
(12) Environmental Protection Agency.
(13) Office of Management and Budget.
(14) Office of Science and Technology Policy.
(15) Office of the Deputy Assistant to the President for
Environmental Policy.
(16) Office of the Assistant to the President for Domestic
Policy.
(17) National Economic Council.
(18) Council of Economic Advisers.
(19) Such other Government officials as the President may
designate.
(d) Integration of Environmental Justice Policies in Agency
Actions.--For purposes of the environmental justice strategies
developed by agencies under Executive Order 12898, each agency shall
integrate the strategy into the operation and mission of the agency and
explicitly address compliance with this Act, including in the following
activities:
(1) Future rulemaking activities.
(2) The development of any future guidance, environmental
reviews (including NEPA, CAA, Federal Land Policy Act),
regulation, or procedures for Federal agency programs,
policies, or activities that affect human health or the
environment.
(e) Interagency Federal Working Group Coordination and Guidance.--
The interagency Federal Working Group on Environmental Justice (in this
section referred to as the ``Working Group'') shall--
(1) coordinate an integrated environmental justice training
plan for the Federal agencies and offices listed in subsection
(c);
(2) formalize public participation efforts;
(3) survey the Federal agencies and offices to determine
what is effective and how to best facilitate outreach without
duplicating efforts;
(4) develop a strategy for allocating responsibilities and
ensuring participation, even when faced with competing agency
priorities; and
(5) coordinate plans to communicate research results so
reporting and outreach activities produce more useful and
timely information.
(f) Agency Public Participation Efforts.--
(1) Outreach efforts.--Each Federal agency listed in
subsection (c) shall carry out and report outreach activities
to the Working Group, including the following:
(A) Respond directly to inquiries from the public
and other stakeholders.
(B) Maintain websites and listservers.
(C) Produce and distribute hardcopy documents and
multimedia products.
(D) Conduct or sponsor briefings, lectures, and
press conferences.
(E) Testify before Congress or other government
bodies.
(F) Finance scholarships, fellowships, and
internships.
(G) Support museum exhibits and other public
displays.
(H) Sponsor, participate, or otherwise contribute
to meetings attended by stakeholders.
(I) Provide scientifically-sound content for K-12
education activities; and
(J) fund outreach efforts managed outside the
Federal Government.
(2) Stakeholders.--To ensure their active public
participation and to provide input early in environmental
decision-making, Federal agencies along with the Working Group
shall develop ways to enhance partnerships and coordination
with stakeholders, including affected communities, Federal,
Tribal, State, and local governments, environmental
organizations, nonprofit organizations, academic institutions
(including Historically Black Colleges and Universities
(HBCUs), Hispanic Serving Institutions (HSIs), and Tribal
Colleges), and business and industry.
(g) Community Technology Centers.--
(1) In general.--Federal agencies shall fund community
technology centers to assist with technical assistance issues
in the environmental justice area.
(2) Description.--In this subsection, the term ``community
technology center'' (CTC) refers to programs with the goal of
providing at least 10 hours of open access a week for anyone in
a community, especially youth and adults in low-income urban
and rural communities, for purposes of providing technical
assistance to communities experiencing issues of environmental
hazards.
(3) Location.--A community technology center may be located
in places such as libraries, community centers, schools,
churches, social service agencies, low-income residential
housing complexes, and Minority Academic Institutions (such as
Historically Black Colleges and Universities, Hispanic Serving
Institutions, and Tribal Colleges).
(4) Activities of community technology center.--A community
technology center funded under this section shall--
(A) assist community members in becoming active
participants in cleanup and environmental development
activities;
(B) provide independent and credible technical
assistance to communities affected by hazardous waste
contamination;
(C) review and interpret technical documents and
other materials;
(D) sponsor workshops, short courses, and other
learning experiences to explain basic science and
environmental policy;
(E) inform community members about existing
technical assistance materials, such as publications,
videos, and web sites;
(F) offer training to community leaders in
facilitation and conflict resolution among
stakeholders; and
(G) create technical assistance materials tailored
to the identified needs of a community. | States that Executive Order 12898 (pertaining to Federal actions to address environmental justice in minority and low-income populations) shall remain in force until changed by law. Makes the provisions of this Act applicable to such Executive Order.
Defines environmental justice. Establishes criteria for defining an environmental justice community.
Requires specified Federal agencies and offices to establish an Office of Environmental Justice (OEJ).
Requires Federal agencies to integrate the environmental justice strategy developed under the Executive Order into the operation and mission of the agency and to address compliance with this Act in specified activities.
Directs the interagency Federal Working Group on Environmental Justice to: (1) coordinate an integrated environmental justice training plan for those Federal agencies and offices required to establish OEJs; (2) formalize public participation efforts; (3) survey Federal agencies and offices with regard to outreach efforts; (4) develop a strategy for allocating responsibilities and ensuring participation; and (5) coordinate plans to communicate research results.
Requires: (1) each Federal agency and office with an OEJ to undertake outreach activities and report such activities to the Working Group; and (2) Federal agencies and the Working Group to develop ways to enhance partnerships and coordination with stakeholders.
Directs Federal agencies to fund community technology centers to provide assistance relating to environmental justice. | {"src": "billsum_train", "title": "To require Executive Order 12898 to remain in force until changed by law, to expand the definition of environmental justice, to direct each Federal agency to establish an Environmental Justice Office, and for other purposes."} | 1,447 | 268 | 0.580709 | 1.793073 | 0.913491 | 4.213439 | 5.778656 | 0.924901 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Flow of Information Act of
2005''.
SEC. 2. CONDITIONS FOR COMPELLED DISCLOSURE.
(a) Conditions for Compelled Disclosure.--No Federal entity may
compel a covered person to testify or produce any document in any
proceeding or in connection with any issue arising under Federal law
unless a court determines by clear and convincing evidence, after
providing notice and an opportunity to be heard to the covered person--
(1) that the entity has unsuccessfully attempted to obtain
such testimony or document from all persons from which such
testimony or document could reasonably be obtained other than a
covered person; and
(2) that--
(A) in a criminal investigation or prosecution,
based on information obtained from a person other than
a covered person--
(i) there are reasonable grounds to believe
that a crime has occurred; and
(ii) the testimony or document sought is
essential to the investigation, prosecution, or
defense; or
(B) in a matter other than a criminal investigation
or prosecution, based on information obtained from a
person other than a covered person, the testimony or
document sought is essential to a dispositive issue of
substantial importance to that matter.
(b) Limitations on Content of Information.--The content of any
testimony or document that is compelled under subsection (a) shall, to
the extent possible--
(1) be limited to the purpose of verifying published
information or describing any surrounding circumstances
relevant to the accuracy of such published information; and
(2) be narrowly tailored in subject matter and period of
time covered.
SEC. 3. COMMERCIAL OR FINANCIAL INFORMATION.
The provisions of section 2 do not apply to a request by a Federal
entity for any testimony or document that consists of only commercial
or financial information unrelated to newsgathering or news and
information dissemination by a covered person.
SEC. 4. COMPELLED DISCLOSURE PROHIBITED.
Notwithstanding any provision of section 2, in any proceeding or
in connection with any issue arising under Federal law, no Federal
entity may compel a covered person to disclose--
(1) the identity of a source of information--
(A) from whom the covered person obtained
information; and
(B) who the covered person believes to be a
confidential source; or
(2) any information that could reasonably be expected to
lead to the discovery of the identity of such a source.
SEC. 5. COMPELLED DISCLOSURE FROM THIRD PARTIES.
(a) Conditions for Compelled Disclosure.--The provisions of
sections 2, 3, and 4 shall apply to any testimony or document that a
Federal entity seeks from a third party if such testimony or document
consists of any record, information, or other communication that
relates to a business transaction between such third party and a
covered person. Such record, information, or other communication
includes any telephone record or other record held by a
telecommunications service provider, Internet service provider, or
operator of an interactive computer service for a business purpose.
(b) Notice and Opportunity Provided to Covered Persons.--A court
may compel the testimony or disclosure of a document under this section
only after the party seeking such a document provides the covered
person who is a party to the business transaction described in
subsection (a)--
(1) notice of the subpoena or other compulsory request for
such testimony or disclosure from the third party not later
than the time at which such subpoena or request is issued to
the third party; and
(2) an opportunity to be heard before the court before the
time at which the testimony or disclosure is compelled.
(c) Exception to Notice Requirement.--Notice under subsection
(b)(1) may be delayed only if the court determines by clear and
convincing evidence that such notice would pose a substantial threat to
the integrity of a criminal investigation.
SEC. 6. ACTIVITIES NOT CONSTITUTING A WAIVER.
The publication or dissemination of any testimony or document (or
portion of such testimony or document) sought under section 2 shall not
waive the requirements of such section. The publication or
dissemination of any testimony or document (or portion of such
testimony or document), identity, or information described in section 4
shall not waive the prohibition described in such section.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``covered person'' means--
(A) an entity that disseminates information by
print, broadcast, cable, satellite, mechanical,
photographic, electronic, or other means and that--
(i) publishes a newspaper, book, magazine,
or other periodical;
(ii) operates a radio or television
broadcast station (or network of such
stations), cable system, or satellite carrier,
or a channel or programming service for any
such station, network, system, or carrier; or
(iii) operates a news agency or wire
service;
(B) a parent, subsidiary, or affiliate of such an
entity; or
(C) an employee, contractor, or other person who
gathers, edits, photographs, records, prepares, or
disseminates news or information for such an entity.
(2) The term ``document'' means writings, recordings, and
photographs, as those terms are defined by Federal Rule of
Evidence 1001 (28 U.S.C. App.).
(3) The term ``Federal entity'' means an entity or employee
of the judicial, legislative, or executive branch of the
Federal Government with the power to issue a subpoena or
provide other compulsory process.
(4) The term ``third party'' means a person other than a
covered person. | Free Flow of Information Act of 2005 - Prohibits Federal entities from compelling covered persons (specified media outlets or their employees) to testify or produce any document unless a court determines by clear and convincing evidence that: (1) the entity has unsuccessfully attempted to obtain such testimony or document from all non-covered persons; and (2) in a criminal matter, based on information from a non-covered person, there are reasonable grounds to believe a crime has occurred and the testimony or document is essential to the investigation, prosecution, or defense; or (3) in a non-criminal matter, based on information from a non-covered person, the testimony or document is essential to a dispositive issue of substantial importance.
Requires the content of compelled testimony or documents to be: (1) limited to the purpose of verifying published information; and (2) narrowly tailored in subject matter and time period covered.
Excludes certain commercial or financial information from coverage under this Act.
Prohibits compelled disclosure, notwithstanding this Act's conditions for such disclosure, of: (1) the identity of a confidential source; or (2) information reasonably expected to lead to the discovery of such identity.
Makes this Act applicable to testimony or documents sought from third parties that are related to business transactions with covered persons. Authorizes compelled disclosure in such cases only where the covered person has received notice and an opportunity to be heard.
States that publication or dissemination of testimony or documents does not waive the requirements for compelled disclosure set forth in this Act. | {"src": "billsum_train", "title": "To maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media."} | 1,250 | 330 | 0.750327 | 2.328757 | 0.963692 | 3.311258 | 3.847682 | 0.874172 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Assistant Higher Education
Modernization Act of 2017''.
SEC. 2. INCREASING ANNUAL LOAN LIMITS FOR PHYSICIAN ASSISTANT STUDENTS
UNDER THE FEDERAL DIRECT LOAN PROGRAM.
(a) In General.--Section 455 of the Higher Education Act of 1965
(20 U.S.C. 1087e) is amended by adding at the end the following:
``(r) Increasing Annual Loan Limits for Physician Assistant
Students.--Notwithstanding section 428H(d)(2)(A), the maximum annual
amount of Federal Direct Unsubsidized Stafford Loans that a graduate
student in a physician assistant education program (as defined in
section 799B of the Public Health Service Act (42 U.S.C. 295p)) may
borrow in any academic year (as defined in section 481(a)(2)) or its
equivalent shall be--
``(1) $40,000 in the first academic year of such program;
``(2) $40,000 in the second academic year of such program;
and
``(3) $15,000 in the third academic year of such
program.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to award years beginning more 60 days after the date of
enactment of this Act.
SEC. 3. MAKING PHYSICIAN ASSISTANTS ELIGIBLE FOR INCENTIVES WHEN
SERVING AS PRIMARY CARE PROVIDERS OR FACULTY MEMBERS.
(a) In General.--Section 428K of the Higher Education Act of 1965
(20 U.S.C. 1078-11) is amended--
(1) in subsection (b), by adding at the end the following:
``(19) Physician assistants.--The individual is a physician
assistant employed full-time--
``(A) as a physician assistant in a clinical
setting providing primary care services; or
``(B) as a member of the physician assistant
faculty at a physician assistant education program (as
defined in section 799B of the Public Health Service
Act (42 U.S.C. 295p)).'';
(2) in subsection (g), by adding at the end the following:
``(11) Physician assistant.--The term `physician assistant'
means an individual who--
``(A) graduated from a physician assistant
education program (as defined in section 799B of the
Public Health Service Act (42 U.S.C. 295p));
``(B) is certified as a physician assistant by the
National Commission on the Certification of Physician
Assistants or any successor organization; and
``(C) either--
``(i) holds a valid and unrestricted
license to practice medicine as a physician
assistant in the State in which the physician
assistant practices in a clinical setting; or
``(ii) is qualified for licensure in the
State where the individual is employed as a
full-time physician assistant faculty member of
a physician assistant education program (as
defined in section 799B of the Public Health
Service Act (42 U.S.C. 295p)).''; and
(3) in subsection (h), by striking ``fiscal year 2009'' and
inserting ``fiscal year 2018''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to employment occurring on or after the date of the
enactment of this Act.
SEC. 4. GRANTS FOR PHYSICIAN ASSISTANT PROGRAMS AT HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND PREDOMINANTLY BLACK
INSTITUTIONS.
(a) Historically Black Colleges and Universities.--Section 723 of
the Higher Education Act of 1965 (20 U.S.C. 1136a) is amended--
(1) in subsection (a)(1), by inserting ``physician
assistant studies,'' after ``allied health,'';
(2) in subsection (b)(2)(A), by inserting ``physician
assistant studies,'' after ``allied health,''; and
(3) in subsection (d)--
(A) in paragraph (4), by inserting ``physician
assistant studies,'' after ``allied health,'';
(B) in paragraph (11), by striking ``and'' at the
end;
(C) by redesignating paragraph (12) as paragraph
(13); and
(D) by inserting after paragraph (11) the
following:
``(12) in the case of a grant for a physician assistant
education program (as defined in section 799B of the Public
Health Service Act (42 U.S.C. 295p))--
``(A) creating or improving facilities for Internet
or other distance education technologies, including
purchase or rental of telecommunications technology
equipment or services; and
``(B) collaborating with other institutions of
higher education to expand postbaccalaureate degree
offerings; and''.
(b) Predominantly Black Institutions.--Section 724 of the Higher
Education Act of 1965 (20 U.S.C. 1136b) is amended--
(1) in subsection (a)(1), by inserting ``physician
assistant studies,'' after ``allied health,'';
(2) in subsection (b)(2)(A), by inserting ``physician
assistant studies,'' after ``allied health,''; and
(3) in subsection (d)--
(A) in paragraph (4), by inserting ``physician
assistant studies,'' after ``allied health,'';
(B) by redesignating paragraph (12) as paragraph
(13); and
(C) by inserting after paragraph (11) the
following:
``(12) in the case of a grant for a physician assistant
education program (as defined in section 799B of the Public
Health Service Act (42 U.S.C. 295p))--
``(A) creating or improving facilities for Internet
or other distance education technologies, including
purchase or rental of telecommunications technology
equipment or services; and
``(B) collaborating with other institutions of
higher education to expand postbaccalaureate degree
offerings; and''.
(c) Extension of Authorization of Appropriations.--Subsections (a)
and (b) of section 725 of the Higher Education Act of 1965 (20 U.S.C.
1136c) are each amended by striking ``fiscal year 2009'' and inserting
``fiscal year 2018''.
SEC. 5. PHYSICIAN ASSISTANT POSTBACCALAUREATE OPPORTUNITIES FOR
HISPANIC AMERICANS.
(a) In General.--Section 514 of the Higher Education Act of 1965
(20 U.S.C. 1102c) is amended by adding at the end the following:
``(d) Priority for Physician Assistant Education Programs.--The
Secretary shall give preference to an application by an eligible
institution for a grant under this part that demonstrates that the
grant funds awarded under this part will be used to support physician
assistant education programs (as defined in section 799B of the Public
Health Service Act (42 U.S.C. 295p)).''.
(b) Extension of Authorization of Appropriations.--Section
528(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1103g(a)(2))
is amended--
(1) by striking ``$100,000,000 for fiscal year 2009 and'';
and
(2) by inserting after ``such sums as may be necessary
for'' the following: ``fiscal year 2018 and''.
SEC. 6. GRANTS TO RURAL SERVING INSTITUTIONS OF HIGHER EDUCATION FOR
PHYSICIAN ASSISTANT EDUCATION PROGRAMS.
Part Q of title VIII of the Higher Education Act of 1965 (20 U.S.C.
1161q) is amended--
(1) in section 861(b), by striking ``For the purposes of
this section'' and inserting ``For the purposes of this part'';
and
(2) by inserting after section 861 the following:
``SEC. 862. GRANTS TO SUPPORT THE DEVELOPMENT AND EXPANSION OF
PHYSICIAN ASSISTANT EDUCATION PROGRAMS AT RURAL-SERVING
INSTITUTIONS OF HIGHER EDUCATION.
``(a) Grants.--
``(1) In general.--The Secretary is authorized to award
grants on a competitive basis to a rural-serving institution of
higher education or a consortium of such institutions--
``(A) to increase, for students from rural areas,
enrollment and graduation rates for postbaccalaureate
physician assistant education programs; and
``(B) to train physician assistants in rural areas
through the development of new physician assistant
education programs and the expansion of existing
physician assistant education programs in rural areas.
``(2) Duration.--A grant awarded under this section shall
be awarded for a period of not longer than 3 years.
``(3) Limitations.--A rural-serving institution of higher
education or a consortium of such institutions shall not
receive more than one grant under this section.
``(b) Applications.--
``(1) In general.--Each rural-serving institution of higher
education or consortium of such institutions 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) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications that demonstrate
the most potential and propose the most promising and
innovative approaches for--
``(A) creating new physician assistant education
programs in rural areas;
``(B) increasing the number of physician assistants
that practice medicine in rural areas;
``(C) meeting the employment needs of regional
employers of physician assistants with graduates of
physician assistant education programs at rural-serving
institutions of higher education; and
``(D) improving the health of Americans residing in
rural areas.
``(c) Use of Funds.--A rural-serving institution of higher
education or consortium of such institutions that receives a grant
under this section shall use grant funds for the establishment and
expansion of physician assistant education programs in rural areas.
``(d) Physician Assistant Education Program.--In this section, the
term `physician assistant education program' has the meaning given to
such term in section 799B of the Public Health Service Act (42 U.S.C.
295p).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2018 and each of the five succeeding fiscal years.''.
SEC. 7. IMPROVING PHYSICIAN ASSISTANT EDUCATION PROGRAMS.
Title VIII of the Higher Education Act of 1965 is amended by
inserting after section 898 (20 U.S.C. 1161aa-1) the following:
``PART BB--PHYSICIAN ASSISTANT EDUCATION ENHANCEMENT
``SEC. 899. DEMONSTRATION PROGRAM TO SUPPORT PHYSICIAN ASSISTANT
FACULTY PREPARATION.
``(a) Grants.--
``(1) In general.--The Secretary shall provide grants to
not more than 10 institutions of higher education to develop,
expand, and support graduate-level programs to prepare
certified physician assistants to become physician assistant
faculty members in accredited graduate-level physician
assistant education programs through collaboration between such
a program and an institution of higher education that awards a
graduate degree in education.
``(2) Cap.--No institution of higher education may receive
more than an aggregate of $600,000 under this section during
fiscal years 2018, 2019, and 2020.
``(b) Application.--
``(1) In general.--An institution of higher education
desiring a grant under this section shall submit to the
Secretary, at such time and in such manner as the Secretary may
require, an application including--
``(A) a description of the intended collaboration
to develop, expand, and support graduate-level programs
to prepare certified physician assistants to become
physician assistant faculty members in accredited
graduate-level physician assistant education programs;
and
``(B) an estimate of the number of students who
will be affected by such collaboration.
``(2) Priority.--The Secretary shall give priority to
applications that demonstrate the potential to maximize quality
instruction through the use of technology.
``(c) Report.--Not later than 18 months after the date of the first
grant under this section, the Secretary shall submit to Congress a
report that--
``(1) describes the steps taken to implement this section;
and
``(2) lists all recipients of grants under this section as
of the date of such submission.
``(d) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101.
``(2) Physician assistant education program.--The term
`physician assistant education program' has the meaning given
such term in section 799B of the Public Health Service Act (42
U.S.C. 295p).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2018 through 2020.
``SEC. 899A. GRANTS FOR INFRASTRUCTURE AND TECHNOLOGY IMPROVEMENTS IN
PHYSICIAN ASSISTANT EDUCATION PROGRAMS.
``(a) Grants.--
``(1) In general.--The Secretary is authorized to award
grants, on a competitive basis, to not more than 20 physician
assistant education programs to enhance physician assistant
education programs and improve patient safety by supporting the
purchase of new infrastructure and technology.
``(2) Duration.--A grant awarded under this section shall
be awarded for a period of not longer than five years.
``(b) Application.--
``(1) In general.--A physician assistant education program
may apply for a grant under this section by submitting an
application to the Secretary at such time and in such manner as
the Secretary may require that demonstrates how the grant funds
will be used to improve physician assistant education programs
and patient safety with respect to such programs.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications that demonstrate
the potential to--
``(A) increase the number of physician assistant
graduates; and
``(B) maximize accessibility to new and emerging
technologies, including human patient simulators for
physician assistant education programs, through
partnerships between the grant recipient and other
institutions of higher education.
``(c) Use of Funds.--A physician assistant education program that
receives a grant awarded under this section may use the grant for one
or more of the following purposes:
``(1) Purchase, rental, or lease of scientific, medical or
laboratory equipment, including human patient simulators and
other new and emerging technologies, for education purposes,
including instructional and research purposes.
``(2) Construction, maintenance and renovation, and
improvement of classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Supporting faculty training in the use of new and
emerging technologies, including human patient simulators.
``(4) Other activities proposed in the application
submitted pursuant to subsection (b) that--
``(A) contribute to carrying out the purposes of
this section; and
``(B) are approved by the Secretary as part of the
review and acceptance of such application.
``(d) Definitions.--In this section:
``(1) Physician assistant education program.--The term
`physician assistant education program' has the meaning given
such term in section 799B of the Public Health Service Act (42
U.S.C. 295p).
``(2) Human patient simulator.--The term `human patient
simulator' means a computerized device that is anatomically
precise and responds physiologically to interventions.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2018 and each of the five succeeding fiscal years.''. | Physician Assistant Higher Education Modernization Act of 2017 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to assist qualified individuals in receiving the education and training needed to become a physician assistant. Graduate students enrolled in physician assistant education programs are eligible for: (1) increased Unsubsidized Stafford Loan limits, and (2) loan forgiveness programs for those who serve in areas of national need upon graduation. The Department of Education (ED) must: provide Historically Black Colleges and Universities and Predominantly Black Institutions with grants to fund physician assistant studies at the masters level, prioritize the awarding of grants for physician assistant education programs at the postbaccalaureate level that will benefit Hispanics and low-income students, and provide grants to prepare certified physician assistants to become faculty members in accredited graduate-level physician assistant education programs. In addition, ED is authorized to award grants to rural-serving institutions of higher education for: (1) increasing enrollment and graduation rates of students from rural areas in postbaccalaureate physician assistant education programs, and (2) training physician assistants in rural areas through the creation and expansion of physician assistant education programs in rural areas. ED may also award grants to physician assistant education programs for enhancing the programs and improving patient safety by supporting the purchase of new infrastructure and technology. | {"src": "billsum_train", "title": "Physician Assistant Higher Education Modernization Act of 2017"} | 3,710 | 278 | 0.553097 | 1.518111 | 0.748162 | 2.944444 | 12.56746 | 0.865079 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fallen Heroes of 9/11 Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds that--
(1) the tragic deaths at the World Trade Center, at the
Pentagon, and in rural Pennsylvania on September 11, 2001, have
forever changed our Nation;
(2) the officers, emergency workers, and other employees of
State and local government agencies, including the Port
Authority of New York and New Jersey, and of the United States
Government and others, who responded to the attacks on the
World Trade Center in New York City and perished as a result of
the tragic events of September 11, 2001 (including those who
are missing and presumed dead), took heroic and noble action on
that day;
(3) the officers, emergency rescue workers, and employees
of local and United States Government agencies, who responded
to the attack on the Pentagon in Washington, DC, took heroic
and noble action to evacuate the premises and prevent further
casualties of Pentagon employees;
(4) the passengers and crew of United Airlines Flight 93,
recognizing the potential danger that the aircraft that they
were aboard posed to large numbers of innocent Americans,
American institutions, and the symbols of American democracy,
took heroic and noble action to ensure that the aircraft could
not be used as a weapon; and
(5) given the unprecedented nature of the attacks against
the United States of America and the need to properly
demonstrate the support of the country for those who lost their
lives to terrorism, it is fitting that their sacrifice be
recognized with the award of an appropriate medal.
SEC. 3. FALLEN HEROES OF 9/11 CONGRESSIONAL MEDALS.
(a) Presentation Authorized.--The President is authorized, on
behalf of Congress, to award a medal of appropriate design, such medal
to be known as the ``Fallen Heroes of 9/11 Congressional Medal'', to--
(1) the personal representative or next of kin of each
individual referred to in subsection (c), in recognition of the
sacrifice made by each such individual, and to honor their
deaths on and following September 11, 2001;
(2) the Flight 93 National Memorial Project in
Pennsylvania;
(3) the National September 11 Memorial and Museum in New
York; and
(4) the Pentagon Memorial Project at the Pentagon.
(b) Design and Striking.--
(1) In general.--For purposes of the presentations referred
to in subsection (a), the Secretary of the Treasury (in this
Act referred to as the ``Secretary'') shall strike 3 designs of
medals, with such suitable emblems, devices, and inscriptions
as the Secretary determines to be appropriate to be
representative of and in honor of, respectively--
(A) those who lost their lives in the attack at the
World Trade Center, including civilians, public safety
officers, emergency workers, and the passengers and
crew of Flight 11 and United Airlines Flight 175;
(B) the passengers and crew aboard United Airlines
Flight 93 that was brought down in rural Pennsylvania
near Shanksville, Somerset County; and
(C) those who lost their lives at the Pentagon,
including the passengers and crew of American Airlines
Flight 77.
(2) Consultation.--Before making a final determination with
respect to the design of the medal under this subsection, the
Secretary shall consult with the Secretary of Defense and such
other parties as the Secretary may determine to be appropriate.
(3) Content of medals.--The medals struck for purposes of
subsection (a)(1) shall be silver medals, and the medals struck
for purposes of paragraphs (2) through (4) of subsection (a)
shall be gold medals.
(c) Eligibility To Receive Medal.--
(1) In general.--Any individual who died on or after
September 11, 2001, as a direct result of the acts of terrorism
within the United States on that date, shall be eligible for a
medal authorized by subsection (a).
(2) Determination.--Eligibility under paragraph (1) shall
be determined by the Secretary, in consultation with such other
officers of the United States Government and State and local
officials as the Secretary determines to be appropriate.
SEC. 4. DUPLICATE MEDALS.
(a) Recipients of Duplicate Medals.--The Secretary shall strike
duplicates in bronze of the medals struck pursuant to section 3 for
presentation to each precinct house, firehouse, emergency response
station, or other duty station or place of employment to which each
person referred to in subsection (b) was assigned on September 11,
2001, for permanent display in each such place in a manner befitting
the memory of such person.
(b) Public Safety, Emergency, and Other Workers.--Persons referred
to in this subsection are officers, emergency workers, and other
employees of State and local government agencies, including the Port
Authority of New York and New Jersey, and of the United States
Government and others, who responded to the attacks on the World Trade
Center in New York City on September 11, 2001, and perished as a direct
result of that act of terrorism (including those who are missing and
presumed dead).
SEC. 5. ESTABLISHMENT OF LISTS OF RECIPIENTS.
(a) Initial Lists.--
(1) In general.--Before the end of the 120-day period
beginning on the date of enactment of this Act, the Secretary
shall establish, in the sole discretion of the Secretary, in
accordance with this Act--
(A) a list of the names of individuals eligible to
receive a medal under section 3(c)(1) (and their
personal representative or next of kin), during the
period beginning on September 11, 2001, and ending on
the date of enactment of this Act; and
(B) a list of the eligible recipients of a
duplicate medal under section 4.
(2) Consultation.--In making determinations under this
section, the Secretary shall consult the lists of victims
maintained by the Office of the Medical Examiner of New York
City, the Office of the County Coroner of Somerset County,
Pennsylvania, the Armed Forces Medical Examiners System, and
such other organizations as the Secretary may determine to be
appropriate.
(3) Determinations final.--The lists established under this
section, and the inclusion on or exclusion from such lists of
any person, is not subject to judicial review.
(b) Subsequent Eligibility.--If any individual becomes eligible for
a medal under section 3(c)(1), or any other recipient becomes eligible
for a duplicate medal under section 4, the Secretary shall promptly add
the name of that individual or recipient to the appropriate list
established pursuant to subsection (a).
SEC. 6. SALES OF DUPLICATE MEDALS TO THE PUBLIC TO DEFRAY COSTS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the medals struck
under this Act, at a price sufficient to cover the costs thereof,
including labor, materials, dies, use of machinery, and overhead
expenses.
SEC. 7. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code. | Fallen Heroes of 9/11 Act - Authorizes the President to award a Fallen Heroes of 9/11 Congressional Medal to: (1) the personal representative or next of kin of each individual who died as a direct result of the terrorist attacks of September 11, 2001; (2) the Flight 93 National Memorial Project in Pennsylvania; (3) the National September 11 Memorial and Museum in New York; and (4) the Pentagon Memorial Project.
Instructs the Secretary of the Treasury to strike three designs of such medal to honor, respectively: (1) those who lost their lives in the the attack at the World Trade Center; (2) the passengers and crew aboard United Airlines Flight 93 that was brought down in rural Pennsylvania; and (3) those who lost their lives at the Pentagon.
Directs the Secretary to strike bronze duplicates of such medal for presentation to each precinct house, firehouse, emergency response station, or other duty station or place of employment to which each early responder who perished as a direct result of such attacks was assigned on September 11, 2001. | {"src": "billsum_train", "title": "A bill to provide for a medal of appropriate design to be awarded by the President to the next of kin or other representative of those individuals killed as a result of the terrorist attacks of September 11, 2001, and to the memorials established at the 3 sites that were attacked on that day."} | 1,542 | 215 | 0.703349 | 2.059325 | 0.94032 | 6.163462 | 7.072115 | 0.951923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Employment for All Act''.
SEC. 2. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES.
(a) Prohibition for Employment and Adverse Action.--Section 604 of
the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended--
(1) in subsection (a)(3)(B), by inserting ``within the
restrictions set forth in subsection (b)'' after ``purposes'';
(2) by redesignating subsections (b) through (g) as
subsections (c) through (h), respectively; and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Use of Certain Consumer Report Prohibited for Employment
Purposes or Adverse Action.--
``(1) General prohibition.--Except as provided in paragraph
(3), a person, including a prospective employer or current
employer, may not use a consumer report or investigative
consumer report, or cause a consumer report or investigative
consumer report to be procured, with respect to any consumer
where any information contained in the report bears on the
consumer's creditworthiness, credit standing, or credit
capacity--
``(A) for employment purposes; or
``(B) for making an adverse action, as described in
section 603(k)(1)(B)(ii).
``(2) Source of consumer report irrelevant.--The
prohibition described in paragraph (1) shall apply even if the
consumer consents or otherwise authorizes the procurement or
use of a consumer report for employment purposes or in
connection with an adverse action with respect to such
consumer.
``(3) Exceptions.--Notwithstanding the prohibitions set
forth in this subsection, and consistent with the other
sections of this Act, an employer may use a consumer report
with respect to a consumer in the following situations:
``(A) When the consumer applies for, or currently
holds, employment that requires national security or
FDIC clearance.
``(B) When the consumer applies for, or currently
holds, employment with a State or local government
agency which otherwise requires use of a consumer
report.
``(C) When the consumer applies for, or currently
holds, a supervisory, managerial, professional, or
executive position at a financial institution.
``(D) When otherwise required by law.
``(4) Effect on disclosure and notification requirements.--
The exceptions described in paragraph (3) shall have no effect
upon the other requirements of this Act, including requirements
in regards to disclosure and notification to a consumer when
permissibly using a consumer report for employment purposes or
for making an adverse action against such consumer.''.
(b) Conforming Amendments and Cross References.--Such Act is
further amended as follows:
(1) In section 603 (15 U.S.C. 1681a)--
(A) in subsection (d)(3), by striking ``604(g)(3)''
and inserting ``604(h)(3)''; and
(B) in subsection (o), by striking ``A'' and
inserting ``Subject to the restrictions set forth in
section 604(b), a''.
(2) In section 604 (15 U.S.C. 1681b)--
(A) in subsection (a), by striking ``subsection
(c)'' and inserting ``subsection (d)'';
(B) in subsection (c), as redesignated by
subsection (a)(2) of this section--
(i) in paragraph (2)(A), by inserting ``and
subject to the restrictions set forth in
subsection (b)'' after ``subparagraph (B)'';
and
(ii) in paragraph (3)(A), by inserting
``and subject to the restrictions set forth in
subsection (b)'' after ``subparagraph (B)'';
(C) in subsection (d)(1), as redesignated by
subsection (a)(2) of this section, by striking
``subsection (e)'' in both places it appears and
inserting ``subsection (f)'';
(D) in subsection (f), as redesignated by
subsection (a)(2) of this section--
(i) in paragraph (1), by striking
``subsection (c)(1)(B)'' and inserting
``subsection (d)(1)(B)''; and
(ii) in paragraph (5), by striking
``subsection (c)(1)(B)'' and inserting
``subsection (d)(1)(B)''.
(3) In section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by
striking ``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)''.
(4) In section 609 (15 U.S.C. 1681g)--
(A) in subsection (a)(3)(C)(i), by striking
``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)'';
and
(B) in subsection (a)(3)(C)(ii), by striking
``604(b)(4)(A)'' and inserting ``604(c)(4)(A)''.
(5) In section 613(a) (15 U.S.C. 1681k(a)) by striking
``section 604(b)(4)(A)'' and inserting ``section
604(c)(4)(A)''.
(6) In section 615 (15 U.S.C. 1681m)--
(A) in subsection (d)(1), by striking ``section
604(c)(1)(B)'' and inserting ``section 604(d)(1)(B)'';
(B) in subsection (d)(1)(E), by striking ``section
604(e)'' and inserting ``section 604(f)''; and
(C) in subsection (d)(2)(A), by striking ``section
604(e)'' and inserting ``section 604(f)''. | Equal Employment for All Act - Amends the Fair Credit Reporting Act to prohibit a current or prospective employer from using a consumer report or an investigative consumer report, or from causing one to be procured, for either employment purposes or for making an adverse action, if the report contains information that bears upon the consumer's creditworthiness, credit standing, or credit capacity.
Makes exceptions to such prohibition for employment: (1) which requires a national security or Federal Deposit Insurance Corporation (FDIC) clearance; (2) with a state or local government agency which otherwise requires use of a consumer report; or (3) in a supervisory, managerial, professional, or executive position at a financial institution. | {"src": "billsum_train", "title": "To amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions."} | 1,419 | 153 | 0.700498 | 2.12864 | 0.755768 | 3.97037 | 8.437037 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Veterans Certification and
Licensure Act of 2006''.
SEC. 2. VETERANS ADVISORY COMMITTEE ON CERTIFICATION, CREDENTIALING,
AND LICENSURE.
(a) Establishment.--There is established within the Department of
Labor a committee to be known as the Veterans Advisory Committee on
Certification, Credentialing, and Licensure (hereinafter in this
section referred to as the ``Committee'').
(b) Duties.--The Committee shall establish and carry out a national
program to do the following:
(1) To facilitate the seamless transition of members of the
Armed Forces from serving on active duty to employment in the
private sector through credentialing.
(2) To collect and disseminate data on certification,
licensing, and credentialing programs of the Department of
Defense, the Department of Labor, the Department of Veterans
Affairs, and of States.
(3) To advise the Secretary of Labor on all matters
relating to certification, licensing, and credentialing issues
related to converting the skills acquired by veterans while
serving in the Armed Forces to skills relevant to civilian
occupations.
(c) Membership.--
(1) The Committee shall be composed of nine members, as
follows:
(A) The Secretary of Defense.
(B) The Secretary of Veterans Affairs.
(C) The Assistant Secretary of Labor for Veterans'
Employment and Training.
(D) Six members appointed by the Secretary of Labor
of whom one shall be appointed from among
representatives nominated by each of the following
organizations:
(i) Veterans' service organizations that
have a national employment program.
(ii) The Coalition for Professional
Certification.
(iii) A nationally-recognized organization
in the area of human resources management.
(iv) Nationally-recognized labor unions and
organizations.
(v) A nationally-recognized organization
that advocates on behalf of United States
businesses and industry.
(vi) The American National Standards
Institute.
(2) A vacancy on the Committee shall be filled in the same
manner in which the original appointment was made.
(d) Administrative Matters.--
(1) Meetings.--The Committee shall meet not less frequently
than once each fiscal year quarter.
(2) Chair.--The Secretary of Labor shall appoint the chair
of the Committee.
(3) Compensation.--
(A) No compensation.--Members of the Committee
shall serve without additional compensation by reason
of their service on the Committee.
(B) Travel expenses.--Members of the Committee
shall be allowed reasonable and necessary travel
expenses, including per diem in lieu of subsistence, at
rates authorized for persons serving intermittently in
the Government service in accordance with the
provisions of subchapter I of chapter 57 of title 5
while away from their homes or regular places of
business in the performance of the responsibilities of
the Committee.
(4) Staff.--The Secretary of Labor shall provide staff and
administrative support to the Committee to assist it in
carrying out its duties under this section. The Secretary shall
assure positions on the staff of the Committee include
positions that are filled by individuals that are not now, or
have ever been, employed as one of the following:
(A) Staff of the Assistant Secretary of Labor for
Veterans' Employment and Training under section 4102A
of title 38, United States Code, as in effect on the
date of the enactment of this Act.
(B) Directors for Veterans' Employment and Training
under section 4103 of such title as in effect on such
date.
(C) Assistant Director for Veterans' Employment and
Training under such section as in effect on such date.
(5) Detail of personnel.--Upon request of the Committee,
the head of any Federal department or agency may detail, on a
nonreimbursable basis, any of the personnel of that department
or agency to the Committee to assist it in carrying out its
duties.
(6) Contract with private sector entity.--The Committee may
enter into a contract with a private sector entity that has a
demonstrated level of achievement with respect to issues
pertaining to certification, if the Committee determines that
entering into such a contract is necessary to carry out the
duties of the Committee under subsection (b).
(e) Reports.--
(1) Quarterly reports to congress.--Not later than 30 days
after the last day of a fiscal year quarter, the Secretary of
Labor shall submit to Congress a report on the activities of
the Committee under this section during that quarter.
(2) Committee report.--Not later than one year after the
date of the enactment of this Act, the Committee shall submit
to the Secretary of Labor a report containing the following:
(A) A description of any area of employment in
which a credentialing or certification system for
veterans exists, an evaluation of the effectiveness of
each such system, and information on the number of
eligible individuals who took advantage of each such
system.
(B) An identification of any area of employment in
which a credentialing or certification system for
veterans could be established or improved during the
18-month period beginning on the date on which the
report under this paragraph is submitted.
(C) A description of the areas of employment the
Committee determines are the most difficult such areas
for which to establish a credentialing or certification
system for veterans and the recommendations of the
Committee with respect to methods of establishing such
a system for each such area.
(f) Termination.--The Committee shall terminate on the date that is
60 days after the date on which it submits the report for the last
fiscal quarter of fiscal year 2011.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Labor from the employment security
administration account (established in section 901 of the Social
Security Act (42 U.S.C. 1101)) in the Unemployment Trust Fund
$1,000,000 for each of fiscal years 2007 through 2011 to carry out this
section. | Veterans Certification and Licensure Act of 2006 - Establishes within the Department of Labor the Veterans Advisory Committee on Certification, Credentialing, and Licensure to carry out a national program to: (1) facilitate the transition of members of the Armed Forces from active-duty service to employment in the private sector through credentialing; (2) collect and disseminate data on certification, licensing, and credentialing programs of the states and of the Departments of Defense, Labor, and Veterans Affairs; and (3) advise the Secretary of Labor on certification, licensing, and credentialing issues related to converting the skills acquired by veterans while serving in the Armed Forces to skills relevant to civilian occupations. | {"src": "billsum_train", "title": "To establish the Veterans Advisory Committee on Certification, Credentialing, and Licensure."} | 1,290 | 153 | 0.737128 | 2.099835 | 0.779359 | 4.78125 | 9.507813 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Transmission Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Transmission networks are the backbone of competitive
power markets and increased interstate commerce in electricity.
(2) To support competitive power markets and to bring the
benefits of less regulation of such markets to transmission
customers, consumers, businesses, and the public, both today
and in the future, transmission networks must be expanded,
enhanced, and improved.
(3) The expansion, enhancement, and improvement of
transmission facilities also are necessary to maintain and
improve reliability of electric service.
(4) The regulation of transmission service must be
reformed.
SEC. 3. CLARIFICATION OF JURISDICTION.
(a) Declaration of Policy.--Section 201(a) of the Federal Power Act
(16 U.S.C. 824(a)) is amended by inserting after ``transmission of
electric energy in interstate commerce'' the following: ``, including
the unbundled transmission of electric energy sold at retail,''.
(b) Application of Part.--Section 201(b)(1) of the Federal Power
Act (16 U.S.C. 824(b)(1)) is amended by--
(1) inserting after ``the transmission of electric energy
in interstate commerce'' the following: ``, including the
unbundled transmission of electric energy sold at retail,'';
and
(2) adding at the end of subsection (b) the following new
paragraph:
``(3) After consulting with the appropriate State
regulatory authorities, the Commission shall determine by rule
or order which facilities used for the transmission and
delivery of electric energy are used for transmission in
interstate commerce subject to the jurisdiction of the
Commission under this part, and which are used for local
distribution subject to State jurisdiction.''.
(c) Definition of Interstate Commerce.--Section 201(c) of the
Federal Power Act (16 U.S.C. 824(c)) is amended after ``outside
thereof' by inserting ``(including consumption in a foreign country)''.
(d) Definitions of Types of Sales.--Section 201(d) of the Federal
Power Act (16 U.S.C. 824(d)) is amended by--
(1) inserting ``(1)'' after the subsection designation; and
(2) adding at the end the following:
``(2) The term `bundled retail sale of electric energy' means the
sale of electric energy to an ultimate consumer in which the generation
and transmission service are not sold separately.
``(3) The term `unbundled local distribution service' means the
delivery of electric energy to an ultimate consumer if--
``(A) the electric energy and the service of delivering it
are sold separately; and
``(B) the delivery uses facilities for local distribution
as determined by the Commission under subsection (b)(3).
``(4) The term `unbundled transmission of electric energy sold at
retail' means the transmission of electric energy to an ultimate
consumer if--
``(A) the electric energy and the service of transmitting
it are sold separately, and
``(B) the transmission uses facilities for transmission in
interstate commerce as determined by the Commission under
subsection (b)(3).''.
(e) Definition of Public Utility.--Section 201(e) of the Federal
Power Act (16 U.S.C. 824(e)) is amended to read as follows:
``(e) The term `public utility', when used in this part or in the
part next following means--
``(1) any person who owns or operates facilities subject to
the jurisdiction of the Commission under this part (other than
facilities subject to such jurisdiction solely by reason of
section 210, 211, or 212); and
``(2) any transmitting utility that is not a public utility
under paragraph (1), but only with respect to determining,
fixing, and otherwise regulating the rates, terms, and
conditions for the transmission of electric energy under this
part.''.
(f) Application of Part to Government Utilities.--Section 201(f) of
the Federal Power Act (16 U.S.C. 824(f)) is amended by striking ``No
provision'' and inserting in lieu thereof ``Except as provided in
subsection (e)(2) and section 3(23), no provision''.
SEC. 4. DISPOSITION OF PROPERTY.
Section 203 of the Federal Power Act (16 U.S.C. 824b) is repealed.
SEC. 5. ECONOMICALLY EFFICIENT TRANSMISSION SERVICE AND EXPANSION OF
TRANSMISSION NETWORKS.
Part II of the Federal Power Act is amended by adding at the end
thereof the following new section:
``SEC. 215. STANDARDS FOR ESTABLISHING RATES, CHARGES, TERMS, AND
CONDITIONS FOR TRANSMISSION SERVICE.
``(a) Recovery of Costs.--In reviewing rates, charges, terms, and
conditions for transmission services under this Act, the Commission
shall permit a transmitting utility to recover all of the costs
incurred by the utility in connection with the transmission services
and necessary associated services, including, but not limited to, the
costs of any enlargement of transmission facilities.
``(b) Consideration of Cost and Benefit.--In reviewing the rates,
charges, terms, and conditions of transmission services that are
provided by a regional transmission organization and that make use of
facilities constructed after the date of enactment of this section, the
Commission shall take into account the incremental cost and the benefit
to interconnected transmission systems of such facilities.
``(c) Certain Requirements.--Rates, charges, terms and conditions
established pursuant to subsections (a) and (b) shall--
``(1) promote the economically efficient transmission of
electricity, the expansion of transmission networks, the
introduction of new transmission technologies, and the
provision of transmission services by regional transmission
organizations;
``(2) prevent the shifting of costs to the rates for
services outside the jurisdiction of the Commission; and
``(3) be just and reasonable and not unduly discriminatory
or preferential.
``(d) Voluntary Innovative Pricing Policies.--Notwithstanding
subsection (a) of this section, the Commission shall encourage
innovative pricing policies voluntarily filed by transmitting
utilities. Innovative pricing policies include policies that--
``(1) provide incentives to transmitting utilities to
promote the voluntary participation in and formation of
regional transmission organizations, without having the effect
of forcing transmitting utilities to join regional transmission
organizations and extend such incentives to transmitting
utilities that already have formed a regional transmission
organization;
``(2) limit the charging of multiple rates for transmission
service over the transmission facilities operated by the
regional transmission organization, provided, however, that a
reasonable transition mechanism or period may be used before
eliminating such rates;
``(3) minimize the shifting of costs among existing
customers of the transmitting utilities within the regional
transmission organization;
``(4) encourage the efficient and reliable operation of the
transmission grid and supply of transmission services through
congestion management, performance-based or incentive
ratemaking, and other measures; and
``(5) encourage efficient and adequate investment in and
expansion of the transmission facilities owned or controlled by
the regional transmission organization.
``(e) Negotiated Rates.--Notwithstanding subsection (a) of this
section, the Commission may permit the charging of negotiated rates for
transmission services without regard to costs whenever an individual
company or companies are willing to pay such negotiated rates,
provided, however, that such costs shall not be recovered from other
transmission customers.
``(f) Effective Competition.--Notwithstanding subsection (a) of
this section, in reviewing rates, charges, terms, and conditions for
transmission rates under this Act, the Commission may permit the
recovery of market-based rates for transmission services where it finds
that relevant geographic and product markets for transmission services
or for delivered wholesale power are subject to effective competition.
``(g) Rulemaking.--Within 180 days after enactment of this section,
the Commission shall establish by rule definitions and standards that
it shall determine are necessary to give effect to subsections (d) and
(e) of this section. Within 2 years of enactment of this section, the
Commission shall establish by rule definitions and standards that it
shall determine are required to give effect to subsection (f) of this
section.''.
SEC. 6. ELECTRIC RELIABILITY STANDARDS.
Part II of the Federal Power Act is amended by adding at the end
thereof the following new section:
``SEC. 216. ELECTRIC RELIABILITY STANDARDS.
``(a) Policies and Standards.--A transmitting utility may require
its transmission customers and any other transmitting utility with
which it is either directly or indirectly interconnected to observe, as
a condition of receiving transmission service, policies, or standards
duly adopted by an electric reliability organization approved by the
Commission. A transmitting utility may require its transmission
customers and any other transmitting utility to which it is either
directly or indirectly interconnected to observe, as a condition of
receiving transmission service, policies, or standards duly adopted by
a regional affiliate of such electric reliability organization.
``(b) Commission Authority.--Whenever the Commission, after a
hearing had upon its own motion or upon complaint, shall find that any
policy or standard adopted by an electric reliability organization
approved by the Commission, or by any affiliate of such electric
reliability organization, or the application of such policy or standard
by a transmitting utility, is unjust, unreasonable, unduly
discriminatory or preferential, the Commission may disapprove, and
prohibit the application of, such policy or standard, and shall remand
the matter to the electric reliability organization for further
consideration.''.
SEC. 7. PROMOTION OF VOLUNTARY DEVELOPMENT OF REGIONAL TRANSMISSION
ORGANIZATIONS.
Part II of the Federal Power Act is amended by inserting at the end
thereof the following new section:
``SEC. 217. PROMOTION OF VOLUNTARY DEVELOPMENT OF REGIONAL TRANSMISSION
ORGANIZATIONS.
``(a) In General.--The Commission may approve and may encourage the
formation of regional transmission organizations for the purpose of
enhancing the transmission of electric energy in interstate commerce.
Among options for the formation of regional transmission organizations,
the Commission shall prefer those in which--
``(1) participation in the regional transmission
organization by transmitting utilities is voluntary;
``(2) the form, structure, and operating entity of the
regional transmission organization are approved of by
participating transmitting utilities; and
``(3) market incentives exist to promote investment for
expansion of transmission facilities and for the introduction
of new transmission technologies within the territory of the
regional transmission organization.
``(b) Conditions.--No order issued under this Act shall be
conditioned upon or require a transmitting utility to transfer
operational control of jurisdictional facilities to an independent
system operator or other regional transmission organization.
``(c) Complaint.--In addition to any other rights or remedies it
may have under this Act, any entity serving electric load that is
denied services by a regional transmission organization that the
regional transmission organization makes available to other load
serving entities shall be entitled to file a complaint with the
Commission concerning the denial of such services. If the Commission
shall find, after an evidentiary hearing on the record, that the denial
of services complained of was unjust, unreasonable, unduly
discriminatory or preferential, or contrary to the public interest, the
Commission may order the provision of such services at rates and on
terms and conditions that shall be in accordance with section 215 of
this Act.''. | (Sec. 3) Directs the Federal Energy Regulatory Commission (FERC) to determine by rule or order which facilities used for the transmission and delivery of electric energy are used in interstate commerce (subject to its jurisdiction), and which are used for local distribution (subject to State jurisdiction).
Redefines "interstate commerce" to include, for FPA purposes, consumption of electricity in a foreign country.
(Sec. 4) Repeals the statutory constraints placed upon the disposition of property by a public utility subject to FERC jurisdiction.
(Sec. 5) Requires FERC to permit a transmitting utility to recover all its costs incurred in connection with the transmission services and necessary associated services, including the costs of any enlargement of transmission facilities. Prescribes guidelines for FERC review of rates, charges, terms, and conditions for transmission service, including: (1) voluntary innovative pricing policies; (2) negotiated rates; and (3) recovery of market-based rates for transmission services.
(Sec. 6) Authorizes a transmitting utility to require both its transmission customers and any transmitting utility with which it is interconnected to observe policies or standards adopted by a FERC- approved electric reliability organization as a prerequisite to receiving transmission service.
(Sec. 7) Authorizes FERC encouragement of the formation of regional transmission organizations to enhance transmission of electric energy in interstate commerce. | {"src": "billsum_train", "title": "Interstate Transmission Act"} | 2,544 | 310 | 0.533944 | 1.508166 | 0.752861 | 3.574144 | 8.954373 | 0.904943 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop the Student Loan Interest Rate
Hike Act of 2012''.
SEC. 2. INTEREST RATE EXTENSION.
Section 455(b)(7)(D) of the Higher Education Act of 1965 (20 U.S.C.
1087e(b)(7)(D)) is amended--
(1) in the matter preceding clause (i), by striking ``and
before July 1, 2012,'' and inserting ``and before July 1,
2013,''; and
(2) in clause (v), by striking ``and before July 1, 2012,''
and inserting ``and before July 1, 2013,''.
SEC. 3. EMPLOYMENT TAX TREATMENT OF PROFESSIONAL SERVICE BUSINESSES.
(a) In General.--Section 1402 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(m) Special Rules for Professional Service Businesses.--
``(1) Shareholders providing services to specified s
corporations.--
``(A) In general.--In the case of an applicable
shareholder who provides substantial services with
respect to a professional service business referred to
in subparagraph (C) of a specified S corporation--
``(i) such shareholder shall be treated as
engaged in the trade or business of such
professional service business with respect to
items of income or loss described in section
1366 which are attributable to such business,
and
``(ii) such shareholder's net earnings from
self-employment shall include such
shareholder's pro rata share of such items of
income or loss, except that in computing such
pro rata share of such items the exceptions
provided in subsection (a) shall apply.
``(B) Treatment of family members.--Except as
otherwise provided by the Secretary, the applicable
shareholder's pro rata share of items referred to in
subparagraph (A) shall be increased by the pro rata
share of such items of each member of such applicable
shareholder's family (within the meaning of section
318(a)(1)) who does not provide substantial services
with respect to such professional service business.
``(C) Specified s corporation.--For purposes of
this subsection, the term `specified S corporation'
means--
``(i) any S corporation which is a partner
in a partnership which is engaged in a
professional service business if substantially
all of the activities of such S corporation are
performed in connection with such partnership,
and
``(ii) any other S corporation which is
engaged in a professional service business if
75 percent or more of the gross income of such
business is attributable to service of 3 or
fewer shareholders of such corporation.
``(D) Applicable shareholder.--For purposes of this
paragraph, the term `applicable shareholder' means any
shareholder whose modified adjusted gross income for
the taxable year exceeds--
``(i) in the case of a shareholder making a
joint return under section 6013 or a surviving
spouse (as defined in section 2(a)), $250,000,
``(ii) in the case of a married shareholder
(as defined in section 7703) filing a separate
return, half of the dollar amount determined
under clause (i), and
``(iii) in any other case, $200,000.
``(2) Partners.--
``(A) In general.--In the case of any partnership
which is engaged in a professional service business,
subsection (a)(13) shall not apply to any applicable
partner who provides substantial services with respect
to such professional service business.
``(B) Applicable partner.--For purposes of this
paragraph, the term `applicable partner' means any
partner whose modified adjusted gross income for the
taxable year exceeds--
``(i) in the case of a partner making a
joint return under section 6013 or a surviving
spouse (as defined in section 2(a)), $250,000,
``(ii) in the case of a married partner (as
defined in section 7703) filing a separate
return, half of the dollar amount determined
under clause (i), and
``(iii) in any other case, $200,000.
``(3) Professional service business.--For purposes of this
subsection, the term `professional service business' means any
trade or business (or portion thereof) providing services in
the fields of health, law, lobbying, engineering, architecture,
accounting, actuarial science, performing arts, consulting,
athletics, investment advice or management, or brokerage
services.
``(4) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means
adjusted gross income--
``(A) determined without regard to any deduction
allowed under section 164(f), and
``(B) increased by the amount excluded from gross
income under section 911(a)(1).
``(5) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this subsection, including regulations which
prevent the avoidance of the purposes of this subsection
through tiered entities or otherwise.
``(6) Cross reference.--For employment tax treatment of
wages paid to shareholders of S corporations, see subtitle
C.''.
(b) Conforming Amendment.--Section 211 of the Social Security Act
is amended by adding at the end the following new subsection:
``(l) Special Rules for Professional Service Businesses.--
``(1) Shareholders providing services to specified s
corporations.--
``(A) In general.--In the case of an applicable
shareholder who provides substantial services with
respect to a professional service business referred to
in subparagraph (C) of a specified S corporation--
``(i) such shareholder shall be treated as
engaged in the trade or business of such
professional service business with respect to
items of income or loss described in section
1366 of the Internal Revenue Code of 1986 which
are attributable to such business, and
``(ii) such shareholder's net earnings from
self-employment shall include such
shareholder's pro rata share of such items of
income or loss, except that in computing such
pro rata share of such items the exceptions
provided in subsection (a) shall apply.
``(B) Treatment of family members.--Except as
otherwise provided by the Secretary of the Treasury,
the applicable shareholder's pro rata share of items
referred to in subparagraph (A) shall be increased by
the pro rata share of such items of each member of such
applicable shareholder's family (within the meaning of
section 318(a)(1) of the Internal Revenue Code of 1986)
who does not provide substantial services with respect
to such professional service business.
``(C) Specified s corporation.--For purposes of
this subsection, the term `specified S corporation'
means--
``(i) any S corporation (as defined in
section 1361(a) of the Internal Revenue Code of
1986) which is a partner in a partnership which
is engaged in a professional service business
if substantially all of the activities of such
S corporation are performed in connection with
such partnership, and
``(ii) any other S corporation (as so
defined) which is engaged in a professional
service business if 75 percent or more of the
gross income of such business is attributable
to service of 3 or fewer shareholders of such
corporation.
``(D) Applicable shareholder.--For purposes of this
paragraph, the term `applicable shareholder' means any
shareholder whose modified adjusted gross income for
the taxable year exceeds--
``(i) in the case of a shareholder making a
joint return under section 6013 of the Internal
Revenue Code of 1986 or a surviving spouse (as
defined in section 2(a) of such Code),
$250,000,
``(ii) in the case of a married shareholder
(as defined in section 7703 of such Code)
filing a separate return, half of the dollar
amount determined under clause (i), and
``(iii) in any other case, $200,000.
``(2) Partners.--
``(A) In general.--In the case of any partnership
which is engaged in a professional service business,
subsection (a)(12) shall not apply to any applicable
partner who provides substantial services with respect
to such professional service business.
``(B) Applicable partner.--For purposes of this
paragraph, the term `applicable partner' means any
partner whose modified adjusted gross income for the
taxable year exceeds--
``(i) in the case of a partner making a
joint return under section 6013 of the Internal
Revenue Code of 1986 or a surviving spouse (as
defined in section 2(a) of such Code),
$250,000,
``(ii) in the case of a married partner (as
defined in section 7703 of such Code) filing a
separate return, half of the dollar amount
determined under clause (i), and
``(iii) in any other case, $200,000.
``(3) Professional service business.--For purposes of this
subsection, the term `professional service business' means any
trade or business (or portion thereof) providing services in
the fields of health, law, lobbying, engineering, architecture,
accounting, actuarial science, performing arts, consulting,
athletics, investment advice or management, or brokerage
services.
``(4) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means
adjusted gross income as determined under section 62 of the
Internal Revenue Code of 1986--
``(A) determined without regard to any deduction
allowed under section 164(f) of such Code, and
``(B) increased by the amount excluded from gross
income under section 911(a)(1) of such Code.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 4. COMPLIANCE PROVISION.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Stop the Student Loan Interest Rate Hike Act of 2012 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to make the 3.4% interest rate on Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2012, applicable to Direct Stafford loans first disbursed to undergraduate students between July 1, 2011, and July 1, 2013.
Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require certain shareholders of a subchapter S corporation engaged as a partner in a professional service business to include income or loss attributable to such business in their net earnings from self-employment for employment tax purposes.
Restricts such tax treatment to shareholders whose modified adjusted gross income exceeds a specified amount that varies based on their tax filing status.
Defines a "professional service business" as any trade or business providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services. | {"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 to extend the reduced interest rate for Federal Direct Stafford Loans, and for other purposes."} | 2,323 | 243 | 0.591208 | 1.89903 | 0.693751 | 3.596244 | 10.046948 | 0.798122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Health Choice Preservation
Act of 2000''.
SEC. 2. APPLICATION OF BUDGET NEUTRALITY PRINCIPLE TO THE NEW
MEDICARE+CHOICE RISK ADJUSTMENT METHODOLOGY.
(a) In General.--Section 1853(a)(3) of the Social Security Act (42
U.S.C. 1395w-23(a)(3)) is amended by adding at the end the following
new subparagraph:
``(E) Implementation in a budget neutral manner.--
The methodology under this paragraph shall be designed
and implemented in a manner so that it does not result
in any material change in the aggregate level of
expenditures under this title compared to the level
that would have occurred if such methodology had not
been implemented (and if the previous risk adjustment
methodology used in 1998 had continued to be
implemented).''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on the date of the enactment of this Act and applies to payments
for months beginning on or after January 2001.
SEC. 3. CHANGES TO HEALTH-STATUS RISK ADJUSTMENT.
(a) Implementation of Health-status Risk Adjustment Through
Negotiated Rulemaking.--Section 1853(c) of the Social Security Act (42
U.S.C. 1395w-23(c)) is further amended by adding at the end the
following new paragraph:
``(4) Implementation of health-status risk adjustment
through negotiated rulemaking.--
``(A) In general.--The Secretary shall establish,
using a negotiated rulemaking process under subchapter
III of chapter 5 of title 5, United States Code, and on
an expedited basis, health-status related risk
adjustors described in paragraph (3).
``(B) Appointment of committee.--In appointing
negotiated rulemaking committee under section 565(a) of
such title, the Secretary shall include representatives
of Medicare+Choice organizations, providers, the
Medicare Payment Advisory Commission, the Academy of
Actuaries, the Department of Health and Human Services,
and representatives of organizations with expertise in
data privacy issues.
``(C) Factors to consider.--The health status risk
adjustment methodology shall be based on the health
status of Medicare+Choice enrollees. In evaluating
alternative approaches, the committee and the Secretary
shall weigh the costs of implementing risk adjustment
methods against their benefits in terms of predictive
power.
``(D) Deadlines.--
``(i) Committee appointment.--The Secretary
shall provide for the appointment of the
negotiated rulemaking committee under
subparagraph (B) by not later than 6 months
after the date of the enactment of this
paragraph.
``(ii) Reporting deadline.--The committee
shall submit its recommendations to the
Secretary by not later than December 31, 2001.
``(E) Superseding other provisions.--Regulations
promulgated by the Secretary pursuant to
recommendations of the committee shall supersede the
regulations implemented under paragraph (3).''.
(b) Limiting Phase-in of Current Health-Status Risk Adjustment
Methodology.--Section 1853(a)(3)(C)(ii)(II) of such Act (42 U.S.C.
1395w-23(a)(3)(C)(ii)(II)), as amended by section 511(a) of the
Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999
(113 Stat. 1501A-380), as enacted into law by section 1000(a)(6) of
Public Law 106-113, is amended by striking ``not more than 20 percent
of such capitation rate in 2002'' and inserting ``not more than 10
percentage points more than the percent of \1/12\ of the annual
Medicare+Choice capitation rate that it applied to in the previous
year, except as may be provided for under paragraph (4)''.
(c) Elimination of Requirement To Report Encounter Data.--The
Secretary of Health and Human Services shall immediately discontinue
all activity related to requiring Medicare+Choice organizations, under
part C of title XVIII of the Social Security Act, to submit encounter
data for sites other than hospital inpatient departments, before final
regulations are promulgated implementing the health-status risk
adjustment methodology developed under the amendment made by subsection
(a).
SEC. 4. ADDITIONAL FLOOR FOR ANNUAL INCREASE IN MEDICARE+CHOICE
CAPITATION RATES.
Section 1853(c)(3)(C) of the Social Security Act (42 U.S.C. 1395w-
23(c)(3)(C)) is amended--
(1) in clause (ii), by inserting ``(before 2002)'' after
``For a subsequent year''; and
(2) by adding at the end the following new clause:
``(iii) For 2002 and each subsequent year,
the greater of (I) 102 percent of the annual
Medicare+Choice capitation rate under this paragraph for the area for
the previous year, or (II) such rate for the previous year increased by
the national per capita Medicare+Choice growth percentage, described in
paragraph (6)(A) for the succeeding year.''.
SEC. 5. PAYMENT OF ADDITIONAL DRUG INFLATION DIFFERENTIAL FOR
MEDICARE+CHOICE PLANS OFFERING QUALIFIED PRESCRIPTION
DRUG COVERAGE.
(a) In General.--Section 1853 of the Social Security Act (42 U.S.C.
1395w-23) is amended--
(1) in subsection (a)(1)(A), by striking ``and (i)'' and
inserting ``(i), and (j)''; and
(2) by adding at the end the following new subsection:
``(j) Payment of Additional Drug Inflation Differential for
Medicare+Choice Plans Offering Qualified Prescription Drug Coverage.--
``(1) In general.--In the case of a Medicare+Choice plan
that offers qualified prescription drug coverage (as defined in
paragraph (2))) in a year and that meets the conditions
described in paragraph (3), the annual Medicare+Choice
capitation rate otherwise applied under this section shall be
increased by the percentage specified in paragraph (4).
``(2) Qualified prescription drug coverage defined.--In
this subsection, the term `qualified prescription drug
coverage' means coverage for outpatient prescription drugs
under which--
``(A) there is no deductible applicable; and
``(B) there is either no limitation to the amount
of benefits available in a year or any such limitation
is not less than $1,500.
Nothing in this paragraph shall be construed as preventing a
Medicare+Choice plan offering qualified prescription drug
coverage from imposing a copayment or other cost-sharing, other
than a deductible.
``(3) Conditions.--The conditions described in this
paragraph with respect to a Medicare+Choice plan for months in
a year are as follows:
``(A) No separate premium.--There is no separate
premium established for qualified prescription drug
coverage under the plan.
``(B) Limit on premiums.--The adjusted community
rate proposal shall include a certification that the
percentage increase in the cost of drug benefits does
not exceed 150 percent of the Secretary's estimate of
the percentage specified in paragraph (4), adjusted to
fairly reflect changes in the benefits provided.
``(4) Differential percentage.--The percentage specified in
this paragraph for a Medicare+Choice plan for months in a year
is equal to the product of the following:
``(A) Drug inflation differential.--The number of
percentage points by which--
``(i) the annual rate of inflation for
prescription drug coverage under
Medicare+Choice plans (as estimated by the
Secretary for the year), exceeds
``(ii) the percentage increase in the
annual Medicare+Choice capitation rate
applicable to the plan under subsection (a)
(not taking into account this subsection) for
the year involved.
``(B) Proportion of total value represented by drug
coverage.--The ratio of--
``(i) the average per capita actuarial
value of the qualified prescription drug
coverage under the plan for the year; to
``(ii) the actuarial value of all benefits
under the plan for the year.
In no case shall the percentage under this paragraph be less
than 0.
``(5) Treatment.--The percentage increase in payment
effected under this subsection shall be taken into account in
applying section 1854(f) (relating to additional benefits) and
such payment increase is subject to adjustment for risk factors
under subsection (a) in the same manner as the payment
described in such subsection.
``(6) Construction.--Nothing in this subsection shall be
construed as requiring a Medicare+Choice plan to provide
qualified or other prescription drug coverage.''.
(b) Effective Date.--The amendments made by subsection (a) apply to
payment for months beginning with January 2002. | Directs the Secretary of Health and Human Services to discontinue immediately all activity related to requiring Medicare+Choice organizations to submit encounter data for sites other than hospital inpatient departments, before final regulations are promulgated implementing the health-status risk adjustment methodology established under this Act. | {"src": "billsum_train", "title": "Seniors Health Choice Preservation Act of 2000"} | 2,075 | 62 | 0.475619 | 1.209742 | 0.669858 | 6.3125 | 35.229167 | 0.979167 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Fostering
Independence Through Technology Act of 2013''.
(b) Findings.--Congress makes the following findings:
(1) Allowing seniors to remain in their homes longer can
delay unnecessary, costly transfers to higher acuity care
settings.
(2) Remote patient monitoring provides opportunities to
control chronic conditions and research shows that
approximately 66 percent of total health care spending is
associated with care for the over one-in-four Americans with
multiple chronic conditions.
(3) Current remote patient monitoring programs report
patient satisfaction rates of over 90 percent.
(4) Due to changes enacted by Congress, hospitals are
facing payment penalties for patients that are readmitted to
the hospital within 30 days of discharge.
(5) Current remote patient monitoring programs that use
technology to monitor discharged patients in non-invasive ways
have experienced a reduction in hospital readmissions.
SEC. 2. REMOTE PATIENT MONITORING AND SUPPORT PILOT PROJECTS.
(a) Pilot Projects.--
(1) In general.--Not later than 9 months after the date of
the enactment of this Act, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall conduct pilot projects under title XVIII of the Social
Security Act for the purpose of providing incentives to home
health agencies to furnish remote patient monitoring services
that reduce expenditures under such title.
(2) Site requirements.--
(A) Urban and rural.--The Secretary shall conduct
the pilot projects under this section in both urban and
rural areas.
(B) Site in a small state.--The Secretary shall
conduct at least 1 of the pilot projects in a State
with a population of less than 1,000,000.
(3) Definitions.--In this section:
(A) Home health agency.--The term ``home health
agency'' has the meaning given that term in section
1861(o) of the Social Security Act (42 U.S.C.
1395x(o)).
(B) Remote patient monitoring services.--
(i) In general.--The term ``remote patient
monitoring services'' means services furnished
in the home using remote patient monitoring
technology, including in-home technology based
professional consultations, patient monitoring,
patient training services, clinical
observation, assessment, treatment, and any
additional services that utilize technologies
specified by the Secretary.
(ii) Limitation.--The term ``remote patient
monitoring services'' shall not include a
telecommunication that consists solely of a
telephone audio conversation, facsimile, or
electronic text mail between a health care
professional and a patient.
(C) Remote patient monitoring technology.--The term
``remote patient monitoring technology'' means a
coordinated system that uses one or more home-based or
mobile monitoring devices that are accessed by a
patient and automatically transmit clinical data and
responses to assessment questions collected on the
devices wirelessly or through a telecommunications
connection to a server 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, as part of an established
plan of care for that patient that includes the review
and interpretation of that data by a health care
professional.
(b) Medicare Beneficiaries Within the Scope of Projects.--
(1) In general.--The Secretary shall specify the criteria
for identifying those Medicare beneficiaries who shall be
considered within the scope of the pilot projects under this
section for purposes of the application of subsection (c) and
for the assessment of the effectiveness of the home health
agency in achieving the objectives of this section.
(2) The criteria specified under paragraph (1)--
(A) shall include conditions and clinical
circumstances, including congestive heart failure,
diabetes, and chronic pulmonary obstructive disease,
and other conditions determined appropriate by the
Secretary; and
(B) may provide for the inclusion in the projects
of Medicare beneficiaries who begin receiving home
health services under title XVIII of the Social
Security Act after the date of the implementation of
the projects.
(c) Incentives.--
(1) Performance targets.--The Secretary shall establish for
each home health agency participating in a pilot project under
this section a performance target using one of the following
methodologies, as determined appropriate by the Secretary:
(A) Adjusted historical performance target.--The
Secretary shall establish for the agency--
(i) a base expenditure amount equal to the
average total payments made under parts A, B,
and D of title XVIII of the Social Security Act
for Medicare beneficiaries determined to be
within the scope of the pilot project in a base
period determined by the Secretary; and
(ii) an annual per capita expenditure
target for such beneficiaries, reflecting the
base expenditure amount adjusted for risk,
changes in costs, and growth rates.
(B) Comparative performance target.--The Secretary
shall establish for the agency a comparative
performance target equal to the average total payments
under such parts A, B, and D during the pilot project
for comparable individuals in the same geographic area
that are not determined to be within the scope of the
pilot project.
(2) Payment.--Subject to paragraph (3), the Secretary shall
pay to each participating home care agency a payment for each
year under the pilot project equal to a 75 percent share of the
total Medicare cost savings realized for such year relative to
the performance target under paragraph (1).
(3) Limitation on expenditures.--The Secretary shall limit
payments under this section in order to ensure that the
aggregate expenditures under title XVIII of the Social Security
Act (including payments under this subsection) do not exceed
the amount that the Secretary estimates would have been
expended if the pilot projects under this section had not been
implemented, including any reasonable costs incurred by the
Secretary in the administration of the pilot projects.
(4) No duplication in participation in shared savings
programs.--A home health agency that participates in any of the
following shall not be eligible to participate in the pilot
project under this section:
(A) A model tested or expanded under section 1115A
that involves shared savings under this title or any
other program or demonstration project that involves
such shared savings.
(B) The independence at home medical practice pilot
program under section 1866E.
(d) Waiver Authority.--The Secretary may waive such provisions of
titles XI and XVIII of the Social Security Act as the Secretary
determines to be appropriate for the conduct of the pilot projects
under this section.
(e) Report to Congress.--Not later than 3 years after the date that
the first pilot project under this section is implemented, the
Secretary shall submit to Congress a report on the projects. Such
report shall contain--
(1) a detailed description of the projects, including any
changes in clinical outcomes for Medicare beneficiaries under
the projects, Medicare beneficiary satisfaction under the
projects, utilization of items and services under Medicare
parts A, B, and D by Medicare beneficiaries under the projects,
and Medicare per-beneficiary and Medicare aggregate spending
under the projects;
(2) a detailed description of issues related to the
expansion of the projects under subsection (f);
(3) recommendations for such legislation and administrative
actions as the Secretary considers appropriate; and
(4) other items considered appropriate by the Secretary.
(f) Expansion.--If the Secretary determines that any of the pilot
projects under this section enhance health outcomes for Medicare
beneficiaries and reduce expenditures under title XVIII of the Social
Security Act, the Secretary shall initiate comparable projects in
additional areas.
(g) Payments Have No Effect on Other Medicare Payments to
Agencies.--A payment under this section shall have no effect on the
amount of payments that a home health agency would otherwise receive
under title XVIII of the Social Security Act for the provision of home
health services. | Fostering Independence Through Technology Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to conduct pilot projects under title XVIII (Medicare) of the Social Security Act for the purpose of providing incentives to home health agencies to furnish remote patient monitoring services that reduce expenditures. Directs the Secretary to specify the criteria for identifying Medicare beneficiaries within the scope of the pilot projects. Directs the Secretary to establish for each participating home health agency a performance target using specified methodologies. | {"src": "billsum_train", "title": "Fostering Independence Through Technology Act of 2013"} | 1,698 | 105 | 0.562427 | 1.457534 | 0.842607 | 4.380435 | 17.413043 | 0.945652 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Information Independence
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Access to accurate information at the point of sale
concerning the effect of nutrients on disease is indispensable
to the exercise of informed consumer choice in the marketplace
and to the health and welfare of the American people.
(2) In 1999, 2000, and 2001, Federal courts have held that
Food and Drug Administration suppression of nutrient-disease
information is a violation of the First Amendment to the United
States Constitution.
(3) Despite those holdings and despite the courts' orders,
the Food and Drug Administration continues to suppress
nutrient-disease information that could improve public health,
reduce the costs of health care, and promote the welfare of the
American people.
(4) The history of the Food and Drug Administration review
of nutrient-disease relationships reveals a strong and
unscientific bias against food and dietary supplement health
claims in direct violation of the constitutional mandates of
Federal courts and the intent of Congress.
(5) The Food and Drug Administration favors suppression of
health claims over disclosure, despite court imposed
constitutional requirements to the contrary.
(6) To ensure that health claims are evaluated rationally,
fairly, and in compliance with constitutional requirements and
the intent of Congress, the federal government must be denied
authority to deny the public access to health information
absent probable cause that the claims are untrue, misleading or
pose a danger to human health and jurisdiction over health
claims evaluation must be removed from the Food and Drug
Administration and placed in the hands of Independent
Scientific Reviewers who do not harbor a bias against food and
dietary supplement health claims.
SEC. 3. AUTHORITY FOR MAKING HEALTH CLAIMS.
(a) Limitation on Agency Authority to Restrict Distribution.--
Notwithstanding any other provision of Federal law, the Federal
Government shall have no authority to restrict the distribution of any
dietary supplement or other nutritional food on the basis that the
manufacturer is making health claims unapproved by the Food and Drug
Administration if--
(1) the product has a label clearly stating that its health
claims are not FDA approved; and
(2) such Administration lacks evidence establishing
probable cause that the claims contain misleading information
posing a threat to the safety and well-being of those who use
such product.
(b) Independent Review of Agency Determination of Existence of
Probable Cause.--In the event that the Food and Drug Administration
determines that there is probable cause that the claims for a dietary
supplement or other nutritional food contain misleading information
posing a threat to the safety and well-being of those who use such
product, such Administration shall, before acting against the product
carrying the allegedly offensive claims, submit the claims to review
before an independent review board as described in the following
sections of this Act.
SEC. 4. DEFINITIONS.
Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321) is amended by adding at the end the following:
``(nn) The term `Independent Scientific Reviewer' means a person
who--
``(1) holds a Ph.D., an M.D., or both, and has been
employed full-time for at least the past 5 consecutive years as
a professor or assistant or associate professor in a department
of medicine, biochemistry, epidemiology, pharmacology,
pharmacognosy, or nutrition at a university that is accredited
by an organization recognized by the Department of Education of
the United States;
``(2) has never been employed by, and has never been
contracted to do work for, the Food and Drug Administration or
any other agency or office of the Department of Health and
Human Services (except to review health claim petitions under
section 403D);
``(3) has never been employed by, and has never been
contracted to do work for, the health claim petitioner;
``(4) signs an oath pledging to evaluate the health claim
petition provided to him or her by the Secretary in strict
accordance with the criteria specified in section 403D;
``(5) signs an oath pledging not to discuss with any person
the fact that he or she is reviewing the health claim petition
or the substance of the petition or the substance of the
evaluation before the results of the scientific review are
supplied in a complete written evaluation to the Secretary;
``(6) signs an oath pledging to supply complete copies of
all publicly available scientific evidence reviewed along with
a complete written evaluation of the health claim to the
Secretary no later than 180 days after receipt of the health
claim petition from the Secretary; and
``(7) signs an oath pledging to exercise independent
professional judgment, free of any external influence and any
unscientific bias that might interfere with the objective
evaluation of the health claim.''.
SEC. 5. HEALTH CLAIMS.
Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(r)) is amended--
(1) in subparagraph (1)--
(A) in the matter preceding clause (A)--
(i) by striking ``food intended'' and
inserting ``food or dietary supplement
intended''; and
(ii) by striking ``food which'' and
inserting ``food or dietary supplement which'';
and
(B) in clause (B)--
(i) by inserting after ``health-related
condition'' the following: ``(including any
statement that the nutrient prevents, treats,
or cures a disease)''; and
(ii) by striking ``or (5)(D)'';
(2) in subparagraph (3), by amending clause (B) to read as
follows:
``(B)(i) The Secretary shall promulgate no later than 30 days after
receiving an evaluation from an Independent Scientific Reviewer
regulations that authorize use on labels and in labeling of all claims
of the type described in subparagraph (1)(B) recommended for approval
by the Independent Scientific Reviewer together with such disclaimer or
disclaimers as the Independent Scientific Reviewer may also recommend.
``(ii) The duties of the Secretary described in subclause (i) are
nondelegable and may be discharged only by the Secretary.'';
(3) by striking subparagraph (4) and redesignating
subparagraph (5) as subparagraph (4); and
(4) in subparagraph (4) (as so redesignated), by striking
clause (D).
SEC. 6. INDEPENDENT SCIENTIFIC REVIEW.
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.) is amended by inserting after section 403C the following
new section:
``SEC. 403D. INDEPENDENT SCIENTIFIC REVIEW.
``(a) Invitations to Participate.--No later than 30 days after the
date of the enactment of the Health Information Independence Act, and
every 180-days thereafter, the Secretary shall send to every department
of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy,
and nutrition at every university that is accredited by an organization
recognized by the Secretary of Education a notice and invitation to
participate, stating the following:
``(1) Scientists employed by the university in its
departments of medicine, biochemistry, epidemiology,
pharmacology, pharmacognosy, or nutrition who possess a Ph.D.
or an M.D., or both, and have been either a full-time professor
or a full-time assistant or associate professor for at least
the past 5 consecutive years are invited to apply to the
Secretary to be Independent Scientific Reviewers in assessing
health claims made without a label clearing stating its health
claims are not approved by the Food and Drug Administration or
such Administration has evidence establishing probable cause
that the claims contain misleading information posing a threat
to the safety and well-being of those who use the product.
Health claims are statements of nutrient-disease association.
``(2) Scientists who qualify to be Independent Scientific
Reviewers will be selected at random by the Secretary to review
all publicly available scientific evidence on a particular
nutrient-disease association, must supply copies of all
evidence reviewed to the Secretary, and must supply a written
evaluation of that evidence and the health claim to the
Secretary no later than 180 days after receipt of the health
claim petition. The Independent Scientific Reviewer shall state
whether the claim is supported by scientific evidence and is,
therefore, recommended for approval. The Independent Scientific
Reviewer should only conclude that the health claim is not
supported by scientific evidence, and, therefore, not
recommended for approval, if the reviewer finds--
``(A) no credible scientific evidence supporting
the claim; and
``(B) no disclaimer that could accompany the claim
that could eliminate any potentially misleading
connotation conveyed by the claim.
Recommended disclaimers must be accurate and concise.
Disclaimers should reveal the extent of support for the claim
by stating whether evidence in support of the claim is less
than conclusive, e.g., that evidence in support of the claim is
preliminary and inconclusive, suggestive but not conclusive, or
generally accepted but not yet proven to a conclusive degree.
``(3) Independent Scientific Reviewers must complete their
reviews within 180 days of receipt of a health claim petition
from the Secretary.
``(4) To qualify to be an Independent Scientific Reviewer
you must certify in writing under penalty of perjury that--
``(A) you hold a Ph.D., an M.D., or both, and have
been employed full-time for at least the past 5
consecutive years as a professor, assistant professor,
or associate professor in a department of medicine,
biochemistry, epidemiology, pharmacology,
pharmacognosy, or nutrition at a university that is
accredited by an organization recognized by the
Department of Education of the United States;
``(B) you have never been employed by, and have
never been contracted to do work for, the Food and Drug
Administration or any other agency or office of the
Department of Health and Human Services (except to
review health claim petitions) or for the health claim
petitioner;
``(C) you will evaluate any health claim petition
submitted to you in strict accordance with the criteria
specified in section 403D;
``(D) you will not discuss with any person the fact
that you are reviewing the health claim petition or the
substance of the petition or the substance of the
evaluation before you submit a complete written
evaluation of the health claim to the Secretary;
``(E) you will complete your review of the health
claim petition and will supply your complete written
evaluation of it along with all scientific evidence
reviewed to the Secretary no later than 180 days after
receipt of the health claim petition from the
Secretary; and
``(F) you will exercise independent professional
judgment, free of any external influence and any
unscientific bias that might interfere with the
objective evaluation of the health claim.
``(5) Failure to abide by the above rules will result in
disbarment from the Independent Scientific Review program and
disallowance of all compensation for any review undertaken.
``(b) Confirmation of Independent Scientific Reviewer Status.--No
later than 30 days after the Secretary determines that a health claim
meets the criteria established in section 3 of the Health Information
Independence Act for government approval, including the certifications
required under subsection (a)(4) of this section, from a person who
seeks to serve as an Independent Scientific Reviewer, the Secretary
shall notify that person whether he or she satisfies the qualification
criteria specified in such subsection and is, thereby, eligible to be
selected to serve as an Independent Scientific Reviewer.
``(c) Random Selection of Independent Scientific Reviewer to
Evaluate Health Claim.--Not later than 15 days after the Secretary
determines that a health claim meets the criteria established in
section 3 of the Health Information Independence Act for government
approval, the Secretary shall select an Independent Scientific Reviewer
at random and shall provide that person with a complete copy of the
health claim petition for evaluation. The Secretary shall not reveal
the name of the Independent Scientific Reviewer to the public or to the
health claim petitioner until after the Secretary receives from the
Independent Scientific Reviewer all publicly available scientific
evidence reviewed and a complete evaluation of the health claim.
``(d) All Publicly Available Scientific Evidence Shall Be
Reviewed.--Upon receipt of a health claim petition, the Independent
Scientific Reviewer shall acquire and evaluate all publicly available
scientific evidence relevant to the claim. The Independent Scientific
Reviewer shall determine whether credible scientific evidence supports
the health claim.
``(e) Every Health Claim Shall Be Recommended for Approval That Is
Supported by Credible Scientific Evidence.--If the Independent
Scientific Reviewer finds that credible scientific evidence supports
the health claim, the Independent Scientific Reviewer shall recommend
to the Secretary that the health claim be approved. If the Independent
Scientific Reviewer finds the scientific evidence in support of the
claim less than conclusive, suggestive but not conclusive, preliminary
and inconclusive, or generally accepted but not yet proven to a
conclusive degree, or if the Independent Scientific Reviewer finds the
claim to convey a potentially misleading connotation, the Independent
Scientific Reviewer shall also recommend that the health claim be
approved accompanied by a concise disclaimer carefully worded to render
the claim nonmisleading.
``(f) Health Claims not Recommended for Approval.--If the
Independent Scientific Reviewer finds that no credible scientific
evidence supports the health claim and that no disclaimer can eliminate
a misleading connotation conveyed by the claim, then the Independent
Scientific Reviewer shall recommend that the Secretary not approve the
health claim.
``(g) Compensation for Independent Scientific Reviewers and
Sanctions for Noncompliance.--The Secretary shall pay each Independent
Scientific Reviewer the sum of $40,000 no later than 60 days after the
Secretary receives all publicly available scientific evidence reviewed
and a complete evaluation of the health claim. If the Secretary finds
that the Independent Scientific Reviewer has submitted a false
certification under subsection (a)(4), the Secretary may debar the
Independent Scientific Reviewer from the Independent Scientific Review
program and shall refrain from paying the $40,000 fee.''.
SEC. 7. LEGAL EFFECT OF HEALTH CLAIM RECOMMENDATION BY INDEPENDENT
SCIENTIFIC REVIEWERS.
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.), as amended by section 6 of this Act, is amended by
inserting after section 403D the following new section:
``SEC. 403E. LEGAL EFFECT OF HEALTH CLAIM RECOMMENDATIONS.
``(a) Secretary's Response to Health Claim Evaluations by
Independent Scientific Reviewers.--No later than 30 days after the
Secretary receives from an Independent Scientific Reviewer copies of
all publicly available scientific evidence reviewed and a complete
written evaluation of a health claim, the Secretary shall--
``(1) make the evaluation and all scientific evidence
reviewed publicly available; and
``(2) publish in the Federal Register as a final and
binding order of the Department of Health and Human Services
the recommendation of the Independent Scientific Reviewer
verbatim and without any alteration in content whatsoever,
including the claim, whether the claim is approved or
disapproved, the reasons therefor, and whether the claim must
be accompanied by a disclaimer and the content of the
disclaimer, and the reasons therefor.
``(b) Order on Health Claims Recommendations of Independent
Scientific Reviewers Immediately Appealable to the United States Court
of Appeals for the D.C. Circuit.--Any health claim petitioner, or any
other aggrieved party, may file an appeal for review of an order of the
Secretary pursuant to subsection (a) directly to the United States
Court of Appeals for the District of Columbia Circuit within 90 days of
the date of publication of the order in the Federal Register.''.
SEC. 8. DEPARTMENT OF HEALTH AND HUMAN SERVICES BUDGET ALLOCATION FOR
INDEPENDENT SCIENTIFIC REVIEWS.
(a) Costs of Implementation.--All costs associated with
implementing this Act shall be borne by the Department of Health and
Human Services from its existing budget.
(b) Offsets.--This Act eliminates the need for the Food and Drug
Administration to review health claim petitions for foods and dietary
supplements. No later than six months after the date of the enactment
of this Act, the Secretary of Health and Human Services shall eliminate
staff, reduce operating expenses, and maximize cost savings in the Food
and Drug Administration's Center for Food Safety and Applied Nutrition
to offset the costs of implementing this Act.
SEC. 9. DEFINITION REGARDING DISTINCTION BETWEEN FOOD AND DRUGS.
Section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)(1)) is amended in clause (B) by inserting ``(other than
food, including dietary supplements)'' after ``articles''. | Health Information Independence Act - Prevents the Federal Government from restricting the distribution of a dietary supplement or other nutritional food because the manufacturer makes health claims unapproved by the Food and Drug Administration (FDA) if: (1) the product has a label clearly stating that its health claims are not FDA-approved; (2) the FDA lacks evidence establishing probable cause that the claims contain misleading information posing a threat to the safety and well-being of those who use the product. Requires an independent review of a determination by the FDA that there is such probable cause.
Amends the Federal Food, Drug, and Cosmetic Act to extend certain food nutrition labeling requirements to dietary supplements. Requires nutrition labels to include the relationship of a nutrient to the prevention, treatment, or cure of a disease.
Directs the Secretary of Health and Human Services to solicit independent scientific reviewers from the university community to review, evaluate, and make recommendations regarding particular health claims, based on the scientific evidence available. Excludes health claims only if they are unsupported by credible scientific evidence and no disclaimer could eliminate potentially misleading connotations. Makes recommendations of such reviewers binding on the Secretary and reviewable only by the U.S. Court of Appeals for the District of Columbia Circuit. Requires costs of this program to be offset against the operating budget of the Department of Health and Human Services. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to establish a system independent of the Food and Drug Administration for the review of health claims, to define health claims, and for other purposes."} | 3,794 | 305 | 0.605693 | 1.772608 | 0.919095 | 4.213178 | 13.341085 | 0.903101 |
SECTION 1. REQUIRED NOTIFICATION OF SECTION 527 STATUS.
(a) In General.--Section 527 of the Internal Revenue Code of 1986
(relating to political organizations) is amended by adding at the end
the following new subsection:
``(i) Organizations Must Notify Secretary That They Are Section 527
Organizations.--
``(1) In general.--Except as provided in paragraph (5), an
organization shall not be treated as an organization described in
this section--
``(A) unless it has given notice to the Secretary,
electronically and in writing, that it is to be so treated, or
``(B) if the notice is given after the time required under
paragraph (2), the organization shall not be so treated for any
period before such notice is given.
``(2) Time to give notice.--The notice required under paragraph
(1) shall be transmitted not later than 24 hours after the date on
which the organization is established.
``(3) Contents of notice.--The notice required under paragraph
(1) shall include information regarding--
``(A) the name and address of the organization (including
any business address, if different) and its electronic mailing
address,
``(B) the purpose of the organization,
``(C) the names and addresses of its officers, highly
compensated employees, contact person, custodian of records,
and members of its Board of Directors,
``(D) the name and address of, and relationship to, any
related entities (within the meaning of section 168(h)(4)), and
``(E) such other information as the Secretary may require
to carry out the internal revenue laws.
``(4) Effect of failure.--In the case of an organization
failing to meet the requirements of paragraph (1) for any period,
the taxable income of such organization shall be computed by taking
into account any exempt function income (and any deductions
directly connected with the production of such income).
``(5) Exceptions.--This subsection shall not apply to any
organization--
``(A) to which this section applies solely by reason of
subsection (f)(1), or
``(B) which reasonably anticipates that it will not have
gross receipts of $25,000 or more for any taxable year.
``(6) Coordination with other requirements.--This subsection
shall not apply to any person required (without regard to this
subsection) to report under the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) as a political committee.''.
(b) Disclosure Requirements.--
(1) Inspection at internal revenue service offices.--
(A) In general.--Section 6104(a)(1)(A) of the Internal
Revenue Code of 1986 (relating to public inspection of
applications) is amended--
(i) by inserting ``or a political organization is
exempt from taxation under section 527 for any taxable
year'' after ``taxable year'';
(ii) by inserting ``or notice of status filed by the
organization under section 527(i)'' before ``, together'';
(iii) by inserting ``or notice'' after ``such
application'' each place it appears;
(iv) by inserting ``or notice'' after ``any
application'';
(v) by inserting ``for exemption from taxation under
section 501(a)'' after ``any organization'' in the last
sentence; and
(vi) by inserting ``or 527'' after ``section 501'' in
the heading.
(B) Conforming amendment.--The heading for section 6104(a)
of such Code is amended by inserting ``or notice of status''
before the period.
(2) Inspection of notice on internet and in person.--Section
6104(a) of such Code is amended by adding at the end the following
new paragraph:
``(3) Information available on internet and in person.--
``(A) In general.--The Secretary shall make publicly
available, on the Internet and at the offices of the Internal
Revenue Service--
``(i) a list of all political organizations which file
a notice with the Secretary under section 527(i), and
``(ii) the name, address, electronic mailing address,
custodian of records, and contact person for such
organization.
``(B) Time to make information available.--The Secretary
shall make available the information required under
subparagraph (A) not later than 5 business days after the
Secretary receives a notice from a political organization under
section 527(i).''.
(3) Inspection by committee of congress.--Section 6104(a)(2) of
such Code is amended by inserting ``or notice of status of any
political organization which is exempt from taxation under section
527 for any taxable year'' after ``taxable year''.
(4) Public inspection made available by organization.--Section
6104(d) of such Code (relating to public inspection of certain
annual returns and applications for exemption) is amended--
(A) by striking ``and Applications for Exemption'' and
inserting ``, Applications for Exemption, and Notices of
Status'' in the heading;
(B) by inserting ``or notice of status under section
527(i)'' after ``section 501'' and by inserting ``or any notice
materials'' after ``materials'' in paragraph (1)(A)(ii);
(C) by inserting or ``or such notice materials'' after
``materials'' in paragraph (1)(B); and
(D) by adding at the end the following new paragraph:
``(6) Notice materials.--For purposes of paragraph (1), the
term `notice materials' means the notice of status filed under
section 527(i) and any papers submitted in support of such notice
and any letter or other document issued by the Internal Revenue
Service with respect to such notice.''.
(c) Failure To Make Public.--Section 6652(c)(1)(D) of the Internal
Revenue Code of 1986 (relating to public inspection of applications for
exemption) is amended--
(1) by inserting ``or notice materials (as defined in such
section)'' after ``section)''; and
(2) by inserting ``and notice of status'' after ``exemption''
in the heading.
(d) Effective Date.--
(1) In general.--Except as provided in paragraphs (2) and (3),
the amendments made by this section shall take effect on the date
of the enactment of this section.
(2) Organizations already in existence.--In the case of an
organization established before the date of the enactment of this
section, the time to file the notice under section 527(i)(2) of the
Internal Revenue Code of 1986, as added by this section, shall be
30 days after the date of the enactment of this section.
(3) Information availability.--The amendment made by subsection
(b)(2) shall take effect on the date that is 45 days after the date
of the enactment of this section.
SEC. 2. DISCLOSURES BY POLITICAL ORGANIZATIONS.
(a) Required Disclosure of 527 Organizations.--Section 527 of the
Internal Revenue Code of 1986 (relating to political organizations), as
amended by section 1(a), is amended by adding at the end the following
new section:
``(j) Required Disclosure of Expenditures and Contributions.--
``(1) Penalty for failure.--In the case of--
``(A) a failure to make the required disclosures under
paragraph (2) at the time and in the manner prescribed
therefor, or
``(B) a failure to include any of the information required
to be shown by such disclosures or to show the correct
information,
there shall be paid by the organization an amount equal to the rate
of tax specified in subsection (b)(1) multiplied by the amount to
which the failure relates.
``(2) Required disclosure.--A political organization which
accepts a contribution, or makes an expenditure, for an exempt
function during any calendar year shall file with the Secretary
either--
``(A)(i) in the case of a calendar year in which a
regularly scheduled election is held--
``(I) quarterly reports, beginning with the first
quarter of the calendar year in which a contribution is
accepted or expenditure is made, which shall be filed not
later than the fifteenth day after the last day of each
calendar quarter, except that the report for the quarter
ending on December 31 of such calendar year shall be filed
not later than January 31 of the following calendar year,
``(II) a pre-election report, which shall be filed not
later than the twelfth day before (or posted by registered
or certified mail not later than the fifteenth day before)
any election with respect to which the organization makes a
contribution or expenditure, and which shall be complete as
of the twentieth day before the election, and
``(III) a post-general election report, which shall be
filed not later than the thirtieth day after the general
election and which shall be complete as of the twentieth
day after such general election, and
``(ii) in the case of any other calendar year, a report
covering the period beginning January 1 and ending June 30,
which shall be filed no later than July 31 and a report
covering the period beginning July 1 and ending December 31,
which shall be filed no later than January 31 of the following
calendar year, or
``(B) monthly reports for the calendar year, beginning with
the first month of the calendar year in which a contribution is
accepted or expenditure is made, which shall be filed not later
than the twentieth day after the last day of the month and
shall be complete as if the last day of the month, except that,
in lieu of filing the reports otherwise due in November and
December of any year in which a regularly scheduled general
election is held, a pre-general election report shall be filed
in accordance with subparagraph (A)(i)(II), a post-general
election report shall be filed in accordance with subparagraph
(A)(i)(III), and a year end report shall be filed not later
than January 31 of the following calendar year.
``(3) Contents of report.--A report required under paragraph
(2) shall contain the following information:
``(A) The amount of each expenditure made to a person if
the aggregate amount of expenditures to such person during the
calendar year equals or exceeds $500 and the name and address
of the person (in the case of an individual, including the
occupation and name of employer of such individual).
``(B) The name and address (in the case of an individual,
including the occupation and name of employer of such
individual) of all contributors which contributed an aggregate
amount of $200 or more to the organization during the calendar
year and the amount of the contribution.
Any expenditure or contribution disclosed in a previous reporting
period is not required to be included in the current reporting
period.
``(4) Contracts to spend or contribute.--For purposes of this
subsection, a person shall be treated as having made an expenditure
or contribution if the person has contracted or is otherwise
obligated to make the expenditure or contribution.
``(5) Coordination with other requirements.--This subsection
shall not apply--
``(A) to any person required (without regard to this
subsection) to report under the Federal Election Campaign Act
of 1971 (2 U.S.C. 431 et seq.) as a political committee,
``(B) to any State or local committee of a political party
or political committee of a State or local candidate,
``(C) to any organization which reasonably anticipates that
it will not have gross receipts of $25,000 or more for any
taxable year,
``(D) to any organization to which this section applies
solely by reason of subsection (f)(1), or
``(E) with respect to any expenditure which is an
independent expenditure (as defined in section 301 of such
Act).
``(6) Election.--For purposes of this subsection, the term
`election' means--
``(A) a general, special, primary, or runoff election for a
Federal office,
``(B) a convention or caucus of a political party which has
authority to nominate a candidate for Federal office,
``(C) a primary election held for the selection of
delegates to a national nominating convention of a political
party, or
``(D) a primary election held for the expression of a
preference for the nomination of individuals for election to
the office of President.''.
(b) Public Disclosure of Reports.--
(1) In general.--Section 6104(d) of the Internal Revenue Code
of 1986 (relating to public inspection of certain annual returns
and applications for exemption), as amended by section 1(b)(4), is
amended--
(A) by inserting ``Reports,'' after ``Returns,'' in the
heading;
(B) in paragraph (1)(A), by striking ``and'' at the end of
clause (i), by inserting ``and'' at the end of clause (ii), and
by inserting after clause (ii) the following new clause:
``(iii) the reports filed under section 527(j)
(relating to required disclosure of expenditures and
contributions) by such organization,''; and
(C) in paragraph (1)(B), by inserting ``, reports,'' after
``return''.
(2) Disclosure of contributors allowed.--Section 6104(d)(3)(A)
of such Code (relating to nondisclosure of contributors, etc.) is
amended by inserting ``or a political organization exempt from
taxation under section 527'' after ``509(a))''.
(3) Disclosure by internal revenue service.--Section 6104(d) of
such Code is amended by adding at the end the following new
paragraph:
``(6) Disclosure of reports by internal revenue service.--Any
report filed by an organization under section 527(j) (relating to
required disclosure of expenditures and contributions) shall be
made available to the public at such times and in such places as
the Secretary may prescribe.''.
(c) Failure To Make Public.--Section 6652(c)(1)(C) of the Internal
Revenue Code of 1986 (relating to public inspection of annual returns)
is amended--
(1) by inserting ``or report required under section 527(j)''
after ``filing)'';
(2) by inserting ``or report'' after ``1 return''; and
(3) by inserting ``and reports'' after ``returns'' in the
heading.
(d) Effective Date.--The amendment made by subsection (a) shall
apply to expenditures made and contributions received after the date of
the enactment of this Act, except that such amendment shall not apply
to expenditures made, or contributions received, after such date
pursuant to a contract entered into on or before such date.
SEC. 3. RETURN REQUIREMENTS RELATING TO SECTION 527 ORGANIZATIONS.
(a) Return Requirements.--
(1) Organizations required to file.--Section 6012(a)(6) of the
Internal Revenue Code of 1986 (relating to political organizations
required to make returns of income) is amended by inserting ``or
which has gross receipts of $25,000 or more for the taxable year
(other than an organization to which section 527 applies solely by
reason of subsection (f)(1) of such section)'' after ``taxable
year''.
(2) Information required to be included on return.--Section
6033 of such Code (relating to returns by exempt organizations) is
amended by redesignating subsection (g) as subsection (h) and
inserting after subsection (f) the following new subsection:
``(g) Returns Required by Political Organizations.--In the case of
a political organization required to file a return under section
6012(a)(6)--
``(1) such organization shall file a return--
``(A) containing the information required, and complying
with the other requirements, under subsection (a)(1) for
organizations exempt from taxation under section 501(a), and
``(B) containing such other information as the Secretary
deems necessary to carry out the provisions of this subsection,
and
``(2) subsection (a)(2)(B) (relating to discretionary
exceptions) shall apply with respect to such return.''.
(b) Public Disclosure of Returns.--
(1) Returns made available by secretary.--
(A) In general.--Section 6104(b) of the Internal Revenue
Code of 1986 (relating to inspection of annual information
returns) is amended by inserting ``6012(a)(6),'' before
``6033''.
(B) Contributor information.--Section 6104(b) of such Code
is amended by inserting ``or a political organization exempt
from taxation under section 527'' after ``509(a)''.
(2) Returns made available by organizations.--
(A) In general.--Paragraph (1)(A)(i) of section 6104(d) of
such Code (relating to public inspection of certain annual
returns, reports, applications for exemption, and notices of
status) is amended by inserting ``or section 6012(a)(6)
(relating to returns by political organizations)'' after
``organizations)''.
(B) Conforming amendments.--
(i) Section 6104(d)(1) of such Code is amended in the
matter preceding subparagraph (A) by inserting ``or an
organization exempt from taxation under section 527(a)''
after ``501(a)''.
(ii) Section 6104(d)(2) of such Code is amended by
inserting ``or section 6012(a)(6)'' after ``section 6033''.
(c) Failure To File Return.--Section 6652(c)(1) of the Internal
Revenue Code of 1986 (relating to annual returns under section 6033) is
amended--
(1) by inserting ``or section 6012(a)(6) (relating to returns
by political organizations)'' after ``organizations)'' in
subparagraph (A)(i);
(2) by inserting ``or section 6012(a)(6)'' after ``section
6033'' in subparagraph (A)(ii);
(3) by inserting ``or section 6012(a)(6)'' after ``section
6033'' in the third sentence of subparagraph (A); and
(4) by inserting ``or 6012(a)(6)'' after ``section 6033'' in
the heading.
(d) Effective Date.--The amendments made by this section shall
apply to returns for taxable years beginning after June 30, 2000.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Makes information on organizations that file such notices, and such notices, publicly available. Prescribes monetary penalties for failures to meet certain public availability requirements.Grants existing organizations to whom this Act applies 30 days after this Act's enactment date to file a notice.Prescribes tax penalties for failures by political organizations to make certain disclosures of contributions and expenditures for exempt functions. Exempts certain organizations and political committees from the disclosure requirement. Makes such disclosures publicly available and prescribes monetary penalties for failures to make disclosures available for inspection.Requires political organizations which have gross receipts of $25,000 or more per taxable year, with an exception, to file tax returns. Provides for public disclosure of such returns and prescribes monetary penalties for failures to file or provide correct information. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to require 527 organizations to disclose their political activities."} | 4,271 | 182 | 0.523926 | 1.364746 | 0.626387 | 1.594406 | 26.741259 | 0.797203 |
SECTION. 1. EXEMPTION FOR ASBESTOS-RELATED SETTLEMENT FUNDS.
(a) Exemption for Asbestos-Related Settlement Funds.--Subsection
(b) of section 468B of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(6) Exemption from tax for asbestos-related settlement
funds.--Notwithstanding paragraph (1), no tax shall be imposed
under this section or any other provision of this subtitle on
any settlement fund to which this section or the regulations
thereunder applies that is established for the principal
purpose of resolving and satisfying present and future claims
relating to asbestos.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 468B(b) of such Code is
amended by striking ``There'' and inserting ``Except as
provided in paragraph (6), there''.
(2) Subsection (g) of section 468B of such Code is amended
by inserting ``(other than subsection (b)(6))'' after ``Nothing
in any provision of law''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after December 31, 2000.
SEC. 2. MODIFY TREATMENT OF ASBESTOS-RELATED NET OPERATING LOSSES.
(a) Asbestos-Related Net Operating Losses.--Subsection (f) of
section 172 of the Internal Revenue Code of 1986 is amended by
redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and
(7), respectively, and by inserting after paragraph (3) the following
new paragraph:
``(4) Special rules for asbestos liability losses.--
``(A) In general.--At the election of the taxpayer,
the portion of any specified liability loss that is
attributable to asbestos may, for purposes of
subsection (b)(1)(C), be carried back to the taxable
year in which the taxpayer, including any predecessor
corporation, was first involved in the production or
distribution of products containing asbestos and each
subsequent taxable year. In determining its specified
liability losses attributable to asbestos, the taxpayer
may elect to take into account payments of related
parties attributable to asbestos-related products
produced or distributed by the taxpayer.
``(B) Coordination with credits.--If a deduction is
allowable for any taxable year by reason of a carryback
described in subparagraph (A)--
``(i) the credits allowable under part IV
(other than subpart C) of subchapter A shall be
determined without regard to such deduction,
and
``(ii) the amount of taxable income taken
into account with respect to the carryback
under subsection (b)(2) for such taxable year
shall be reduced by an amount equal to--
``(I) the increase in the amount of
such credits allowable for such taxable
year solely by reason of clause (i),
divided by
``(II) the maximum rate of tax
under section 1 or 11 (whichever is
applicable) for such taxable year.
``(C) Carryforwards taken into account before
asbestos-related deductions.--For purposes of this
section--
``(i) in determining whether a net
operating loss carryforward may be carried
under subsection (b)(2) to a taxable year,
taxable income for such year shall be
determined without regard to the deductions
referred to in paragraph (1)(A) with respect to
asbestos, and
``(ii) if there is a net operating loss for
such year after taking into account such
carryforwards and deductions, the portion of
such loss attributable to such deductions shall
be treated as a specified liability loss that
is attributable to asbestos.
``(D) Limitation.--The amount of reduction in
income tax liability arising from the election
described in subparagraph (A) that exceeds the amount
of reduction in income tax liability that would have
resulted if the taxpayer utilized the 10-year carryback
period under subsection (b)(1)(C) shall be devoted by
the taxpayer solely to asbestos claimant compensation
and related costs, through a settlement fund or
otherwise.
``(E) Coordination with other carryback
limitations.--The amount of asbestos-related specified
liability loss that may be absorbed in a prior taxable
year (and the amount of refund attributable to such
loss absorption) shall be determined without regard to
any limitation under section 381, 382, or 1502 or the
regulations thereunder.
``(F) Predecessor corporation.--For purposes of
this paragraph, a predecessor corporation shall include
a corporation that transferred or distributed assets to
the taxpayer in a transaction to which section 381(a)
applies or that distributed the stock of the taxpayer
in a transaction to which section 355 applies.''.
(b) Conforming Amendment.--Paragraph (7) of section 172(f) of such
Code, as redesignated by this section, is amended by striking ``10-
year''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after December 31, 2000. | Amends Internal Revenue Code provisions concerning designated settlement funds to exempt from tax any designated settlement fund established for the principal purpose of resolving and satisfying present and future claims relating to asbestos. Sets forth special rules concerning asbestos liability losses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide relief for payment of asbestos-related claims."} | 1,157 | 52 | 0.568712 | 1.391593 | 1.173507 | 3.44186 | 23.860465 | 0.790698 |
SECTION 1. WELLNESS PROGRAM EMPLOYER CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by inserting after section 45Q the following new
section:
``SEC. 45R. WELLNESS PROGRAM EMPLOYER CREDIT.
``(a) General Rule.--For purposes of section 38, the wellness
program employer credit determined under this section for any taxable
year is an amount equal to 30 percent of the expenses paid or incurred
by the eligible employer during the taxable year to develop and
implement a qualified wellness program.
``(b) Dollar Limitation.--The amount of the credit determined under
this section for any taxable year shall not exceed $400 per qualified
employee employed by the eligible employer during the taxable year.
``(c) Definitions.--For purposes of this section--
``(1) Eligible employer.--With respect to a taxable year,
the term `eligible employer' means an employer who--
``(A) develops and implements a qualified wellness
program, and
``(B) keeps accurate records of the preventive
services and other programs in which the eligible
employer's employees have participated during the
taxable year.
``(2) Qualified wellness program.--With respect to an
eligible employer, the term `qualified wellness program' means
a program--
``(A) that is developed and implemented by the
eligible employer, in consultation with an individual
who has implemented a wellness program for a different
employer and who will ensure compliance with
appropriate measures to protect the privacy of program
participants,
``(B) that conducts health risk assessments for
each of the program's participants,
``(C) that offers at least 2 of the preventive
services strongly recommended by the U.S. Preventive
Services Task Force on an annual basis,
``(D) that offers annual counseling sessions and
seminars related to at least 4 of the following:
``(i) smoking,
``(ii) obesity,
``(iii) stress management,
``(iv) physical fitness,
``(v) nutrition,
``(vi) substance abuse,
``(vii) depression,
``(viii) mental health,
``(ix) heart disease, and
``(x) maternal and infant health, and
``(E) whose qualified participants include not less
than 60 percent of the eligible employer's full-time
employees.
``(3) Qualified employee.--With respect to an eligible
employer, the term `qualified employee' means an individual who
is--
``(A) a full-time employee of the eligible
employer, and
``(B) a qualified participant in the eligible
employer's qualified wellness program.
``(4) Qualified participant.--With respect to a taxable
year, the term `qualified participant' means an individual--
``(A) who participates in at least 4 of the annual
preventive services or other programs offered through a
qualified wellness program during the taxable year, and
``(B) with respect to whom a health risk assessment
has been conducted during the taxable year,
as determined by the eligible employer who has developed and
implemented such qualified wellness program.
``(d) Termination.--This section shall not apply in taxable years
beginning after December 31, 2014.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (34), by striking the period
at the end of paragraph (35) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(36) the wellness program employer credit determined
under section 45R(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 45Q the following new item:
``Sec. 45R. Wellness program employer credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 2. WELLNESS PROGRAM PARTICIPANT CREDIT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. WELLNESS PROGRAM PARTICIPANT CREDIT.
``(a) Allowance of Credit.--In the case of a qualified employee,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to $400.
``(b) Definitions.--For purposes of this section--
``(1) Qualified employee.--With respect to an eligible
employer, the term `qualified employee' means an individual who
is--
``(A) a full-time employee of the eligible
employer, and
``(B) a qualified participant in the eligible
employer's qualified wellness program.
``(2) Qualified participant.--With respect to a taxable
year, the term `qualified participant' means an individual--
``(A) who participates in at least 4 of the annual
preventive services or other programs offered through a
qualified wellness program during the taxable year, and
``(B) with respect to whom a health risk assessment
has been conducted during the taxable year,
as determined by the eligible employer who has developed and
implemented such qualified wellness program.
``(3) Qualified wellness program.--With respect to an
eligible employer, the term `qualified wellness program' means
a program--
``(A) that is developed and implemented by the
eligible employer, in consultation with an individual
who has implemented a wellness program for a different
employer and who will ensure compliance with
appropriate measures to protect the privacy of program
participants,
``(B) that conducts health risk assessments for
each of the program's participants,
``(C) that offers at least 2 of the preventive
services strongly recommended by the U.S. Preventive
Services Task Force on an annual basis,
``(D) that offers annual counseling sessions and
seminars related to at least 4 of the following:
``(i) smoking,
``(ii) obesity,
``(iii) stress management,
``(iv) physical fitness,
``(v) nutrition,
``(vi) substance abuse,
``(vii) depression,
``(viii) mental health,
``(ix) heart disease, and
``(x) maternal and infant health, and
``(E) whose qualified participants include not less
than 60 percent of the eligible employer's full-time
employees.
``(4) Eligible employer.--With respect to a taxable year,
the term `eligible employer' means an employer who--
``(A) develops and implements a qualified wellness
program, and
``(B) keeps accurate records of the preventive
services and other programs in which the eligible
employer's employees have participated during the
taxable year.
``(c) Termination.--This section shall not apply in taxable years
beginning after December 31, 2014.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Wellness program participant credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to allow employers a tax credit to develop and implement a wellness program that: (1) conducts health risk assessments for each program participant; (2) offers annually at least two preventive services recommended by the U.S. Preventive Services Task Force; (3) offers annual counseling sessions and seminars on preventive health topics; and (4) includes as participants not less than 60% of an employer's full-time employees. Provides an additional tax credit for full-time employees who participate in their employer's qualified wellness program. Terminates such credits after 2014. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives for employer-provided wellness programs."} | 1,763 | 120 | 0.589882 | 1.529904 | 0.594866 | 2.428571 | 14.392857 | 0.857143 |
SECTION 1. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS MAY BE USED
WITHOUT PENALTY TO PURCHASE FIRST HOMES.
(a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to exceptions to 10-percent additional
tax on early distributions from qualified retirement plans) is amended
by adding at the end thereof the following new subparagraph:
``(D) Distributions from certain plans for first
home purchases.--Distributions to an individual from an
individual retirement plan which are qualified first-
time homebuyer distributions (as defined in paragraph
(6)).''
(b) Qualified First-time Homebuyer Distributions.--Section 72(t) of
such Code is amended by adding at the end thereof the following new
paragraph:
``(6) Qualified first-time homebuyer distributions.--For
purposes of paragraph (2)(D)--
``(A) In general.--The term `qualified first-time
homebuyer distribution' means any payment or
distribution received by an individual to the extent
such payment or distribution is used by the individual
before the close of the 60th day after the day on which
such payment or distribution is received to pay
qualified acquisition costs with respect to a principal
residence of a first-time homebuyer who is such
individual or the spouse, child, or grandchild of such
individual.
``(B) Qualified acquisition costs.--For purposes of
this paragraph, the term `qualified acquisition costs'
means the costs of acquiring, constructing, or
reconstructing a residence. Such term includes any
usual or reasonable settlement, financing, or other
closing costs.
``(C) First-time homebuyer; other definitions.--For
purposes of this paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' means any individual
if--
``(I) such individual (and if
married, such individual's spouse) had
no present ownership interest in a
principal residence during the 3-year
period ending on the date of
acquisition of the principal residence
to which this paragraph applies, and
``(II) subsection (a)(6), (h), or
(k) of section 1034 did not suspend the
running of any period of time specified
in section 1034 with respect to such
individual on the day before the date
the distribution is applied pursuant to
subparagraph (A)(ii).
``(ii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(iii) Date of acquisition.--The term
`date of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (A) applies is
entered into, or
``(II) on which construction or
reconstruction of such a principal
residence is commenced.
``(D) Special rule where delay in acquisition.--If
any distribution from any individual retirement plan
fails to meet the requirements of subparagraph (A)
solely by reason of a delay or cancellation of the
purchase or construction of the residence, the amount
of the distribution may be contributed to an individual
retirement plan as provided in section 408(d)(3)(A)(i)
(determined by substituting `120 days' for `60 days' in
such section), except that--
``(i) section 408(d)(3)(B) shall not be
applied to such contribution, and
``(ii) such amount shall not be taken into
account in determining whether section
408(d)(3)(A)(i) applies to any other amount.''
(c) Effective Date.--The amendments made by this section shall
apply to payments and distributions after the date of the enactment of
this Act. | Amends the Internal Revenue Code to allow penalty-free withdrawals from individual retirement plans if used within 60 days for the acquisition of a principal residence for a first-time homebuyer. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permit penalty-free withdrawals from individual retirement plans for the acquisition of a first home."} | 868 | 43 | 0.531258 | 1.270204 | 0.054706 | 2.088235 | 21.941176 | 0.852941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to Minority Women Health
Act''.
SEC. 2. EXCEPTION TO AFDC INCOME AND RESOURCES ATTRIBUTION RULE FOR
CERTAIN BATTERED ALIENS.
(a) In General.--Section 415(f) of the Social Security Act (42
U.S.C. 615(f)) is amended--
(1) in the matter preceding paragraph (1), by striking
``who is--'' and inserting ``who--'';
(2) in each of paragraphs (1) and (2), by inserting ``is''
before ``admitted'';
(3) in paragraph (3), by inserting ``is'' before
``paroled'';
(4) in paragraph (4)--
(A) by inserting ``is'' before ``granted''; and
(B) by striking ``or'' at the end;
(5) in paragraph (5)--
(A) by inserting ``is'' before ``a Cuban''; and
(B) by striking the period at the end and inserting
a semicolon; and
(6) by adding at the end the following:
``(6) is battered by, or is the subject of extreme cruelty
(including physical acts resulting in physical injury or a
threat of physical injury, sexual abuse, rape, or mental abuse)
perpetrated by, the spouse or other person who executed the
affidavit of support or similar agreement referred to in
subsection (a) with respect to the alien, but only after the
first day on which the battery or cruelty occurs after the
alien enters into the United States; or
``(7) is a dependent child, and a relative with whom the
child is living is battered by, or is the subject of extreme
cruelty (including physical acts resulting in physical injury
or a threat of physical injury, sexual abuse, rape, or mental
abuse) perpetrated by, the parent or other person who executed
the affidavit of support or similar agreement referred to in
subsection (a) with respect to the alien, but only after the
first day on which the battery or cruelty occurs after the
alien enters into the United States.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act.
SEC. 3. AMENDMENT TO THE FOOD STAMP ACT OF 1977.
(a) In General.--Section 5(i) of the Food Stamp Act of 1977 (7
U.S.C. 2014(i)) is amended by adding at the end the following:
``(F) If an alien is battered by the alien's sponsor, or is the
subject of extreme cruelty perpetrated by the sponsor, after such alien
enters the United States, then after the date the battery or cruelty
occurs, this subsection (other than subparagraph (E) of paragraph (2))
shall not apply with respect to such alien and to any child of such
alien less than 18 years of age and residing with such alien.''.
(b) The amendment made by subsection (a) shall take effect 90 days
after the date of the enactment of this Act.
SEC. 4. REQUIRING CERTAIN RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE TO
HAVE PERSONNEL AVAILABLE WHO SPEAK PREDOMINANT LANGUAGE
USED IN AREA.
(a) Providers of Obstetrical and Gynecological Services.--
(1) Medicaid.--Section 1903(i) of the Social Security Act
(42 U.S.C. 1396b(i)) is amended--
(A) by striking ``or'' at the end of paragraph
(14);
(B) by striking the period at the end of paragraph
(15) and inserting ``; or''; and
(C) by inserting after paragraph (15) the following
new paragraph:
``(16) with respect to any amount expended for obstetrical
or gynecological services furnished by or through a hospital,
clinic, or other institutional provider, unless the hospital,
clinic, or provider has available at least one individual who
is able to communicate in the predominant language used by
residents of the area in which the hospital, clinic, or
provider is located (as determined by the Secretary on the
basis of information provided by the Secretary of Commerce
pursuant to the most recent decennial census).''.
(2) Family planning services.--Section 1001 of the Public
Health Service Act (42 U.S.C. 300) is amended--
(A) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(B) by inserting after subsection (b) the following
subsection:
``(c) The Secretary may make a grant under this section only if the
applicant involved agrees to ensure that, of the individuals providing
services under the grant, at least one will be an individual who is
able to communicate in the predominant language used by residents of
the area in which the family planning project involved is located (as
determined by the Secretary on the basis of information provided by the
Secretary of Commerce pursuant to the most recent decennial census).''.
(3) Effective date.--The amendments made by this subsection
shall apply to services furnished on or after October 1, 1996.
(b) Domestic Violence Shelters.--
(1) In general.--The Family Violence Prevention and
Services Act (42 U.S.C. 10401 et seq.) is amended by adding at
the end the following new section:
``SEC. 319. AVAILABILITY OF BILINGUAL SERVICES.
``No funds may be made available under this title for any provider
of shelter or related assistance unless the provider has available at
least one individual who is able to communicate in the predominant
language used by residents of the area in which the provider is located
(as determined by the Secretary on the basis of information provided by
the Secretary of Commerce pursuant to the most recent decennial
census).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to funds made available on or after October 1,
1996.
SEC. 5. STUDY REGARDING DOMESTIC VIOLENCE AND LATINA WOMEN.
(a) In General.--With respect to cases of domestic violence in
which Latina women are the victims, the Secretary of Health and Human
Services, in consultation with the Attorney General of the United
States, shall conduct a study for the following purposes:
(1) To determine the incidence of such cases, and to
provide a comparison of such estimate with the relevant
incidence for other populations of women (utilizing existing
data regarding such other populations).
(2) To determine whether and to what extent the causes and
effects for such cases are different than for cases of domestic
violence in which other populations of women are the victims
(utilizing existing data regarding such other populations).
(b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall submit to
the Congress a report describing the findings made in the study under
subsection (a). | Fairness to Minority Women Health Act - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act and the Food Stamp Act of 1977 to exempt aliens and their children from provisions attributing to the alien the income and resources of the sponsor and the sponsor's spouse if the alien is battered by, or the subject of extreme cruelty by, the person who executed the affidavit of support or similar agreement regarding the alien.
Amends title XIX (Medicaid) of the Social Security Act to prohibit payments to States for obstetrical or gynecological services unless the hospital, clinic, or provider has available at least one individual who is able to communicate in the predominant language used by residents of the area. Amends the Public Health Service Act to allow grants (under existing provisions) for family planning projects only if the service providers under the grant have at least one such individual. Amends the Family Violence Prevention and Services Act to prohibit making funds available under the Act unless providers of shelter or related assistance have at least one such individual.
Mandates a study and report regarding domestic violence in which Latina women are the victims. | {"src": "billsum_train", "title": "Fairness to Minority Women Health Act"} | 1,624 | 271 | 0.481618 | 1.510077 | 0.787681 | 3.21875 | 6.446429 | 0.870536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marketplace Fairness Act of 2013''.
SEC. 2. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES.
(a) Streamlined Sales and Use Tax Agreement.--Each Member State
under the Streamlined Sales and Use Tax Agreement is authorized to
require all sellers not qualifying for the small seller exception
described in subsection (c) to collect and remit sales and use taxes
with respect to remote sales sourced to that Member State pursuant to
the provisions of the Streamlined Sales and Use Tax Agreement, but only
if any changes to the Streamlined Sales and Use Tax Agreement made
after the date of the enactment of this Act are not in conflict with
the minimum simplification requirements in subsection (b)(2). A State
may exercise authority under this Act beginning 180 days after the
State publishes notice of the State's intent to exercise the authority
under this Act, but no earlier than the first day of the calendar
quarter that is at least 180 days after the date of the enactment of
this Act.
(b) Alternative.--A State that is not a Member State under the
Streamlined Sales and Use Tax Agreement is authorized notwithstanding
any other provision of law to require all sellers not qualifying for
the small seller exception described in subsection (c) to collect and
remit sales and use taxes with respect to remote sales sourced to that
State, but only if the State adopts and implements the minimum
simplification requirements in paragraph (2). Such authority shall
commence beginning no earlier than the first day of the calendar
quarter that is at least 6 months after the date that the State--
(1) enacts legislation to exercise the authority granted by
this Act--
(A) specifying the tax or taxes to which such
authority and the minimum simplification requirements
in paragraph (2) shall apply; and
(B) specifying the products and services otherwise
subject to the tax or taxes identified by the State
under subparagraph (A) to which the authority of this
Act shall not apply; and
(2) implements each of the following minimum simplification
requirements:
(A) Provide--
(i) a single entity within the State
responsible for all State and local sales and
use tax administration, return processing, and
audits for remote sales sourced to the State;
(ii) a single audit of a remote seller for
all State and local taxing jurisdictions within
that State; and
(iii) a single sales and use tax return to
be used by remote sellers to be filed with the
single entity responsible for tax
administration.
A State may not require a remote seller to file sales
and use tax returns any more frequently than returns
are required for nonremote sellers or impose
requirements on remote sellers that the State does not
impose on nonremote sellers with respect to the
collection of sales and use taxes under this Act. No
local jurisdiction may require a remote seller to
submit a sales and use tax return or to collect sales
and use taxes other than as provided by this paragraph.
(B) Provide a uniform sales and use tax base among
the State and the local taxing jurisdictions within the
State pursuant to paragraph (1).
(C) Source all remote sales in compliance with the
sourcing definition set forth in section 4(7).
(D) Provide--
(i) information indicating the taxability
of products and services along with any product
and service exemptions from sales and use tax
in the State and a rates and boundary database;
(ii) software free of charge for remote
sellers that calculates sales and use taxes due
on each transaction at the time the transaction
is completed, that files sales and use tax
returns, and that is updated to reflect rate
changes as described in subparagraph (H); and
(iii) certification procedures for persons
to be approved as certified software providers.
For purposes of clause (iii), the software provided by
certified software providers shall be capable of
calculating and filing sales and use taxes in all
States qualified under this Act.
(E) Relieve remote sellers from liability to the
State or locality for the incorrect collection,
remittance, or noncollection of sales and use taxes,
including any penalties or interest, if the liability
is the result of an error or omission made by a
certified software provider.
(F) Relieve certified software providers from
liability to the State or locality for the incorrect
collection, remittance, or noncollection of sales and
use taxes, including any penalties or interest, if the
liability is the result of misleading or inaccurate
information provided by a remote seller.
(G) Relieve remote sellers and certified software
providers from liability to the State or locality for
incorrect collection, remittance, or noncollection of
sales and use taxes, including any penalties or
interest, if the liability is the result of incorrect
information or software provided by the State.
(H) Provide remote sellers and certified software
providers with 90 days notice of a rate change by the
State or any locality in the State and update the
information described in subparagraph (D)(i)
accordingly and relieve any remote seller or certified
software provider from liability for collecting sales
and use taxes at the immediately preceding effective
rate during the 90-day notice period if the required
notice is not provided.
(c) Small Seller Exception.--A State is authorized to require a
remote seller to collect sales and use taxes under this Act only if the
remote seller has gross annual receipts in total remote sales in the
United States in the preceding calendar year exceeding $1,000,000. For
purposes of determining whether the threshold in this section is met,
the gross annual receipts from remote sales of 2 or more persons shall
be aggregated if--
(1) such persons are related to the remote seller within
the meaning of subsections (b) and (c) of section 267 or
section 707(b)(1) of the Internal Revenue Code of 1986; or
(2) such persons have 1 or more ownership relationships and
such relationships were designed with a principal purpose of
avoiding the application of these rules.
SEC. 3. LIMITATIONS.
(a) In General.--Nothing in this Act shall be construed as--
(1) subjecting a seller or any other person to franchise,
income, occupation, or any other type of taxes, other than
sales and use taxes;
(2) affecting the application of such taxes; or
(3) enlarging or reducing State authority to impose such
taxes.
(b) No Effect on Nexus.--This Act shall not be construed to create
any nexus or alter the standards for determining nexus between a person
and a State or locality.
(c) No Effect on Seller Choice.--Nothing in this Act shall be
construed to deny the ability of a remote seller to deploy and utilize
a certified software provider of the seller's choice.
(d) Licensing and Regulatory Requirements.--Nothing in this Act
shall be construed as permitting or prohibiting a State from--
(1) licensing or regulating any person;
(2) requiring any person to qualify to transact intrastate
business;
(3) subjecting any person to State or local taxes not
related to the sale of products or services; or
(4) exercising authority over matters of interstate
commerce.
(e) No New Taxes.--Nothing in this Act shall be construed as
encouraging a State to impose sales and use taxes on any products or
services not subject to taxation prior to the date of the enactment of
this Act.
(f) No Effect on Intrastate Sales.--The provisions of this Act
shall apply only to remote sales and shall not apply to intrastate
sales or intrastate sourcing rules. States granted authority under
section 2(a) shall comply with all intrastate provisions of the
Streamlined Sales and Use Tax Agreement.
(g) No Effect on Mobile Telecommunications Sourcing Act.--Nothing
in this Act shall be construed as altering in any manner or preempting
the Mobile Telecommunications Sourcing Act (4 U.S.C. 116-126).
SEC. 4. DEFINITIONS AND SPECIAL RULES.
In this Act:
(1) Certified software provider.--The term ``certified
software provider'' means a person that--
(A) provides software to remote sellers to
facilitate State and local sales and use tax compliance
pursuant to section 2(b)(2)(D)(ii); and
(B) is certified by a State to so provide such
software.
(2) Locality; local.--The terms ``locality'' and ``local''
refer to any political subdivision of a State.
(3) Member state.--The term ``Member State''--
(A) means a Member State as that term is used under
the Streamlined Sales and Use Tax Agreement as in
effect on the date of the enactment of this Act; and
(B) does not include any associate member under the
Streamlined Sales and Use Tax Agreement.
(4) Person.--The term ``person'' means an individual,
trust, estate, fiduciary, partnership, corporation, limited
liability company, or other legal entity, and a State or local
government.
(5) Remote sale.--The term ``remote sale'' means a sale
into a State, as determined under the sourcing rules under
paragraph (7), in which the seller would not legally be
required to pay, collect, or remit State or local sales and use
taxes unless provided by this Act.
(6) Remote seller.--The term ``remote seller'' means a
person that makes remote sales in the State.
(7) Sourced.--For purposes of a State granted authority
under section 2(b), the location to which a remote sale is
sourced refers to the location where the product or service
sold is received by the purchaser, based on the location
indicated by instructions for delivery that the purchaser
furnishes to the seller. When no delivery location is
specified, the remote sale is sourced to the customer's address
that is either known to the seller or, if not known, obtained
by the seller during the consummation of the transaction,
including the address of the customer's payment instrument if
no other address is available. If an address is unknown and a
billing address cannot be obtained, the remote sale is sourced
to the address of the seller from which the remote sale was
made. A State granted authority under section 2(a) shall comply
with the sourcing provisions of the Streamlined Sales and Use
Tax Agreement.
(8) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States, and any tribal
organization (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)).
(9) Streamlined sales and use tax agreement.--The term
``Streamlined Sales and Use Tax Agreement'' means the multi-
State agreement with that title adopted on November 12, 2002,
as in effect on the date of the enactment of this Act and as
further amended from time to time.
SEC. 5. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act and the application of the provisions of such to
any person or circumstance shall not be affected thereby.
SEC. 6. PREEMPTION.
Except as otherwise provided in this Act, this Act shall not be
construed to preempt or limit any power exercised or to be exercised by
a State or local jurisdiction under the law of such State or local
jurisdiction or under any other Federal law.
Passed the Senate May 6, 2013.
Attest:
NANCY ERICKSON,
Secretary. | Marketplace Fairness Act of 2013 - (Sec. 2) Authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multi-state agreement for the administration and collection of sales and use taxes, adopted on November 12, 2002) to require all sellers not qualifying for the small-seller exception (applicable to remote sellers with annual gross receipts in total U.S. remote sales not exceeding $1 million in the preceding calendar year) to collect and remit sales and use taxes for remote sales under the provisions of the Agreement, but only if such Agreement complies with the minimum simplification requirements relating to the administration of such taxes, audits, and streamlined filing set forth by this Act. Authorizes any such state to exercise its authority under this Act beginning 180 days after publication of its intent to exercise such authority, but not earlier than the first day of the calendar quarter that is at least 180 days after the enactment of this Act. Allows a state that does not participate in the Streamlined Sales and Use Tax Agreement (non-member state) to collect and remit sales taxes if such state adopts and implements the minimum simplification requirements of this Act. Provides that such taxing authority shall commence no sooner than six months after such state: enacts legislation to specify the tax or taxes to which the simplification requirements apply; specifies the products and services otherwise subject to such taxes that would be exempt; implements minimum simplification requirements, including providing a single entity within the state responsible for all state and local sales and use tax administration, a single audit and tax return for all state and local jurisdictions, and a uniform sales and use tax base for all state and local taxing jurisdictions; adopts a uniform rule for sourcing all remote sales; provides information indicating the taxability of products and services and exemptions from tax; provides free software for remote sellers that calculates sales and use taxes, files tax returns, and updates tax rate changes; exempts remote sellers and certified software providers from liability for incorrect collection, remittance, or noncollection of sales and use taxes; and provides remote sellers and certified software providers with 90 days' notice of tax rate changes. (Sec. 3) Declares that nothing in this Act shall be construed to: subject a seller or any other person to franchise, income, occupation, or any other type of taxes, other than sales taxes, affect the application of such taxes, or enlarge or reduce state authority to impose such taxes; create any nexus or alter the standards for determining nexus between a person and a state or locality; deny the ability of a remote seller to deploy and utilize a certified software provider of the seller's choice; permit or prohibit a state from licensing or regulating any person, requiring any person to qualify to transact intrastate business, subjecting any person to state or local taxes not related to the sale of products or services, or exercising authority over matters of interstate commerce; encourage a state to impose sales and use taxes on any products or services not subject to taxation prior to the enactment of this Act; and alter or preempt the Mobile Telecommunications Sourcing Act. (Sec. 4) Sets forth definitions used in this Act, including defining "remote sale" to mean the sale of goods or services into a state in which the seller would not legally be required to pay, collect, or remit state or local sales and use taxes unless provided by this Act. Sets forth rules for determining the source of a remote sale (i.e., the location where the product or service sold is received by the purchaser). (Sec. 6) Declares that nothing in this Act shall be construed to preempt or limit any power exercised or to be exercised by a state or local jurisdiction or under federal law. | {"src": "billsum_train", "title": "Marketplace Fairness Act of 2013"} | 2,639 | 866 | 0.777737 | 2.667314 | 0.821588 | 4.788828 | 3.277929 | 0.919619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Tax Competitiveness
Act of 2010''.
SEC. 2. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE
UNITED STATES AS DOMESTIC CORPORATIONS.
(a) In General.--Section 7701 of the Internal Revenue Code of 1986
(relating to definitions) is amended by redesignating subsection (p) as
subsection (q) and by inserting after subsection (o) the following new
subsection:
``(p) Certain Corporations Managed and Controlled in the United
States Treated as Domestic for Income Tax.--
``(1) In general.--Notwithstanding subsection (a)(4), in
the case of a corporation described in paragraph (2) if--
``(A) the corporation would not otherwise be
treated as a domestic corporation for purposes of this
title, but
``(B) the management and control of the corporation
occurs, directly or indirectly, primarily within the
United States,
then, solely for purposes of chapter 1 (and any other provision
of this title relating to chapter 1), the corporation shall be
treated as a domestic corporation.
``(2) Corporation described.--
``(A) In general.--A corporation is described in
this paragraph if--
``(i) the stock of such corporation is
regularly traded on an established securities
market, or
``(ii) the aggregate gross assets of such
corporation (or any predecessor thereof),
including assets under management for
investors, whether held directly or indirectly,
at any time during the taxable year or any
preceding taxable year is $50,000,000 or more.
``(B) General exception.--A corporation shall not
be treated as described in this paragraph if--
``(i) such corporation was treated as a
corporation described in this paragraph in a
preceding taxable year,
``(ii) such corporation--
``(I) is not regularly traded on an
established securities market, and
``(II) has, and is reasonably
expected to continue to have, aggregate
gross assets (including assets under
management for investors, whether held
directly or indirectly) of less than
$50,000,000, and
``(iii) the Secretary grants a waiver to
such corporation under this subparagraph.
``(C) Exception from gross assets test.--
Subparagraph (A)(ii) shall not apply to a corporation
which is a controlled foreign corporation (as defined
in section 957) and which is a member of an affiliated
group (as defined section 1504, but determined without
regard to section 1504(b)(3)) the common parent of
which--
``(i) is a domestic corporation (determined
without regard to this subsection), and
``(ii) has substantial assets (other than
cash and cash equivalents and other than stock
of foreign subsidiaries) held for use in the
active conduct of a trade or business in the
United States.
``(3) Management and control.--
``(A) In general.--The Secretary shall prescribe
regulations for purposes of determining cases in which
the management and control of a corporation is to be
treated as occurring primarily within the United
States.
``(B) Executive officers and senior management.--
Such regulations shall provide that--
``(i) the management and control of a
corporation shall be treated as occurring
primarily within the United States if
substantially all of the executive officers and
senior management of the corporation who
exercise day-to-day responsibility for making
decisions involving strategic, financial, and
operational policies of the corporation are
located primarily within the United States, and
``(ii) individuals who are not executive
officers and senior management of the
corporation (including individuals who are
officers or employees of other corporations in
the same chain of corporations as the
corporation) shall be treated as executive
officers and senior management if such
individuals exercise the day-to-day
responsibilities of the corporation described
in clause (i).
``(C) Corporations primarily holding investment
assets.--Such regulations shall also provide that the
management and control of a corporation shall be
treated as occurring primarily within the United States
if--
``(i) the assets of such corporation
(directly or indirectly) consist primarily of
as sets being managed on behalf of investors,
and
``(ii) decisions about how to invest the
assets are made in the United States.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning on or after the date which is 2 years
after the date of the enactment of this Act.
SEC. 3. CURRENT TAXATION OF ROYALTIES AND OTHER INCOME FROM INTANGIBLES
RECEIVED FROM A CONTROLLED FOREIGN CORPORATION.
(a) Repeal of Look-Thru Rule for Royalties Received From Controlled
Foreign Corporations.--Paragraph (6) of section 954(c) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``rents, and royalties'' in subparagraph
(A) and inserting ``and rents'', and
(2) by striking ``, rent, or royalty'' both places it
appears in subparagraph (B) and inserting ``or rent''.
(b) Entities Not Permitted To Be Disregarded in Determining
Royalties.--Subsection (c) of section 954 of such Code is amended by
adding at the end the following new paragraph:
``(7) All royalties taken into account.--For purposes of
determining the foreign personal holding company income which
consists of royalties, this subsection shall be applied without
regard to any election to disregard any entity which would be
taken into account for Federal income tax purposes but for such
election.''.
(c) Certain Other Income Derived From United States Intangibles
Taken Into Account as Subpart F Income.--Subsection (d) of section 954
of such Code is amended by adding at the end the following new
paragraph:
``(5) Special rule for certain products produced pursuant
to intangibles made available by united states persons.--For
purposes of this subsection, personal property shall be treated
as having been purchased from a related person if any
intangible property (within the meaning of section
936(h)(3)(B)) made available to a controlled foreign
corporation, directly or indirectly, by a related person which
is a United States person contributes, directly or indirectly,
to the production of such personal property by the controlled
foreign corporation. The preceding sentence shall not apply to
any personal property produced directly by the controlled
foreign corporation, without regard to any election to
disregard any entity which would be taken into account for
Federal income tax purposes but for such election.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after December
31, 2010, and to taxable years of United States shareholders within
which or with which such tax years of such foreign corporations end.
SEC. 4. REPEAL OF SPECIAL RULES FOR INTEREST AND DIVIDENDS RECEIVED
FROM PERSONS MEETING THE 80-PERCENT FOREIGN BUSINESS
REQUIREMENTS.
(a) Repeal of Special Rules for Interest as United States Source.--
Paragraph (1) of section 861(a) of the Internal Revenue Code of 1986 is
amended by striking subparagraph (A) and by redesignating subparagraphs
(B) and (C) as subparagraphs (A) and (B), respectively.
(b) Repeal of Exception To Tax on Dividends Received by Nonresident
Aliens and Foreign Corporations.--Paragraph (2) of section 871(i) of
such Code is amended by striking subparagraph (B) and by redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.
(c) Conforming Amendments.--
(1) Section 861 of such Code is amended by striking
subsection (c) and by redesignating subsections (d), (e), and
(f) as subsections (c), (d), and (e), respectively.
(2) Paragraph (9) of section 904(h) of such Code is amended
to read as follows:
``(9) Treatment of certain domestic corporations.--In the
case of any dividend treated as not from sources with the
United States under section 861(a)(2)(A), the corporation
paying such dividend shall be treated for purposes of this
subsection as a United States-owned foreign corporation.''.
(3) Subsection (c) of section 2104 of such Code is amended
in the last sentence by striking ``or to a debt obligation of a
domestic corporation'' and all that follows and inserting a
period.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
SEC. 5. TAXATION OF BOOT RECEIVED IN CERTAIN REORGANIZATIONS INVOLVING
FOREIGN CORPORATIONS.
(a) In General.--Paragraph (2) of section 356(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(2) Treatment as dividend.--
``(A) In general.--The sum of such money and the
fair market value of such other property received by
the taxpayer in the exchange shall be treated as a
dividend to the extent it would be so treated if such
money and other property had been distributed to the
taxpayer by the corporation immediately after the
exchange in redemption of stock having a fair market
value equal to the amount of such sum.
``(B) Coordination with paragraph (1).--Gain shall
be recognized under paragraph (1) only to the extent
the amount which would be recognized under such
paragraph without regard to this paragraph exceeds the
amount treated as a dividend under subparagraph (A).
``(C) Regulations.--The Secretary shall prescribe
such regulations as may be necessary to carry out the
purposes of this paragraph, including regulations to
address interactions between this subchapter and
subchapter N.''.
(b) Effective Date.--The amendment made by this section shall apply
to exchanges after December 31, 2010. | International Tax Competitiveness Act of 2010 - Amends the Internal Revenue Code to: (1) treat foreign corporations that are managed, directly or indirectly, within the United States as domestic corporations for U.S. tax purposes; (2) make certain royalty income and income from intangibles received from a controlled foreign corporation subject to U.S. taxation; (3) repeal tax rules exempting foreign source income attributable to the active conduct of a foreign trade or business from withholding of tax requirements; and (4) revise the tax treatment of property other than stock (i.e., boot) received in connection with a corporate reorganization to provide that such property shall be treated as a taxable dividend. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce international tax avoidance and restore a level playing field for American businesses."} | 2,269 | 153 | 0.505781 | 1.323681 | 0.73773 | 2.181102 | 16.023622 | 0.858268 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Health Workers Act of
2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Chronic diseases, defined as any condition that
requires regular medical attention or medication, are the
leading cause of death and disability for women in the United
States across racial and ethnic groups.
(2) According to the National Vital Statistics Report of
2001, the 5 leading causes of death among Hispanic, American
Indian, and African-American women are heart disease, cancer,
diabetes, cerebrovascular disease, and unintentional injuries.
(3) Unhealthy behaviors alone lead to more than 50 percent
of premature deaths in the United States.
(4) Poor diet, physical inactivity, tobacco use, and
alcohol and drug abuse are the health risk behaviors that most
often lead to disease, premature death, and disability, and are
particularly prevalent among many groups of minority women.
(5) Over 60 percent of Hispanic and African-American women
are classified as overweight and over 30 percent are classified
as obese. Over 60 percent of American Indian women are
classified as obese.
(6) American Indian women have the highest mortality rates
related to alcohol and drug use of all women in the United
States.
(7) High poverty rates coupled with barriers to health
preventive services and medical care contribute to racial and
ethnic disparities in health factors, including premature
death, life expectancy, risk factors associated with major
diseases, and the extent and severity of illnesses.
(8) There is increasing evidence that early life
experiences are associated with adult chronic disease and that
prevention and intervention services provided within the
community and the home may lessen the impact of chronic
outcomes, while strengthening families and communities.
(9) Community health workers, who are primarily women, can
be a critical component in conducting health promotion and
disease prevention efforts in medically underserved
populations.
(10) Recognizing the difficult barriers confronting
medically underserved communities (poverty, geographic
isolation, language and cultural differences, lack of
transportation, low literacy, and lack of access to services),
community health workers are in a unique position to reduce
preventable morbidity and mortality, improve the quality of
life, and increase the utilization of available preventive
health services for community members.
(11) Research has shown that community health workers have
been effective in significantly increasing screening and
medical follow-up visits among residents with limited access or
underutilization of health care services.
(12) States on the United States-Mexico border have high
percentages of impoverished and ethnic minority populations:
border States accommodate 60 percent of the total Hispanic
population and 23 percent of the total population below 200
percent poverty in the United States.
SEC. 3. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399O. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN.
``(a) Grants Authorized.--The Secretary, in collaboration with the
Director of the Centers for Disease Control and Prevention and other
Federal officials determined appropriate by the Secretary, is
authorized to award grants to States or local or tribal units, to
promote positive health behaviors for women in target populations,
especially racial and ethnic minority women in medically underserved
communities.
``(b) Use of Funds.--Grants awarded pursuant to subsection (a) may
be used to support community health workers--
``(1) to educate, guide, and provide outreach in a
community setting regarding health problems prevalent among
women and especially among racial and ethnic minority women;
``(2) to educate, guide, and provide experiential learning
opportunities that target behavioral risk factors including--
``(A) poor nutrition;
``(B) physical inactivity;
``(C) being overweight or obese;
``(D) tobacco use;
``(E) alcohol and substance use;
``(F) injury and violence;
``(G) risky sexual behavior; and
``(H) mental health problems;
``(3) to educate and guide regarding effective strategies
to promote positive health behaviors within the family;
``(4) to educate and provide outreach regarding enrollment
in health insurance including the State Children's Health
Insurance Program under title XXI of the Social Security Act,
medicare under title XVIII of such Act, and medicaid under
title XIX of such Act;
``(5) to promote community wellness and awareness; and
``(6) to educate and refer target populations to
appropriate health care agencies and community-based programs
and organizations in order to increase access to quality health
care services, including preventive health services.
``(c) Application.--
``(1) In general.--Each State or local or tribal unit
(including federally recognized tribes and Alaska native
villages) that desires to receive a grant under subsection (a)
shall submit an application to the Secretary, at such time, in
such manner, and accompanied by such additional information as
the Secretary may require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the activities for which assistance
under this section is sought;
``(B) contain an assurance that with respect to
each community health worker program receiving funds
under the grant awarded, such program provides training
and supervision to community health workers to enable
such workers to provide authorized program services;
``(C) contain an assurance that the applicant will
evaluate the effectiveness of community health worker
programs receiving funds under the grant;
``(D) contain an assurance that each community
health worker program receiving funds under the grant
will provide services in the cultural context most
appropriate for the individuals served by the program;
``(E) contain a plan to document and disseminate
project description and results to other States and
organizations as identified by the Secretary; and
``(F) describe plans to enhance the capacity of
individuals to utilize health services and health-
related social services under Federal, State, and local
programs by--
``(i) assisting individuals in establishing
eligibility under the programs and in receiving
the services or other benefits of the programs;
and
``(ii) providing other services as the
Secretary determines to be appropriate, that
may include transportation and translation
services.
``(d) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to those applicants--
``(1) who propose to target geographic areas--
``(A) with a high percentage of residents who are
eligible for health insurance but are uninsured or
underinsured;
``(B) with a high percentage of families for whom
English is not their primary language; and
``(C) that encompass the United States-Mexico
border region;
``(2) with experience in providing health or health-related
social services to individuals who are underserved with respect
to such services; and
``(3) with documented community activity and experience
with community health workers.
``(e) Collaboration With Academic Institutions.--The Secretary
shall encourage community health worker programs receiving funds under
this section to collaborate with academic institutions. Nothing in this
section shall be construed to require such collaboration.
``(f) Quality Assurance and Cost-Effectiveness.--The Secretary
shall establish guidelines for assuring the quality of the training and
supervision of community health workers under the programs funded under
this section and for assuring the cost-effectiveness of such programs.
``(g) Monitoring.--The Secretary shall monitor community health
worker programs identified in approved applications and shall determine
whether such programs are in compliance with the guidelines established
under subsection (f).
``(h) Technical Assistance.--The Secretary may provide technical
assistance to community health worker programs identified in approved
applications with respect to planning, developing, and operating
programs under the grant.
``(i) Report to Congress.--
``(1) In general.--Not later than 4 years after the date on
which the Secretary first awards grants under subsection (a),
the Secretary shall submit to Congress a report regarding the
grant project.
``(2) Contents.--The report required under paragraph (1)
shall include the following:
``(A) A description of the programs for which grant
funds were used.
``(B) The number of individuals served.
``(C) An evaluation of--
``(i) the effectiveness of these programs;
``(ii) the cost of these programs; and
``(iii) the impact of the project on the
health outcomes of the community residents.
``(D) Recommendations for sustaining the community
health worker programs developed or assisted under this
section.
``(E) Recommendations regarding training to enhance
career opportunities for community health workers.
``(j) Definitions.--In this section:
``(1) Community health worker.--The term `community health
worker' means an individual who promotes health or nutrition
within the community in which the individual resides--
``(A) by serving as a liaison between communities
and health care agencies;
``(B) by providing guidance and social assistance
to community residents;
``(C) by enhancing community residents' ability to
effectively communicate with health care providers;
``(D) by providing culturally and linguistically
appropriate health or nutrition education;
``(E) by advocating for individual and community
health or nutrition needs; and
``(F) by providing referral and follow-up services.
``(2) Community setting.--The term `community setting'
means a home or a community organization located in the
neighborhood in which a participant resides.
``(3) Medically underserved community.--The term `medically
underserved community' means a community identified by a
State--
``(A) that has a substantial number of individuals
who are members of a medically underserved population,
as defined in section 330(b)(3); and
``(B) a significant portion of which is a health
professional shortage area designated under section
332.
``(4) Support.--The term `support' means the provision of
training, supervision, and materials needed to effectively
deliver the services described in subsection (b), reimbursement
for services, and other benefits.
``(5) Target population.--The term `target population'
means women of reproductive age, regardless of their current
childbearing status.
``(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2003, 2004, and 2005.''. | Community Health Workers Act of 2005 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to promote positive health behaviors for women in target populations, especially racial and ethnic minority women in medically underserved communities.
Permits such funds to be used to support community health workers to: (1) educate, guide, and provide outreach regarding health problems among women and especially among racial and ethnic minority women; (2) educate, guide, and provide experiential learning opportunities that target behavioral risk factors, including poor nutrition and tobacco use; (3) educate and guide regarding effective strategies to promote positive health behaviors within the family; (4) educate and provide outreach regarding enrollment in health insurance; (5) promote community wellness and awareness; and (6) educate and refer target populations to appropriate health care agencies and community based programs and organizations.
Requires the Secretary to give priority to experienced applicants who propose to target geographic areas: (1) with a high percentage of uninsured or underinsured residents who are eligible for health insurance; (2) with a high percentage of families for whom English is not their primary language; and (3) that encompass the United States-Mexico border region.
Requires the Secretary to: (1) encourage community health worker programs to collaborate with academic institutions; and (2) establish guidelines for assuring the quality of the training and supervision of community health workers under programs funded under this Act and for assuring the cost-effectiveness of such programs. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide grants to promote positive health behaviors in women."} | 2,329 | 311 | 0.54856 | 1.645693 | 0.748436 | 5.335593 | 7.661017 | 0.976271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boat Protection Act of 1996''.
SEC. 2. PROTECTION OF VESSEL HULL DESIGNS.
Title 17, United States Code, is amended by adding at the end
thereof the following new chapter:
``CHAPTER 12--PROTECTION OF VESSEL HULL DESIGNS
``Sec.
``1201. Definitions.
``1202. Subject matter of protection.
``1203. Ownership and transfer.
``1204. Duration of protection.
``1205. Exclusive rights in plugs or molds.
``1206. Limitation on exclusive rights: reverse engineering; first
sale.
``1207. Limitation on exclusive rights: innocent infringement.
``1208. Plug or mold notice.
``1209. Enforcement of exclusive rights.
``1210. Remedies for infringement.
``1211. Relation to other laws.
``Sec. 1201. Definitions
``As used in this chapter--
``(1) `vessel hull' has the meaning given that term in
regulations which the Register of Copyrights shall issue;
``(2) a `plug' means a device or model used to make a mold
for the purpose of exact duplication, regardless of whether the
device or model has an intrinsic utilitarian function that is
not only to portray the appearance of the product or to convey
information;
``(3) a `mold' means a matrix or form in which a substance
for material is used, regardless of whether the matrix or form
has an intrinsic utilitarian function that is not only to
portray the appearance of the product or to convey information;
``(4) a plug or mold is `fixed' in a vessel hull when its
embodiment in the vessel hull, by or under the authority of the
owner of the plug or mold, is sufficiently permanent or stable
to permit the vessel hull to be perceived, reproduced, or
otherwise communicated for a period of more than transitory
duration;
``(5) a plug or mold is `original' if it is the independent
creation of a person who did not copy it from another source;
``(6) to `commercially exploit' a plug or mold is to sell,
offer for sale after the plug or mold is fixed in a vessel
hull, or otherwise distribute to the public for profit vessel
hulls embodying the plug or mold;
``(7) the `owner' of a plug or mold is--
``(A) the person who created the plug or mold;
``(B) the legal representative of that person if
that person is deceased or under a legal incapacity;
``(C) the employer of that person if that person
created the plug or mold within the scope of that
person's employment; or
``(D) a party to whom the rights of the person,
representative, or employer described in subparagraph
(A), (B), or (C) are transferred in accordance with this chapter;
``(8) an `innocent purchaser' is a person who purchases a
vessel hull or a product in which a vessel hull is contained in
good faith and without having notice of protection under this
chapter with respect to that vessel hull or product;
``(9) having `notice of protection' means having actual
knowledge that, or reasonable grounds to believe that, a plug
or mold fixed in a vessel hull is protected under this chapter;
and
``(10) an `infringing vessel hull' is a vessel hull which
is made, imported, or distributed in violation of the exclusive
rights of the owner of a plug or mold under this chapter.
``Sec. 1202. Subject matter of protection
``(a) Nationality Requirements.--
``(1) In general.--An original plug or mold fixed in a
vessel hull is eligible for protection under this chapter if--
``(A) on the date on which the plug or mold is
first commercially exploited, the owner of the plug or
mold is a national or domiciliary of the United States,
or is a national, domiciliary, or sovereign authority
of a foreign nation that is party to a treaty affording
protection to plugs or molds to which the United States
is also a party, or is a stateless person, wherever
that person may be domiciled;
``(B) the plug or mold is first commercially
exploited in the United States; or
``(C) the plug or mold comes within the scope of a
Presidential proclamation issued under paragraph (2).
``(2) Presidential proclamations.--Whenever the President
finds that a foreign nation extends, to plugs or molds of
owners who are nationals or domiciliaries of the United States
or to plugs or molds on the date on which the plugs or molds
are first commercially exploited, protection--
``(A) on substantially the same basis as that on
which the foreign nation extends protection to plugs or
molds of its own nationals and domiciliaries and plugs
or molds first commercially exploited in that nation,
or
``(B) on substantially the same basis as provided
in this chapter, the President may by proclamation
extend protection under this chapter to plugs or
molds--
``(i) of owners who are, on the date on
which the plugs or molds are first commercially
exploited, nationals, domiciliaries, or
sovereign authorities of that nation, or
``(ii) which are first commercially
exploited in that nation.
``(b) Exclusion for Products Not Original.--Protection under this
chapter shall not be available for a plug or mold that--
``(1) is not original; or
``(2) consists of designs that are staple, commonplace, or
familiar in the vessel manufacturing industry, or variations of
such designs, combined in a way that is not original.
``(c) Other Exclusions.--In no case does protection under this
chapter for a plug or mold extend to any idea, procedure, process,
system, method of operation, concept, principle, or discovery,
regardless of the form of which it is described, explained,
illustrated, or embodied in the plug or mold.
``Sec. 1203. Ownership and transfer
``(a) Vesting of Rights in Owner.--The exclusive rights in a plug
or mold under the chapter shall vest in the owner of the plug or mold.
``(b) Transfer of Rights.--The exclusive rights in a plug or mold
under this chapter may be transferred in whole or in part by any means
of conveyance or by operation of law, and may be bequeathed by will or
pass as personal property by the applicable laws of intestate
succession.
``(c) Conflicting Transfers.--In any case in which conflicting
transfers of the exclusive rights in a plug or mold are made, the
transfer first executed shall be void as against a subsequent transfer
which is made for a valuable consideration and without notice of the
first transfer, unless the first transfer is recorded in the Copyright
Office within 3 months after the date on which it is executed, but in
no case later than the day before the date of such subsequent transfer.
``(d) Protection Excluded for United States Government.--Plugs or
molds prepared by an officer or employee of the United States
Government as part of that person's official duties are not protected
under this chapter, but the United States Government is not precluded
from receiving and holding exclusive rights in plugs or molds
transferred to the Government under subsection (b).
``Sec. 1204. Duration of protection
``(a) Commencement of Protection.--The protection provided for a
plug or mold under this chapter shall commence on the date on which the
plug or mold is first commercially exploited.
``(b) Term of Protection.--Subject to the provisions of this
chapter, the protection provided under this chapter to a plug or mold
shall continue for a term of 10 years beginning on the date on which
such protection commences under subsection (a).
``Sec. 1205. Exclusive rights in plugs or molds
``Subject to the other provisions of this chapter, the owner of a
plug or mold has the exclusive rights to do and to authorize any of the
following:
``(1) Reproduce the plug or mold by optical, electronic, or
any other means.
``(2) Import or distribute a vessel hull in which the plug
or mold is embodied.
``(3) Induce or knowingly cause another person to do any of
the acts described in paragraphs (1) and (2).
``Sec. 1206. Limitation on exclusive rights: reverse engineering; first
sale
``(a) Reverse Engineering.--Notwithstanding the provisions of
section 1205(1), it is not an infringement of the exclusive rights of
the owner of a plug or mold to reproduce the plug or mold solely for
the purpose of teaching, analyzing, or evaluating the concepts or
techniques embodied in the plug or mold or the design or organization
of components used in the plug or mold.
``(b) First Sale.--Notwithstanding the provisions of section
1205(2), the owner of a particular vessel hull lawfully made under this
chapter, or any person authorized by such owner, is entitled, without
the authority of the owner of the plug or mold, to sell or otherwise
dispose of that vessel hull.
``Sec. 1207. Limitation on exclusive rights: innocent infringement
``(a) In General.--Notwithstanding any other provision of this
chapter, an innocent purchaser of an infringing vessel hull--
``(1) shall incur no liability under this chapter with
respect to the importation or distribution of units of the
infringing vessel hull that occurred before that innocent
purchaser had notice of protection with respect to that vessel
hull; and
``(2) shall be liable only for a reasonable royalty on each
unit of the infringing vessel hull that the innocent purchaser
imports or distributes after having notice of protection with
respect to that vessel hull. The amount of the royalty referred
to in paragraph (2) shall be based on wholesale cost and shall be
determined by voluntary negotiation between the parties, mediation, or
binding arbitration, or, if the parties do not resolve the issue, by
the court in a civil action for infringement.
``(b) Subsequent Purchases.--The immunity from liability and
limitation on liability referred to in subsection (a) shall apply to
any person who directly or indirectly purchases an infringing vessel
hull from an innocent purchaser.
``(c) Applicability Only to Products Purchased Before Notice of
Protection.--The provisions of subsections (a) and (b) apply only with
respect to units of an infringing vessel hull that an innocent
purchaser purchased before having notice of protection with respect to
that vessel hull.
``Sec. 1208. Plug or mold notice
``(a) Affixation Notice.--The owner of a plug or mold provided
protection under this chapter may affix notice to the plug or mold or
to the vessel hull embodying the plug or mold in such manner and
location as to give reasonable notice of such protection. The Register
of Copyrights shall prescribe by regulation, as examples, specific
methods of affixation and positions of notice for purposes of this
section, but these specifications shall not be considered exhaustive.
The affixation of such notice is not a condition of protection under
this chapter but shall constitute prima facie evidence of notice of
protection.
``(b) Contents of Notice.--The notice referred to in subsection (a)
shall consist of--
``(1) the words 'plug or mold', or the letters PM in a
circle;
``(2) the year in which the plug or mold was first fixed in
a vessel hull; and
``(3) the name of the owner or owners of the plug or mold
or an abbreviation by which the name is recognized or is
generally known.
``Sec. 1209. Enforcement of exclusive rights
``(a) Infringers.--Except as otherwise provided by this chapter,
any person who violates any of the exclusive rights of the owner of a
plug or mold under this chapter shall be liable as an infringer of such
rights.
``(b) Civil Action for Infringement.--The owner of a plug or mold
protected under this chapter shall be entitled to institute a civil
action for any infringement of the exclusive rights in that plug or
mold under the chapter.
``(c) Enforcement of Right To Import.--
``(1) Regulations.--The Secretary of the Treasury and the
United States Postal Service shall separately or jointly issue
regulations for the enforcement of the right to import set
forth in section 1205. These regulations may require, as a
condition for the exclusion of articles from the United States,
that the person seeking exclusion--
``(A) obtain a court order enjoining, or an order
of the International Trade Commission under section 337
of the Tariff Act of 1930 excluding, importation of the
articles; or
``(B) furnish proof that the plug or mold involved
is protected under this chapter and that the
importation of the articles would infringe the rights
in the plug or mold under this chapter, and also post a
surety bond for any injury that may result if the
detention or exclusion of the articles proves to be
unjustified.
``(2) Seizure and forfeiture of infringing articles.--
Articles imported in violation of the right to import set forth
in section 1205 are subject to seizure and forfeiture in the
same manner as property imported in violation of the customs
laws. Any such forfeited article shall be destroyed as directed
by the Secretary of the Treasury or the court, as the case may
be, except that the articles may be returned to the country of
export whenever it is shown to the satisfaction of the
Secretary of the Treasury that the importer had no reasonable grounds
for believing that his or her acts constituted a violation of the law.
``Sec. 1210. Remedies for infringement
``(a) Injunctive Relief.--Any court having jurisdiction of a civil
action arising under this chapter may grant temporary and permanent
injunctions on such terms as the court may deem reasonable to prevent
or restrain infringement of the exclusive rights in a plug or mold
under this chapter.
``(b) Actual Damages and Profits.--Upon finding for the owner of
the plug or mold, the court shall award the owner actual damages
suffered by the owner as a result of the infringement. The court shall
also award the owner the infringer's profits that are attributable to
the infringement and are not taken into account in computing the award
of actual damages. In establishing the infringer's profits, the owner
of the plug or mold is required to present proof only of the
infringer's gross revenue, and the infringer is required to prove his
or her deductible expenses and the elements of profit attributable to
factors other than the plug or mold.
``(c) Statutory Damages.--At any time before final judgment is
rendered, the owner of the plug or mold may elect, instead of actual
damages and profits as provided in subsection (b), an award of
statutory damages for all infringements involved in the action with
respect to any one plug or mold for which any one infringer is liable
individually, or for which any two or more infringers are liable
jointly and severally, in an amount not more than $250,000 as the court
considers just.
``(d) Recovery of Costs by Prevailing Party.--In any action for
infringement under this chapter, the court in its discretion may allow
the recovery of full costs, including reasonable attorneys' fees, to
the prevailing party.
``(e) Time Limitation on Bringing Actions.--An action for
infringement under this chapter shall not be maintained unless the
action is commenced within 3 years after the claim accrues.
``(f) Destruction or Other Disposition of Infringing Articles.--As
part of the final judgment or decree, the court may order the
destruction or other disposition of any infringing vessel hulls, and
any plugs, molds, or other articles by means of which such vessel hulls
may be reproduced.
``Sec. 1211. Relation to other laws
``(a) Other Rights Not Affected.--Nothing in this chapter shall
affect any right or remedy held by any person under chapters 1 through
11 of this title, or under title 35.
``(b) References in Chapters 1 Through 11.--References to `this
title' or `title 17' in chapters 1 through 11 of this title shall be
deemed not to apply to this chapter.
``(c) Preemption.--The provisions of this chapter shall preempt the
laws of any State to the extent those laws provide any rights or
remedies with respect to a plug or mold which are equivalent to those
provided by this chapter, except that such preemption shall be
effective only with respect to actions filed on or after January 1,
1998.
``(d) Applicability of Title 28 Provisions.--The provisions of
sections 1338, 1400(a), and 1498(b) and (c) of title 28 shall apply
with respect to exclusive rights in plugs or molds under this chapter
to the same extent as those provisions apply to mask works.''.
SEC. 3. TECHNICAL AMENDMENT.
The table of chapters of title 17, United States Code, is amended
by adding at the end thereof the following new item:
``12. Protection of Vessel Hulls Designs.......................1201.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect on January 1,
1997.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act. | Boat Protection Act of 1996 - Sets forth copyright provisions regarding the protection of vessel hull designs.
Defines: (1) "plug" as a device or model used to make a mold for the purpose of exact duplication, regardless of whether the device or model has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information; (2) "mold" as a matrix or form in which a substance for material is used, regardless of whether the matrix or form has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information; and (3) "commercially exploit" for purposes of this Act as the sale or offer for sale of a plug or mold after it is fixed in a vessel hull or otherwise distributed to the public for profit vessel hulls.
Extends protection to an original plug or mold fixed in a vessel hull, if: (1) the owner of the plug or mold is a national or domiciliary of the United States or of a foreign nation which is party to a protection treaty to which the United States is also a party on the date on which the plug or mold is first commercially exploited; (2) the plug or mold is first commercially exploited in the United States; or (3) the plug or mold comes within the scope of a presidential proclamation extending reciprocal protection to the works of foreign nationals, domiciliaries, or sovereign authorities.
Vests exclusive rights in such plugs or molds in the owner who may transfer (in whole or in part) or bequeath such interest. Recognizes the first registered transfer in case of a conflict.
Sets the protection term for plugs or molds at ten years from the date of first commercial exploitation.
Grants the owner of a plug or mold the exclusive rights to: (1) reproduce the plug or mold; (2) import or distribute a vessel hull in which it is embodied; and (3) cause another to perform such acts. Provides that it is not an infringement of the owner's exclusive rights: (1) to reproduce a plug or mold for purposes of teaching, analyzing, or evaluating concepts, techniques, design, or organization of components in it; or (2) to sell or otherwise dispose of a vessel hull lawfully made under this Act (without the authority of the owner of the plug or mold). Limits the liability of an innocent purchaser of an infringing vessel hull.
Permits the owner of a plug or mold to place on it a specified notice of protection, which is not a condition of protection but shall constitute prima facie evidence of notice of protection.
Entitles the owner of a plug or mold whose protection has been infringed to institute a civil action. Authorizes the award of attorney's fees to a prevailing party.
Directs the Secretary of the Treasury and the U.S. Postal Service to issue regulations for the enforcement of the right to import a vessel hull in which the plug or mold is embodied. Permits the impoundment and seizure of vessel hulls imported in violation of the owner's exclusive rights.
Sets forth remedies for infringement, including temporary and permanent injunctive relief, actual damages, the award of an infringer's profits to the owner, impoundment orders, and the award of statutory damages instead of actual damages or profits in an amount not to exceed $250,000, under specified conditions.
Authorizes appropriations. | {"src": "billsum_train", "title": "Boat Protection Act of 1996"} | 4,034 | 771 | 0.722394 | 2.40201 | 0.756464 | 4.632836 | 5.485075 | 0.919403 |
SECTION 1. PAY AND RETIREMENT OF A FEDERAL JUSTICE OR JUDGE CONVICTED
OF A FELONY.
(a) Suspension Without Pay.--
(1) Supreme court justices.--
(A) In general.--Section 3 of title 28, United
States Code, is amended--
(i) by inserting ``(a)'' before ``Whenever
the''; and
(ii) by adding at the end the following new
subsections:
``(b) Justices of the Supreme Court shall hold office during good
behavior.
``(c)(1) For purposes of the tenure or appointment of a justice,
the term `good behavior' shall not include any offense committed by a
justice if the conviction of such offense is a felony that--
``(A) is punishable by death or imprisonment for a term
exceeding one year; and
``(B) involves moral turpitude.
``(2)(A) Subject to subparagraph (B), a justice convicted of a
felony described under paragraph (1) shall be suspended from office
without pay. Such suspension shall be effective on and after the date
on which the verdict of guilt of such felony is entered.
``(B)(i) In the event of reversal of the conviction upon final
appeal, the justice shall be reinstated with back pay, unless
impeached.
``(ii) If articles of impeachment of the justice are reported to
the House of Representatives and the final disposition of the articles
is not a conviction in the Senate, the justice shall be reinstated
without back pay.''.
(B) Technical and conforming amendments.--
(i) The section heading for section 3 of
title 28, United States Code, is amended to
read as follows:
``Sec. 3. Vacancy in office of Chief Justice; disability; service by
justices during good behavior''.
(ii) The table of sections for chapter 1 of
title 28, United States Code, is amended by
amending the item relating to section 3 to read
as follows:
``3. Vacancy in office of Chief Justice; disability; service of
justices during good behavior.''.
(2) Circuit judges.--Section 44(b) of title 28, United
States Code, is amended--
(A) by inserting ``(1)'' before ``Circuit judges'';
and
(B) by adding at the end the following new
paragraph:
``(2)(A) For purposes of the tenure or appointment of a circuit
judge, the term `good behavior' shall not include any offense committed
by a circuit judge if the conviction of such offense is a felony that--
``(i) is punishable by death or imprisonment for a term
exceeding one year; and
``(ii) involves moral turpitude.
``(B) Subject to subparagraph (C), a circuit judge convicted of a
felony described under subparagraph (A) shall be suspended from office
without pay. Such suspension shall be effective on and after the date
on which the verdict of guilt of such felony is entered.
``(C)(i) In the event of reversal of the conviction upon final
appeal, the circuit judge shall be reinstated with back pay, unless
impeached.
``(ii) If articles of impeachment of the judge are reported to the
House of Representatives and the final disposition of the articles is
not a conviction in the Senate, the circuit judge shall be reinstated
without back pay.''.
(3) District judges.--Section 134(a) of title 28, United
States Code, is amended--
(A) by inserting ``(1)'' before ``The district
judges''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) For purposes of the tenure or appointment of a district
judge, the term `good behavior' shall not include any offense committed
by a judge if the conviction of such offense is a felony that--
``(i) is punishable by death or imprisonment for a term
exceeding one year; and
``(ii) involves moral turpitude.
``(B) Subject to subparagraph (C), a district judge convicted of a
felony described under subparagraph (A) shall be suspended from office
without pay. Such suspension shall be effective on and after the date
on which the verdict of guilt of such felony is entered.
``(C)(i) In the event of reversal of the conviction upon final
appeal, the district judge shall be reinstated with back pay, unless
impeached.
``(ii) If articles of impeachment of the judge are reported to the
House of Representatives and the final disposition of the articles is
not a conviction in the Senate, the district judge shall be reinstated
without back pay.''.
(b) Retirement Age and Service Requirements for Federal Justices
and Judges Convicted of a Felony.--Section 371(c) of title 28, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Subject to subparagraph (B), if a justice or judge is
convicted of a felony punishable by death or imprisonment for a term
exceeding one year and which involves moral turpitude, the age and
years of service of the justice or judge on the date on which the
verdict of guilt of such felony is entered, shall be the attained age
and years of service of the justice or judge for purposes of paragraph
(1).
``(B) Subparagraph (A) shall not apply if--
``(i) the conviction is reversed upon final appeal, unless
the justice or judge is impeached; or
``(ii) articles of impeachment of the justice or judge are
reported to the House of Representatives and the final
disposition of the articles is not a conviction in the
Senate.''. | Amends the Federal judicial code to provide that any justice of the Supreme Court or any circuit or district court judge convicted of a felony involving moral turpitude shall be suspended from office without pay pending the disposition of impeachment proceedings.
Provides that such justice's or judge's age and years of service for retirement purposes shall be the age and years of service attained as of the date of the guilty verdict, with an exception if such conviction is later reversed. | {"src": "billsum_train", "title": "A bill to provide that a Federal justice or judge convicted of a felony shall be suspended from office without pay, to amend the retirement age and service requirements for Federal justices and judges convicted of a felony, and for other purposes."} | 1,366 | 107 | 0.587574 | 1.510835 | 0.878278 | 1.747126 | 14.114943 | 0.827586 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare Reform and Housing Act''.
SEC. 2. SIMPLIFICATION OF THE USE OF FUNDS FOR HOUSING ASSISTANCE AND
OTHER PURPOSES.
(a) Supplemental Housing Benefits.--Section 404 of the Social
Security Act (42 U.S.C. 604) is amended by adding at the end the
following:
``(l) Use of Funds for Supplemental Housing Benefits.--
``(1) In general.--A State to which a grant is made under
section 403 may use the grant to provide supplemental housing
benefits (as defined in paragraph (4)) to, or on behalf of, an
individual eligible for assistance under the State program
funded under this part, in order to carry out the purposes
specified in section 401(a).
``(2) Not considered assistance.--Supplemental housing
benefits (as so defined) shall not for any purpose, be
considered assistance under the State program funded under this
part.
``(3) Limitation on use of funds.--A State may not use any
part of the funds made available under a grant made under
section 403 to supplant existing State expenditures on housing-
related programs. Notwithstanding the preceding sentence, a
State may use such funds to supplement such State expenditures.
``(4) Definition of supplemental housing benefits.--In this
subsection, the term `supplemental housing benefits' means
payments made to, or on behalf of, an individual to reduce or
reimburse the costs incurred by the individual for housing
accommodations.
``(m) State Authority To Define Minor Housing Rehabilitation
Costs.--A State to which a grant is made under section 403 may use the
grant to provide grants, loans, or to otherwise pay the costs of minor
rehabilitation of housing owned or rented by individuals eligible for
assistance under the State program funded under this part, consistent
with a definition of minor housing rehabilitation adopted by the State
and incorporated into the State plan required under section 402(a).''.
(b) Authority To Reserve Grant for Future Use.--Section 404(e) (42
U.S.C. 604(e)) is amended to read as follows:
``(e) Authority to Reserve Certain Amounts for Future Use.--A State
or Indian tribe may reserve amounts paid to the State or Indian tribe
under this part for a fiscal year for any allowable expenditures under
this part without fiscal year limitation.''.
SEC. 3. CONSIDERATION OF HOUSING-RELATED BARRIERS TO WORK AND SELF-
SUFFICIENCY.
(a) State Plan Requirement on Description of Housing Needs and
Solutions.--Section 402(a)(1)(B) of the Social Security Act (42 U.S.C.
602(a)(1)(B)) is amended by adding at the end the following:
``(v) The document shall describe--
``(I) the primary problems that
families receiving assistance and
families who have recently ceased to
receive assistance under the State
program funded under this part
experience in securing and retaining
adequate, affordable housing and the
estimated extent of each such problem,
including the price of such housing in
various areas of the State that include
a large proportion of recipients of
assistance under the State program, and
the steps that have been and will be
taken by the State and other public or
private entities, including community
action partnership agencies, that
administer housing or homelessness
programs to address these needs; and
``(II) the methods the State has
adopted to identify barriers to work
posed by the living arrangement,
housing cost, and housing location of
individuals eligible for the State
program funded under this part and the
services and benefits that have been or
will be provided by the State and other
public or private entities to help
families overcome such barriers.''.
(b) Assessment of Housing Barriers to Work.--Section
408(b)(2)(A)(iv) of the Social Security Act (42 U.S.C.
608(b)(2)(A)(iv)) is amended by inserting ``, including the housing-
related benefits or services that the State or other public or private
entities, including community action partnership agencies, will provide
to overcome barriers to work posed by the individual's living
arrangement, housing cost, or housing location'' before the semicolon.
(c) Improvement of Housing-Related Data Collection.--
(1) Inclusion in quarterly reports.--Section 411(a)(1)(A)
of the Social Security Act (42 U.S.C. 611(a)(1)(A)) is
amended--
(A) in clause (i), by inserting ``and city or other
political jurisdiction'' after ``county'';
(B) in clause (ix), by inserting ``and the type of
subsidized housing received'' after ``subsidized
housing''; and
(C) by adding at the end the following:
``(xviii) From a sample of closed cases in
which the family left due to employment, the
city or other political jurisdiction of the
employment and the employed individual's
estimated travel time from the family's
residence to the place of employment.''.
(2) Development of data collection protocol.--The Secretary
of Health and Human Services and the Secretary of Housing and
Urban Development jointly shall develop a procedure for
interagency data matching or other uniform data collection
protocol to determine the type of subsidized housing received
by families receiving assistance under the State programs
funded under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) and federally funded (including through the
use of tax credits pursuant to section 42 of the Internal
Revenue Code of 1986) or State-funded housing benefits.
SEC. 4. COOPERATION AGREEMENTS WITH PUBLIC HOUSING AGENCIES FOR
ECONOMIC SELF-SUFFICIENCY ACTIVITIES.
Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is
amended by adding at the end the following:
``(12) Cooperation agreements with public housing
agencies.--
``(A) In general.--A State to which a grant is made
under section 403 shall, directly or through
appropriate agencies, enter into cooperation agreements
with public housing agencies for economic self-
sufficiency activities as required by section 12(d)(7)
of the United States Housing Act of 1937 (42 U.S.C.
1437j(d)(7)). Such cooperation agreements may include
provisions on how--
``(i) agencies administering funds provided
under a grant made under section 403 will
cooperate with public housing agencies to
implement work incentive rent policies and
Federal housing policies and programs to
promote savings;
``(ii) public housing agencies will
cooperate with agencies administering such
funds to make residents of public housing and
recipients of housing vouchers under section
8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) that have ceased to
receive assistance under the State program
funded under this part aware of transitional
services and benefits for which the residents
or recipients may be eligible; and
``(iii) agencies will cooperate to assist
recipients of housing vouchers under section
8(o) of such Act in locating housing that will
help the recipients succeed at obtaining or
retaining employment.
``(B) Private participation.--A State may invite
private owners of federally assisted housing to
participate in cooperation agreements under this
paragraph.''.
SEC. 5. INTERAGENCY DEMONSTRATION ON HOUSING WITH SERVICES FOR FAMILIES
WITH MULTIPLE BARRIERS TO WORK.
Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is
amended by adding at the end the following:
``(6) Grants for interagency demonstration on housing with
services.--
``(A) In general.--The Secretary and the Secretary
of Housing and Urban Development (in this paragraph
referred to as the `Secretaries') jointly shall award
grants for the conduct and evaluation of demonstrations
of different models to provide housing with services to
promote the employment of parents and caretaker
relatives who are eligible for a benefit or service
under the State program funded under this part and who
have multiple barriers to work, including lack of
adequate housing.
``(B) Requirements.--
``(i) Eligible recipients.--Grants shall be
awarded under this paragraph on a competitive
basis to States and organizations which have
exempt status under section 501(c)(3) of the
Internal Revenue Code of 1986, including
community and faith-based organizations.
``(ii) Location.--In awarding such grants,
the Secretaries shall ensure that
demonstrations are conducted in metropolitan
and nonmetropolitan areas.
``(iii) Use of funds.--
``(I) In general.--Funds provided
under a grant awarded under this
paragraph shall be used for the cost of
implementation and evaluation of the
demonstrations conducted with such
funds.
``(II) Limitation on benefits or
services to non-custodial parents.--Not
more than 10 percent of the total
amount of grant funds awarded to a
State or organization under this
paragraph may be used to provide
benefits or services to noncustodial
parents.
``(iv) Not considered assistance.--A
benefit or service provided with funds made
available under a grant awarded under this
paragraph shall not for any purpose, be
considered assistance under the State program
funded under this part.
``(v) Duration; availability of funds.--
Funds provided under a grant awarded under this
paragraph shall remain available for a period
of 3 years after the date on which the grant is
made.
``(C) Evaluation.--Not later than December 31,
2006, the Secretaries shall publish an evaluation of
the demonstrations conducted under grants made under
this paragraph.
``(D) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated $50,000,000 for
fiscal year 2003 for grants under this paragraph.''.
SEC. 6. CONFORMING IMMIGRANT ELIGIBILITY FOR HOUSING ASSISTANCE WITH
RULES APPLICABLE TO OTHER FEDERAL NEEDS-BASED ASSISTANCE.
Section 214(a) of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a(a)) is amended--
(1) in paragraph (6), by striking ``or'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following--
``(8) an alien who is a qualified alien, as defined in
subsection (b) of section 431 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641), including a battered alien or alien child who is
described in subsection (c) of such section.''. | Welfare Reform and Housing Act - Amends title IV part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to authorize States to use State Family Assistance Grants to provide: (1) supplemental housing benefits to, or on behalf of, an individual to reduce or reimburse the individual's costs for housing accommodations; and (2) grants, loans, or other payments for the costs of minor rehabilitation of housing owned or rented by TANF-eligible individuals.Requires State plans to describe: (1) the primary problems that families receiving assistance and families who have recently ceased receiving assistance experience in securing and retaining adequate affordable housing; and (2) the methods adopted to identify and remedy barriers to work posed by living arrangements, housing costs, and housing locations. Requires an individual responsibility plan to include housing-related benefits or services the State or other entities will provide to overcome those barriers.Requires the Secretary of Health and Human Services (Secretary) and the Secretary of Housing and Urban Development jointly to: (1) develop a uniform data collection and matching protocol to determine the type of subsidized housing received by families receiving assistance and federally- or State-funded housing benefits; and (2) award grants for the conduct and evaluation of demonstrations of different models to provide housing with services.Requires participating States to enter into cooperation agreements with public housing agencies for economic self-sufficiency activities. Authorizes States to invite private owners of federally assisted housing to participate in cooperation agreements.Authorizes the Secretary to make housing assistance available for certain qualified aliens, including battered aliens or their children. | {"src": "billsum_train", "title": "A bill to reform the program of block grants to States for temporary assistance for needy families to help States address the importance of adequate, affordable housing in promoting family progress towards self-sufficiency, and for other purposes."} | 2,474 | 352 | 0.518948 | 1.507651 | 0.754681 | 3.701299 | 6.918831 | 0.922078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Peace Corps Charter for the 21st
Century Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Peace Corps was established in 1961 to promote
world peace and friendship through the service of American
volunteers abroad.
(2) The three goals codified in the Peace Corps Act which
have guided the Peace Corps and its volunteers over the years,
can work in concert to promote global acceptance of the
principles of international peace and nonviolent coexistence
among peoples of diverse cultures and systems of government.
(3) The Peace Corps has operated in 135 countries with
165,000 Peace Corps volunteers since its establishment.
(4) The Peace Corps has sought to fulfill three goals, as
follows: to help people in developing nations meet basic needs,
to promote understanding of America's values and ideals abroad,
and to promote an understanding of other peoples by Americans.
(5) After more than 40 years of operation, the Peace Corps
remains the world's premier international service organization
dedicated to promoting grassroots development.
(6) The Peace Corps remains committed to sending well
trained and well supported Peace Corps volunteers overseas to
promote world peace, friendship, and grassroots development.
(7) The Peace Corps is an independent agency, and therefore
no Peace Corps personnel or volunteers should have any
relationship with any United States intelligence agency or be
used to accomplish any other goal than the goals established by
the Peace Corps Act.
(8) The Crisis Corps has been an effective tool in
harnessing the skills and talents for returned Peace Corps
volunteers and should be expanded to utilize to the maximum
extent the pool of talent from the returned Peace Corps
volunteer community.
(9) The Peace Corps is currently operating with an annual
budget of $275,000,000 in 70 countries with 7,000 Peace Corps
volunteers.
(10) There is deep misunderstanding and misinformation
about American values and ideals in many parts of the world,
particularly those with substantial Muslim populations, and a
greater Peace Corps presence in such places could foster
greater understanding and tolerance of those countries.
(11) Congress has declared that the Peace Corps should be
expanded to sponsor a minimum of 10,000 Peace Corps volunteers.
(12) President George W. Bush has called for the doubling
of the number of Peace Corps volunteers in service in a fiscal
year to 15,000 volunteers in service by the end of fiscal year
2007.
(13) Any expansion of the Peace Corps shall not jeopardize
the quality of the Peace Corps volunteer experience, and
therefore can only be accomplished by an appropriate increase
in field and headquarters support staff.
(14) It would be extremely useful for the Peace Corps to
establish an office of strategic planning to evaluate existing
programs and undertake long-term planning in order to
facilitate the orderly expansion of the Peace Corps from its
current size to the stated objective of 15,000 volunteers in
the field by the end of fiscal year 2007.
(15) The Peace Corps would benefit from the advice and
council of a streamlined bipartisan National Peace Corps
Advisory Council composed of distinguished returned Peace Corps
volunteers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Director.--The term ``Director'' means the Director of
the Peace Corps.
(3) Peace corps volunteer.--The term ``Peace Corps
volunteer'' means a volunteer or a volunteer leader under the
Peace Corps Act.
(4) Returned peace corps volunteer.--The term ``returned
Peace Corps volunteer'' means a person who has been certified
by the Director as having served satisfactorily as a Peace
Corps volunteer.
SEC. 4. RESTATEMENT OF INDEPENDENCE OF THE PEACE CORPS.
(a) In General.--Section 2A of the Peace Corps Act (22 U.S.C. 2501-
1) is amended by adding at the end the following new sentence: ``As an
independent agency, all recruiting of volunteers shall be undertaken
solely by the Peace Corps.''.
(b) Details and Assignments.--Section 5(g) of the Peace Corps Act
(22 U.S.C. 2504(g)) is amended by inserting after ``Provided, That''
the following: ``such detail or assignment does not contradict the
standing of Peace Corps volunteers as being independent from foreign
policy-making and intelligence collection: Provided further, That''.
SEC. 5. REPORTS TO CONGRESS.
(a) Consultations and Reports Concerning New Initiatives.--Section
11 of the Peace Corps Act (22 U.S.C. 2510) is amended--
(1) by inserting ``(a) Annual Reports.--'' immediately
before ``The President shall transmit''; and
(2) by adding at the end thereof the following:
``(b) Consultations and Reports on New Initiatives.--Thirty days
prior to implementing any new initiative, the Director shall consult
with the Peace Corps National Advisory Council established in section
12 and shall submit to the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the House of
Representatives a report describing the objectives that such initiative
is intended to fulfill, an estimate of any costs that may be incurred
as a result of the initiative, and an estimate of any impact on
existing programs, including the impact on the safety of volunteers
under this Act.''.
(b) Country Security Reports.--Section 11 of the Peace Corps Act
(22 U.S.C. 2510), as amended by subsection (a), is further amended by
adding at the end the following:
``(c) Country Security Reports.--The Director of the Peace Corps
shall submit to the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of
Representatives a report annually on the status of security procedures
in any country in which the Peace Corps operates programs or is
considering doing so. Each report shall include recommendations when
appropriate as to whether security conditions would be enhanced by
colocating volunteers with international or local nongovernmental
organizations, or with the placement of multiple volunteers in one
location.''.
(c) Report on Student Loan Forgiveness Programs.--Not later than 30
days after the date of enactment of this Act, the Director of the Peace
Corps shall submit to the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the House of
Representatives a report--
(1) describing the student loan forgiveness programs
currently available to Peace Corps volunteers upon completion
of their service; and
(2) comparing such programs with other Government-sponsored
student loan forgiveness programs.
SEC. 6. SPECIAL VOLUNTEER RECRUITMENT AND PLACEMENT FOR COUNTRIES WHOSE
GOVERNMENTS ARE SEEKING TO FOSTER GREATER UNDERSTANDING
BY AND ABOUT THEIR CITIZENS.
(a) Report.--Not later than 60 days after the date of enactment of
this Act, the Director shall submit a report to the appropriate
congressional committees describing the initiatives that the Peace
Corps intends to pursue in order to solicit requests from eligible
countries where the presence of Peace Corps volunteers would facilitate
a greater understanding that there exists a universe of commonly shared
human values and aspirations and would dispel unfounded fears and
suspicion among peoples of diverse cultures and systems of government,
including peoples from countries with substantial Muslim populations.
Such report shall include--
(1) a description of the recruitment strategies to be
employed by the Peace Corps to recruit and train volunteers
with the appropriate language skills and interest in serving in
such countries; and
(2) a list of the countries that the Director has
determined should be priorities for special recruitment and
placement of Peace Corps volunteers.
(b) Use of Returned Peace Corps Volunteers.--Notwithstanding any
other provision of law, the Director is authorized and strongly urged
to utilize the services of returned Peace Corps volunteers having
language and cultural expertise, including those returned Peace Corps
volunteers who may have served previously in countries with substantial
Muslim populations, in order to open or reopen Peace Corps programs in
such countries.
(c) Allocation of Funds.--In addition to amounts authorized to be
appropriated to the Peace Corps by section 11 for the fiscal years
2003, 2004, 2005, and 2006, there is authorized to be appropriated for
the Peace Corps $5,000,000 each such fiscal year solely for the
recruitment, training, and placement of Peace Corps volunteers in
countries whose governments are seeking to foster greater understanding
by and about their citizens.
SEC. 7. GLOBAL INFECTIOUS DISEASES INITIATIVE.
(a) In General.--The Director, in cooperation with the Centers for
Disease Control and Prevention, the National Institutes of Health, the
World Health Organization and the Pan American Health Organization,
local public health officials, shall develop a program of training for
all Peace Corps volunteers in the areas of education, prevention, and
treatment of infectious diseases in order to ensure that all Peace
Corps volunteers make a contribution to the global campaign against
such diseases.
(b) Definitions.--In this section:
(1) AIDS.--The term ``AIDS'' means the acquired immune
deficiency syndrome.
(2) HIV.--The term ``HIV'' means the human immunodeficiency
virus, the pathogen that causes AIDS.
(3) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to
an individual, an individual who is infected with HIV or living
with AIDS.
(4) Infectious diseases.--The term ``infectious diseases''
means HIV/AIDS, tuberculosis, and malaria.
SEC. 8. PEACE CORPS ADVISORY COUNCIL.
Section 12 of the Peace Corps Act (22 U.S.C. 2511; relating to the
Peace Corps National Advisory Council) is amended--
(1) by amending subsection (b)(2)(D) to read as follows:
``(D) make recommendations for utilizing the
expertise of returned Peace Corps volunteers in
fulfilling the goals of the Peace Corps.'';
(2) in subsection (c)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (1), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``fifteen'' and
inserting ``seven''; and
(II) by striking the second
sentence and inserting the following:
``All of the members shall be former
Peace Corps volunteers, and not more
than four shall be members of the same
political party.'';
(ii) by striking subparagraphs (B), (E),
and (H);
(iii) by redesignating subparagraphs (C),
(D), (F), (G), and (I) as subparagraphs (B),
(C), (D), (E), and (F), respectively; and
(iv) by amending subparagraph (C), as so
redesignated, to read as follows:
``(C) The members of the Council shall be appointed to 2-year
terms.'';
(3) by amending subsection (g) to read as follows:
``(g) Chair.--The President shall designate one of the voting
members of the Council as Chair, who shall serve in that capacity for a
period not to exceed two years.'';
(4) by amending subsection (h) to read as follows:
``(h) Meetings.--The Council shall hold a regular meeting during
each calendar quarter at a date and time to be determined by the Chair
of the Council.''; and
(5) by amending subsection (i) to read as follows:
``(i) Report.--Not later than July 30, 2003, and annually
thereafter, the Council shall submit a report to the President and the
Director of the Peace Corps describing how the Council has carried out
its functions under subsection (b)(2).''.
SEC. 9. READJUSTMENT ALLOWANCES.
The Peace Corps Act is amended--
(1) in section 5(c) (22 U.S.C. 2504(c)), by striking
``$125'' and inserting ``$200''; and
(2) in section 6(1) (22 U.S.C. 2505(1)), by striking
``$125'' and inserting ``$200''.
SEC. 10. PROGRAMS AND PROJECTS OF RETURNED PEACE CORPS VOLUNTEERS TO
PROMOTE THE GOALS OF THE PEACE CORPS.
(a) Purpose.--The purpose of this section is to provide support for
returned Peace Corps volunteers to develop programs and projects to
promote the objectives of the Peace Corps, as set forth in section 2 of
the Peace Corps Act.
(b) Grants to Certain Nonprofit Corporations.--
(1) Grant authority.--To carry out the purpose of this
section, and subject to the availability of appropriations, the
Director of the Corporation for National and Community Service
shall award grants on a competitive basis to private nonprofit
corporations that are established in the District of Columbia
for the purpose of serving as incubators for returned Peace
Corps volunteers seeking to use their knowledge and expertise
to undertake community-based projects to carry out the goals of
the Peace Corps Act.
(2) Eligibility for grants.--To be eligible to compete for
grants under this section, a nonprofit corporation must have a
board of directors composed of returned Peace Corps volunteers
with a background in community service, education, or health.
The director of the corporation (who may also be a board member
of the nonprofit corporation) shall also be a returned Peace
Corps volunteer with demonstrated management expertise in
operating a nonprofit corporation. The stated purpose of the
nonprofit corporation shall be to act solely as an intermediary
between the Corporation for National and Community Service and
individual returned Peace Corps volunteers seeking funding for
projects consistent with the goals of the Peace Corps. The
nonprofit corporation may act as the accountant for individual
volunteers for purposes of tax filing and audit
responsibilities.
(c) Grant Requirements.--Such grants shall be made pursuant to a
grant agreement between the Director and the nonprofit corporation that
requires that--
(1) grant funds will only be used to support programs and
projects described in subsection (a) pursuant to proposals
submitted by returned Peace Corps volunteers (either
individually or cooperatively with other returned volunteers);
(2) the nonprofit corporation give consideration to funding
individual projects or programs by returned Peace Corps
volunteers up to $100,000;
(3) not more than 20 percent of funds made available to the
nonprofit corporation will be used for the salaries, overhead,
or other administrative expenses of the nonprofit corporation;
and
(4) the nonprofit corporation will not receive grant funds
under this section for more than two years unless the
corporation has raised private funds, either in cash or in
kind, for up to 40 percent of its annual budget.
(d) Funding.--Of the funds available to the Corporation for
National and Community Service for fiscal year 2003 or any fiscal year
thereafter, not to exceed $10,000,000 shall be available for each such
fiscal year to carry out the grant program established under this
section.
(e) Status of the Fund.--Nothing in this section shall be construed
to make any nonprofit corporation supported under this section an
agency or establishment of the United States Government or to make the
members of the board of directors or any officer or employee of such
corporation an officer or employee of the United States.
(f) Factors in Awarding Grants.--In determining the number of
private nonprofit corporations to award grants to in any fiscal years,
the Director should balance the number of organizations against the
overhead costs that divert resources from project funding.
(g) Congressional Oversight.--Grant recipients under this section
shall be subject to the appropriate oversight procedures of Congress.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 3(b)(1) of the Peace Corps Act (22 U.S.C.
2502(b)(1)) is amended--
(1) by striking ``2002, and'' and inserting ``2002,''; and
(2) by inserting before the period the following: ``,
$465,000,000 for fiscal year 2004, $500,000,000 for fiscal year
2005, $560,000,000 for fiscal year 2006, and $560,000,000 for
fiscal year 2007''.
(b) Increase in Peace Corps Volunteer Strength.--Section 3(c) of
the Peace Corps Act (22 U.S.C. 2502(c)) is amended by adding the
following new subsection at the end thereof:
``(d) In addition to the amounts authorized to be appropriated in
this section, there are authorized to be appropriated such additional
sums as may be necessary to achieve a volunteer corps of 15,000 as soon
as practicable, taking into account the security of volunteers and the
effectiveness of country programs.''. | Peace Corps Charter for the 21st Century Act - Amends the Peace Corps Act to require all recruiting of volunteers to be undertaken solely by the Peace Corps. Conditions the President's authority to detail or assign Peace Corps volunteers to certain Federal and State agencies and other entities upon a determination that such a detail or assignment does not contradict the standing of such volunteers as being independent from foreign policy-making and intelligence collection.Requires the Director of the Peace Corps, before implementing any new initiative, to consult with the Peace Corps National Advisory Council and to report to Congress on: (1) the initiative's objectives and costs, and any impact it may have on existing programs and the safety of volunteers; (2) the status of security procedures in any country in which the Peace Corps operates programs or is considering doing so; (3) student loan forgiveness programs currently available to Peace Corps volunteers; and (4) initiatives the Peace Corps intends to pursue in order to solicit requests from eligible countries where the presence of volunteers would facilitate a greater understanding of the world and of diverse cultures and systems of government, including peoples from countries with substantial Muslim populations.Requires the Director to develop a training program for all Peace Corps volunteers in the education, prevention, and treatment of infectious diseases.Increases Peace Corps volunteer readjustment allowances to $200 a month.Establishes a program to award grants to private nonprofit corporations in the District of Columbia to serve as incubators for returned Peace Corps volunteers seeking to use their knowledge and expertise to undertake community-based projects. | {"src": "billsum_train", "title": "To amend the Peace Corps Act to promote global acceptance of the principles of international peace and nonviolent coexistence among peoples of diverse cultures and systems of government, and for other purposes."} | 3,689 | 325 | 0.588344 | 1.899525 | 0.708914 | 4.474747 | 11.572391 | 0.959596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Research Public Access Act
of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Federal Government funds basic and applied research
with the expectation that new ideas and discoveries that result
from the research, if shared and effectively disseminated, will
advance science and improve the lives and welfare of people of
the United States and around the world; and
(2) the Internet makes it possible for this information to
be promptly available to every scientist, physician, educator,
and citizen at home, in school, or in a library.
SEC. 3. DEFINITION.
In this Act the term ``Federal agency'' means an Executive agency
defined under section 105 of title 5, United States Code.
SEC. 4. FEDERAL RESEARCH PUBLIC ACCESS POLICY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, each Federal agency with extramural research expenditures
of over $100,000,000 shall develop a Federal research public access
policy that is consistent with and advances purposes of the Federal
agency.
(b) Content.--Each Federal research public access policy shall
provide for--
(1) submission to the Federal agency of an electronic
version of the author's final manuscript of original research
papers that have been accepted for publication in peer-reviewed
journals and result from research supported, in whole or in
part, from funding by the Federal Government;
(2) the incorporation of all changes resulting from the
peer review publication process in the manuscript described
under paragraph (1);
(3) the replacement of the final manuscript with the final
published version if--
(A) the publisher consents to the replacement; and
(B) the goals of the Federal agency for
functionality and interoperability are retained;
(4) free online public access to such final peer-reviewed
manuscripts or published versions as soon as practicable, but
not later than 6 months after publication in peer-reviewed
journals;
(5) production of an online bibliography of all research
papers that are publicly accessible under the policy, with each
entry linking to the corresponding free online full text; and
(6) long-term preservation of, and free public access to,
published research findings--
(A) in a stable digital repository maintained by
the Federal agency; or
(B) if consistent with the purposes of the Federal
agency, in any repository meeting conditions determined
favorable by the Federal agency, including free public
access, interoperability, and long-term preservation.
(c) Application of Policy.--Each Federal research public access
policy shall--
(1) apply to--
(A) researchers employed by the Federal agency
whose works remain in the public domain; and
(B) researchers funded by the Federal agency;
(2) provide that works described under paragraph (1)(A)
shall be--
(A) marked as being public domain material when
published; and
(B) made immediately available under subsection
(b)(4); and
(3) make effective use of any law or guidance relating to
the creation and reservation of a Government license that
provides for the reproduction, publication, release, or other
uses of a final manuscript for Federal purposes.
(d) Exclusions.--Each Federal research public access policy shall
not apply to--
(1) laboratory notes, preliminary data analyses, notes of
the author, phone logs, or other information used to produce
final manuscripts;
(2) classified research, research resulting in works that
generate revenue or royalties for authors (such as books) or
patentable discoveries, to the extent necessary to protect a
copyright or patent; or
(3) authors who do not submit their work to a journal or
works that are rejected by journals.
(e) Patent or Copyright Law.--Nothing in this Act shall be
construed to affect any right under the provisions of title 17 or 35,
United States Code.
(f) Report.--
(1) In general.--Not later than October 1, of each year,
the head of each Federal agency shall submit a report on the
Federal research public access policy of that agency to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Government Reform of the House
of Representatives; and
(C) any other committee of Congress of appropriate
jurisdiction.
(2) Content.--Each report under this subsection shall
include--
(A) a statement of the effectiveness of the Federal
research public access policy in providing the public
with free online access to papers on research funded by
the Federal agency;
(B) a list of papers published in peer-reviewed
journals that report on research funded by the Federal
agency;
(C) a corresponding list of papers made available
by the Federal agency as a result of the Federal
research public access policy; and
(D) a summary of the periods of time between public
availability of each paper in a journal and in the
online repository of the Federal agency.
(3) Public availability.--The Federal agency shall make the
statement under paragraph (2)(A) and the lists of papers under
subparagraphs (B) and (C) of paragraph (2) available to the
public by posting such statement and lists on the website of
the Federal agency. | Federal Research Public Access Act of 2006 - Requires each federal agency with extramural research expenditures of over $100 million to develop a specified federal research public access policy that is consistent with and advances the purposes of the agency.
Makes each federal research public access policy applicable to: (1) researchers employed by the federal agency whose works remain in the public domain; and (2) researchers funded by the agency. Specifies exclusions.
Requires the submission of annual reports by each federal agency on its federal research public access policy. | {"src": "billsum_train", "title": "A bill to provide for Federal agencies to develop public access policies relating to research conducted by employees of that agency or from funds administered by that agency."} | 1,119 | 113 | 0.587178 | 1.418111 | 1.327571 | 3.980392 | 10.833333 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Competitive Pricing Act of
2002''.
SEC. 2. AMENDMENTS.
Section 2 of the Act of March 9, 1945 (59 Stat. 34; 15 U.S.C.
1012), commonly known as the McCarran-Ferguson Act, is amended--
(1) in subsection (b)--
(A) by striking ``: Provided, That after June 30,
1948,'' and inserting ``, except that'',
(B) by inserting ``section 5 of'' after ``Clayton
Act, and'',
(C) by inserting ``as such section 5 relates to
monopolies, attempts to monopolize, and unlawful
restraints of trade,'' after ``Commission Act, as
amended,'', and
(D) by striking ``that such business'' and all that
follows through ``law.'' and inserting the following:
``that--
``(1) such business is not regulated by State law; or
``(2) the conduct of a person engaged in such business
involves--
``(A) price fixing;
``(B) allocating with a competitor a geographical
area in which, or persons to whom, insurance will be
offered for sale;
``(C) unlawfully tying the sale or purchase of--
``(i) one type of insurance to the sale or
purchase of another type of insurance; or
``(ii) any type of insurance to the sale or
purchase of any other service or product; or
``(D) monopolizing, or attempting to monopolize,
any part of the business of insurance.'', and
(2) by adding at the end the following:
``(c) The conduct referred to in subsection (b)(2) shall not
include making a contract, or engaging in a combination or conspiracy--
``(1) to collect, compile, or disseminate historical loss
data;
``(2) to determine a loss development factor applicable to
historical loss data; or
``(3) to perform actuarial services if such contract,
combination, or conspiracy does not involve a restraint of
trade.
``(d) The conduct referred to in subsection (b)(2) shall not
include making a contract, or engaging in a combination or conspiracy,
to determine a trend factor--
``(1) during the transition period; and
``(2) in the case of a person with a policyholders' surplus
of less than $10,000,000 or a policyholders' surplus of less
than $100,000,000 and whose direct written insurance premiums
for the line of business in question constitutes less than a
2.5 percent share of the total market in the most recently
ended 1-year period in every jurisdiction in which the person
is engaged in the business of insurance and which is not more
than 50 percent owned or controlled by another person engaged
in the business of insurance and which does not, together with
other persons engaging in such conduct have, in the aggregate,
in the then most recently completed 1-year period, 20 percent
or more of the relevant market in the line of insurance
involved.
``(e) For purposes of this section--
``(1) the term `historical loss data' means information
respecting claims paid, or reserves held for claims reported,
by any person engaged in the business of insurance;
``(2) the term `loss development factor' means an
adjustment to be made to reserves held for losses incurred for
claims reported by any person engaged in the business of
insurance, for the purpose of bringing such reserves to an
ultimate paid basis;
``(3) the term `transition period' means--
``(A) the 4-year period beginning on the effective
date of the Insurance Competitive Pricing Act of 2002,
in the case of a person--
``(i) that wrote insurance having an
aggregate amount of annual premiums less than
$20,000,000; and
``(ii) not more than 50 percent of which
was owned or controlled by another person
engaged in the business of insurance;
in the then most recently ended 1-year period; or
``(B) the 2-year period beginning on such effective
date, in the case of any person to which subparagraph
(A) does not apply; and
``(4) the term `trend factor' means an adjustment to be
made to losses incurred for claims reported by any person
engaged in the business of insurance, to reflect a change in
inflation or any other change in the estimated loss costs
incurred by persons engaged in the business of insurance.''.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect 1 year after the date of the enactment
of this Act. | Insurance Competitive Pricing Act of 2002 - Amends the McCarran-Ferguson Act to eliminate the antitrust exemption applicable to the business of insurance where the conduct involves: (1) price fixing; (2) allocating with a competitor a geographical area in which, or persons to whom, insurance will be offered for sale; (3) unlawfully tying the sale or purchase of one type of insurance to the sale or purchase of another type of insurance or any other service or product; or (4) monopolizing, or attempting to monopolize, any part of such business.Retains such exemption for conduct involving the making of a contract, or engaging in a combination or conspiracy, to: (1) collect or disseminate historical loss data; (2) determine a loss development factor applicable to such data; (3) perform actuarial services if such contract, combination, or conspiracy does not involve restraint of trade; or (4) determine a trend factor (an adjustment to reflect a change in inflation or any other change in the estimated loss costs incurred by certain persons engaged in the business of insurance) during a specified transition period. | {"src": "billsum_train", "title": "To modify the antitrust exemption applicable to the business of insurance."} | 1,034 | 244 | 0.691752 | 2.088917 | 0.887639 | 5.032258 | 4.668203 | 0.949309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senator Paul Simon Water for the
Poor Enhancement Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109-121)--
(A) makes access to safe water and sanitation for
developing countries a specific policy objective of
United States foreign assistance programs;
(B) requires the Secretary of State to--
(i) develop a strategy to elevate the role
of water and sanitation policy; and
(ii) improve the effectiveness of United
States assistance programs undertaken in
support of that strategy;
(C) codifies Target 10 of the United Nations
Millennium Development Goals; and
(D) seeks to reduce the proportion of people who
are unable to reach or afford safe drinking water and
basic sanitation by 50 percent by 2015.
(2) On December 20, 2006, the United Nations General
Assembly, in GA Resolution 61/192, declared 2008 as the
International Year of Sanitation, in recognition of the impact
of sanitation on public health, poverty reduction, economic and
social development, and the environment.
(3) On August 1, 2008, Congress passed H. Con. Res. 318,
which--
(A) supports the goals and ideals of the
International Year of Sanitation; and
(B) recognizes the importance of sanitation on
public health, poverty reduction, economic and social
development, and the environment.
(4) While progress is being made on safe water and
sanitation efforts--
(A) more than 884,000,000 people throughout the
world lack access to safe drinking water; and
(B) 2 of every 5 people in the world do not have
access to basic sanitation services.
(5) The health consequences of unsafe drinking water and
poor sanitation are staggering, accounting for--
(A) nearly 10 percent of the global burden of
disease; and
(B) more than 2,000,000 deaths each year.
(6) The effects of climate change are expected to produce
severe consequences for water availability and resource
management in the future, with 2,800,000,000 people in more
than 48 countries expected to face severe and chronic water
shortages by 2025.
(7) The impact of water scarcity on conflict and
instability is evident in many parts of the world, including
the Darfur region of Sudan, where demand for water resources
has contributed to armed conflict between nomadic ethnic groups
and local farming communities.
(8) In order to further the United States contribution to
safe water and sanitation efforts, it is necessary to--
(A) expand foreign assistance capacity to address
the challenges described in this section; and
(B) represent issues related to water and
sanitation at the highest levels of United States
foreign assistance deliberations, including
deliberations related to issues of global health, food
security, the environment, global warming, and maternal
and child mortality.
SEC. 3. PURPOSE.
The purpose of this Act is to enhance the capacity of the United
States Government to fully implement the Senator Paul Simon Water for
the Poor Act of 2005 (Public Law 109-121).
SEC. 4. DEVELOPING UNITED STATES GOVERNMENT CAPACITY.
Section 135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151h)
is amended by adding at the end the following:
``(e) Office of Water.--
``(1) Establishment.--To carry out the purposes of
subsection (a), the Administrator of the United States Agency
for International Development shall establish the Office of
Water.
``(2) Leadership.--The Office of Water shall be headed by
an Assistant Administrator for Safe Water and Sanitation, who
shall report directly to the Administrator.
``(3) Duties.--The Assistant Administrator shall--
``(A) implement this section and the Senator Paul
Simon Water for the Poor Act of 2005 (Public Law 109-
121); and
``(B) place primary emphasis on providing safe,
affordable, and sustainable drinking water, sanitation,
and hygiene.
``(f) Bureau of International Water.--
``(1) Establishment.--To increase the capacity of the
Department of State to address international issues regarding
safe water, sanitation, and other international water programs,
the Secretary of State shall establish the Bureau for
International Water within the Office of the Under Secretary
for Democracy and Global Affairs (referred to in this
subsection as the `Bureau').
``(2) Duties.--The Bureau shall--
``(A) oversee and coordinate the diplomatic policy
of the United States Government with respect to global
freshwater issues, including--
``(i) access to safe drinking water and
sanitation;
``(ii) river basin and watershed
management;
``(iii) transboundary conflict;
``(iv) agricultural and urban productivity
of water resources;
``(v) pollution mitigation; and
``(vi) adaptation to hydrologic change due
to climate variability; and
``(B) ensure that international freshwater issues
are represented--
``(i) within the United States Government;
and
``(ii) in key diplomatic, development, and
scientific efforts with other nations and
multilateral organizations.''.
SEC. 5. SAFE WATER AND SANITATION STRATEGY.
Section 6(e) of the Senator Paul Simon Water for the Poor Act of
2005 (Public Law 109-121) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) an assessment of the extent to which the United
States Government's efforts are reaching the goal described in
section 135(a)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2152h(a)(2)); and
``(8) recommendations on what the United States Government
would need to do to help achieve the goal referred to in
paragraph (7) if the United States Government's efforts were
proportional to its share of the world's economy.''.
SEC. 6. DEVELOPING LOCAL CAPACITY.
The Senator Paul Simon Water for the Poor Act of 2005 (Public Law
109-121) is amended--
(1) by redesignating sections 9, 10, and 11 as sections 10,
11, and 12, respectively; and
(2) by inserting after section 8 the following:
``SEC. 9. WATER AND SANITATION MANAGERS TRAINING PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary of State and the
Administrator of the United States Agency for International
Development shall establish, in every priority country, a
program to train local, in-country water and sanitation
managers, and other officials of countries that receive
assistance under section 135 of the Foreign Assistance Act of
1961 to promote the capacity of recipient governments to
provide affordable, equitable, and sustainable access to safe
drinking water and sanitation.
``(2) Coordination.--The program established under
subsection (a) shall be coordinated by the lead country water
manager designated in subsection (c)(2).
``(3) Expansion.--The Secretary and Administrator may
establish the program described in this section in additional
countries if the receipt of such training would be most
beneficial, with due consideration given to good governance.
``(b) Designation.--The United States Chief of Mission within each
country receiving a `high priority' designation under section 6(f)
shall--
``(1) designate safe drinking water and sanitation as a
strategic objective;
``(2) appoint an in-country water and sanitation manager
within the Mission to coordinate the in-country implementation
of this Act and section 135 of the Foreign Assistance Act of
1961 with local water managers, local government officials, the
Department of State, and the Office of Water of the United
States Agency for International Development; and
``(3) coordinate with the Development Credit Authority and
the Global Development Alliance to further the purposes of this
Act.''.
SEC. 7. GRANTS FOR LOW COST CLEAN WATER AND SANITATION TECHNOLOGIES.
Section 135(c) of the Foreign Assistance Act (22 U.S.C. 2152h(c))
is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end;
and
(3) by adding at the end the following:
``(5) provide grants through the United States Agency for
International Development to foster the development of low cost
and sustainable technologies for providing clean water and
sanitation that are suitable for use in high priority
countries, particularly in places with limited resources and
infrastructure.''.
SEC. 8. UPDATED REPORT REGARDING WATER FOR PEACE AND SECURITY.
Section 11(b) of the Senator Paul Simon Water for the Poor Act of
2005, as redesignated by section 6, is amended by adding at the end the
following: ``The report submitted under this subsection shall include
an assessment of current and likely future political tensions over
water sources and an assessment of the expected impacts of global
climate change on water supplies in 10, 25, and 50 years.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2009 and
each subsequent fiscal year such sums as may be necessary to carry out
this Act and the amendments made by this Act.
SEC. 10. CONSTRUCTION.
This Act shall be implemented in a manner consistent with the
Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121).
Nothing in this Act shall be construed in such a way as to override or
take precedence over the implementation of that Act. | Senator Paul Simon Water for the Poor Enhancement Act of 2008 - Amends the Foreign Assistance Act of 1961 to direct the Administrator of the United States Agency for International Development (USAID) to establish the Office of Water which shall: (1) implement the Senator Paul Simon Water for the Poor Act of 2005; and (2) place primary emphasis on providing safe drinking water, sanitation, and hygiene.
Directs the Secretary of State to establish the Bureau for International Water within the Office of the Under Secretary for Democracy and Global Affairs which shall: (1) coordinate U.S. diplomatic policy regarding global freshwater issues; and (2) ensure that international freshwater issues are represented within the U.S. government.
Amends the Senator Paul Simon Water for the Poor Act of 2005 to: (1) direct the Secretary and the Administrator to establish in every priority country a program to train local water and sanitation managers to promote government capacity to provide access to safe drinking water and sanitation; and (2) require that the water for peace and security report includes an assessment of current and likely future political tensions over water sources and an assessment of the future impacts of global climate change on water supplies.
Amends the Foreign Assistance Act of 1961 to authorize grants through USAID to develop technologies for providing clean water and sanitation in high priority countries with limited resources and infrastructure. | {"src": "billsum_train", "title": "A bill to enhance the capacity of the United States Government to fully implement the Senator Paul Simon Water for the Poor Act of 2005 and to improve access to safe drinking water and sanitation throughout the world."} | 2,085 | 266 | 0.601607 | 1.780167 | 0.754897 | 4.413127 | 7.888031 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colusa Basin Watershed Integrated
Resources Management Act''.
SEC. 2. AUTHORIZATION OF ASSISTANCE.
The Secretary of the Interior (in this Act referred to as the
``Secretary'') may provide financial assistance to the Colusa Basin
Drainage District, California (in this Act referred to as the
``District''), for use by the District or by local agencies acting
pursuant to section 413 of the State of California statute known as the
Colusa Basin Drainage Act (California Stats. 1987, ch. 1399) as in
effect on the date of the enactment of this Act (in this Act referred
to as the ``State statute''), for planning, design, environmental
compliance, and construction required in carrying out eligible projects
in the Colusa Basin Watershed to--
(1)(A) reduce the risk of damage to urban and agricultural
areas from flooding or the discharge of drainage water or
tailwater;
(B) assist in groundwater recharge efforts to alleviate
overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and riparian
habitat; and
(2) capture, as an incidental purpose of any of the
purposes referred to in paragraph (1), surface or stormwater
for conservation, conjunctive use, and increased water
supplies.
SEC. 3. PROJECT SELECTION.
(a) Eligible Projects.--A project shall be an eligible project for
purposes of section 2 only if it is--
(1) identified in the document entitled ``Colusa Basin
Water Management Program'', dated February 1995; and
(2) carried out in accordance with that document and all
environmental documentation requirements that apply to the
project under the laws of the United States and the State of
California.
(b) Compatibility Requirement.--The Secretary shall ensure that
projects for which assistance is provided under this Act are not
inconsistent with watershed protection and environmental restoration
efforts being carried out under the authority of the Central Valley
Project Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) or
the CALFED Bay-Delta Program.
SEC. 4. COST SHARING.
(a) Non-Federal Share.--The Secretary shall require that the
District and cooperating non-Federal agencies or organizations pay--
(1) 25 percent of the costs associated with construction of
any project carried out with assistance provided under this
Act; and
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to such a
project.
(b) Planning, Design, and Compliance Assistance.--Funds
appropriated pursuant to this Act may be made available to fund all
costs incurred for planning, design, and environmental compliance
activities by the District or by local agencies acting pursuant to the
State statute, in accordance with agreements with the Secretary.
(c) Treatment of Contributions.--For purposes of this section, the
Secretary shall treat the value of lands, interests in lands (including
rights-of-way and other easements), and necessary relocations
contributed by the District to a project as a payment by the District
of the costs of the project.
SEC. 5. COSTS NONREIMBURSABLE.
Amounts expended pursuant to this Act shall be considered
nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388;
43 U.S.C. 371 et seq.), and Acts amendatory thereof and supplemental
thereto.
SEC. 6. AGREEMENTS.
Funds appropriated pursuant to this Act may be made available to
the District or a local agency only if the District or local agency, as
applicable, has entered into a binding agreement with the Secretary--
(1) under which the District or the local agency is
required to pay the non-Federal share of the costs of
construction required by section 4(a); and
(2) governing the funding of planning, design, and
compliance activities costs under section 4(b).
SEC. 7. REIMBURSEMENT.
For project work (including work associated with studies, planning,
design, and construction) carried out by the District or by a local
agency acting pursuant to the State statute in section 2 before the
date amounts are provided for the project under this Act, the Secretary
shall, subject to amounts being made available in advance in
appropriations Acts, reimburse the District or the local agency,
without interest, an amount equal to the estimated Federal share of the
cost of such work under section 4.
SEC. 8. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may enter into cooperative
agreements and contracts with the District to assist the Secretary in
carrying out the purposes of this Act.
(b) Subcontracting.--Under such cooperative agreements and
contracts, the Secretary may authorize the District to manage and let
contracts and receive reimbursements, subject to amounts being made
available in advance in appropriations Acts, for work carried out under
such contracts or subcontracts.
SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982.
Activities carried out, and financial assistance provided, under
this Act shall not be considered a supplemental or additional benefit
for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43
U.S.C. 390aa et seq.).
SEC. 10. APPROPRIATIONS AUTHORIZED.
There are authorized to be appropriated to the Secretary to carry
out this Act $25,000,000, plus such additional amount, if any, as may
be required by reason of changes in costs of services of the types
involved in the District's projects as shown by engineering and other
relevant indexes. Sums appropriated under this section shall remain
available until expended. | Colusa Basin Watershed Integrated Resources Management Act - Authorizes the Secretary of the Interior to provide financial assistance for use by the Colusa Basin Drainage District, California, or by local agencies for planning, design, environmental compliance, and construction required to carry out eligible projects in the Colusa Basin Watershed to: (1) reduce the risk of damage to urban and agricultural areas from flooding or the discharge of drainage water or tailwater; (2) assist in groundwater recharge efforts to alleviate overdraft and land subsidence; or (3) construct, restore or preserve wetland and riparian habitat; and (4) capture surface or stormwater for conservation, conjunctive use, and increased water supplies. Requires the Secretary to ensure that funded projects are not inconsistent with watershed protection and environmental restoration efforts being carried out under the Central Valley Project Improvement Act or the CALFED Bay-Delta Program. Directs the Secretary to require that the District and cooperating non-Federal agencies or organizations pay: (1) 25 percent of project costs; and (2) 100 percent of project operation, maintenance, and replacement and rehabilitation costs.
Permits funds appropriated pursuant to this Act to be made available: (1) to fund all costs incurred for planning, design, and environmental compliance activities by the District or by local agencies in accordance with agreements with the Secretary; and (2) only to a District or a local agency that has entered into a binding agreement with the Secretary under which the District or local agency is required to pay the non-Federal share of construction costs and which governs the funding of planning, design, and compliance activities costs.
Authorizes appropriations. | {"src": "billsum_train", "title": "Colusa Basin Watershed Integrated Resources Management Act"} | 1,305 | 360 | 0.732509 | 2.379887 | 0.961427 | 5.034483 | 3.592476 | 0.952978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Simplification for Americans Act
of 2004''.
SEC. 2. HEAD OF HOUSEHOLD FILING STATUS CHANGED TO SINGLE HEAD OF
HOUSEHOLD.
(a) In General.--The following provisions of the Internal Revenue
Code of 1986 are each amended by striking ``head of a household'' each
place it appears and inserting ``single head of household'':
(1) Subsection (b) of section 1.
(2) Paragraphs (1) and (3) of section 2(b).
(3) The table in section 25B(b).
(4) Clause (iii) of section 151(c)(6)(B).
(5) Clauses (ii) and (iii) of section 151(d)(3)(C).
(6) Subparagraph (A) of section 6012(a)(1).
(b) Other Conforming Amendments.--
(1) Subparagraph (B) of section 63(c)(2) of such Code is
amended by striking ``head of household'' and inserting
``single head of household''.
(2) Section 1 of such Code is amended--
(A) in the heading for subsection (b) by inserting
``Single'' before ``Heads'' ,
(B) in subsection (c) by inserting ``single''
before ``head'', and
(C) in the heading of subsection (c) by inserting
``single'' before ``heads''.
(3) The heading for section 2(b) of such Code is amended to
read as follows: ``Definition of Single Head of Household''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. EXPANDED AVAILABILITY OF 1040EZ AND 1040A.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7529. DOLLAR THRESHOLD FOR THE USE OF FORMS 1040EZ AND 1040A.
``(a) In General.--An individual shall not be ineligible to use
Form 1040EZ and Form 1040A for filing individual income tax returns on
the basis of--
``(1) the amount of the taxpayer's taxable interest income,
or
``(2) the amount of the taxpayer's taxable income,
so long as the taxpayer's taxable income does not exceed $100,000.
``(b) Inflation Adjustment.--In the case of any taxable year
beginning in a calendar year after 2004, the $100,000 dollar amount in
subsection (a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2003' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''.
(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. Dollar threshold for the use
of forms 1040EZ and 1040A.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 4. SIMPLIFICATION THROUGH ELIMINATION OF INOPERATIVE PROVISIONS.
(a) In General.--
(1) Adjustments in tax tables so that inflation will not
result in tax increases.--Paragraph (7) of section 1(f) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(7) Special rule for certain brackets.--In prescribing
tables under paragraph (1) which apply to taxable years
beginning in a calendar year after 1994, the cost-of-living
adjustment used in making adjustments to the dollar amounts at
which the 36 percent rate bracket begins or at which the 39.6
percent rate bracket begins shall be determined under paragraph
(3) by substituting `1993' for `1992'.''.
(2) Earned income credit.--Paragraph (1) of section 32(b)
of such Code is amended--
(A) by striking subparagraphs (B) and (C), and
(B) in subparagraph (A) by striking ``(A) In
general.--In the case of taxable years beginning after
1995'' and moving the table 2 ems to the left.
(3) Annuities; certain proceeds of endowment and life
insurance contracts.--Section 72 of such Code is amended--
(A) in subsection (c)(4) by striking ``; except
that if such date was before January 1, 1954, then the
annuity starting date is January 1, 1954'', and
(B) in subsection (g)(3) by striking ``January 1,
1954, or'' and ``, whichever is later''.
(4) Accident and health plans.--Section 105(f) of such Code
is amended by striking ``or (d)''.
(5) Flexible spending arrangements.--Section 106(c)(1) of
such Code is amended by striking ``Effective on and after
January 1, 1997, gross'' and inserting ``Gross''.
(6) Certain combat zone compensation of members of the
armed forces.--Subsection (c) of section 112 of such Code is
amended--
(A) by striking ``(after June 24, 1950)'' in
paragraph (2), and
(B) striking ``such zone;'' and all that follows in
paragraph (3) and inserting ``such zone.''.
(7) Principal residence.--Section 121(b)(3) of such Code is
amended--
(A) by striking subparagraph (B), and
(B) in subparagraph (A) by striking ``(A) In
general.--'' and moving the text 2 ems to the left.
(8) Certain reduced uniformed services retirement pay.--
Section 122(b)(1) of such Code is amended by striking ``after
December 31, 1965,''.
(9) Mortgage revenue bonds for residences in federal
disaster areas.--Section 143(k) of such Code is amended by
striking paragraph (11).
(10) State legislators' travel expenses away from home.--
Paragraph (4) of section 162(h) of such Code is amended by
striking ``For taxable years beginning after December 31, 1980,
this'' and inserting ``This''.
(11) Health insurance costs of self-employed individuals.--
Paragraph (1) of section 162(l) of such Code is amended to read
as follows:
``(1) Allowance of deduction.--In the case of an individual
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to 100 percent of the amount paid during the
taxable year for insurance which constitutes medical care for
the taxpayer and the taxpayer's spouse and dependents.''.
(12) Interest.--
(A) Section 163 of such Code is amended--
(i) by striking paragraph (6) of subsection
(d), and
(ii) by striking paragraph (5) of
subsection (h).
(B) Section 56(b)(1)(C) of such Code is amended by
striking clause (ii) and by redesignating clauses
(iii), (iv), and (v) as clauses (ii), (iii), and (iv),
respectively.
(13) Amounts received by surviving annuitant under joint
and survivor annuity contract.--Subparagraph (A) of section
691(d)(1) of such Code is amended by striking ``after December
31, 1953, and''.
(14) Income taxes of members of armed forces on death.--
Section 692(a)(1) of such Code is amended by striking ``after
June 24, 1950''.
(15) Tax on nonresident alien individuals.--Subparagraph
(B) of section 871(a)(1) of such Code is amended to read as
follows:
``(B) gains described in subsection (b) or (c) of
section 631,''.
(16) Old-age, survivors, and disability insurance.--
Subsection (a) of section 1401 of such Code is amended by
striking ``the following percent'' and all that follows and
inserting ``12.4 percent of the amount of the self-employment
income for such taxable year.''.
(17) Hospital insurance.--Subsection (b) of section 1401 of
such Code is amended by striking ``the following percent'' and
all that follows and inserting ``2.9 percent of the amount of
the self-employment income for such taxable year.''.
(18) Ministers, members of religious orders, and christian
science practitioners.--Paragraph (3) of section 1402(e) of
such Code is amended by striking ``whichever of the following
dates is later: (A)'' and by striking ``; or (B)'' and all that
follows and inserting a period.
(19) Withholding of tax on nonresident aliens.--The first
sentence of subsection (b) of section 1441 of such Code and the
first sentence of paragraph (5) of section 1441(c) of such Code
are each amended by striking ``gains subject to tax'' and all
that follows through ``October 4, 1966'' and inserting ``and
gains subject to tax under section 871(a)(1)(D)''.
(20) Retirement.--Section 7447(i)(3)(B)(ii) of such Code is
amended by striking ``at 4 percent per annum to December 31,
1947, and at 3 percent per annum thereafter'', and inserting
``at 3 percent per annum''.
(21) Annuities to surviving spouses and dependent children
of judges.--
(A) Paragraph (2) of section 7448(a) of such Code
is amended by striking ``or under section 1106 of the
Internal Revenue Code of 1939'' and by striking ``or
pursuant to section 1106(d) of the Internal Revenue
Code of 1939''.
(B) Subsection (g) of section 7448 of such Code is
amended by striking ``or other than pursuant to section
1106 of the Internal Revenue Code of 1939''.
(C) Subsections (g), (j)(1), and (j)(2) of section
7448 of such Code are each amended by striking ``at 4
percent per annum to December 31, 1947, and at 3
percent per annum thereafter'' and inserting ``at 3
percent per annum''.
(b) Effective Date.--
(1) General rule.--Except as otherwise provided in
paragraph (2), the amendments made by subsection (a) shall take
effect on the date of enactment of this Act.
(2) Savings provision.--If--
(A) any provision amended or repealed by subsection
(a) applied to--
(i) any transaction occurring before the
date of the enactment of this Act,
(ii) any property acquired before such date
of enactment, or
(iii) any item of income, loss, deduction,
or credit taken into account before such date
of enactment, and
(B) the treatment of such transaction, property, or
item under such provision would (without regard to the
amendments made by subsection (a)) affect the liability
for tax for periods ending after such date of
enactment,
nothing in the amendments made by subsection (a) shall be
construed to affect the treatment of such transaction,
property, or item for purposes of determining liability for tax
for periods ending after such date of enactment.
Passed the House of Representatives July 21, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Tax Simplification for Americans Act of 2004 - Amends the Internal Revenue Code to: (1) rename the "head of household" filing status as "single head of household;" and (2) increase to $100,000 (with annual inflation adjustments after 2004) the income limit for use of tax forms 1040EZ and 1040A.
Repeals or amends certain expired or inoperative provisions of the Internal Revenue Code. Enacts a savings provision to prevent changes in tax liability resulting from repeals or amendments made by this Act for periods ending after enactment of this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to simplify certain tax rules for individuals."} | 2,763 | 126 | 0.650329 | 1.640402 | 0.584618 | 2.257143 | 22.838095 | 0.828571 |
SECTION 1. DEPUTY SECRETARY OF DEFENSE FOR MANAGEMENT.
(a) Establishment.--
(1) Position and duties.--
(A) Chapter 4 of title 10, United States Code, is
amended--
(i) in section 131(b), by striking
paragraph (1) and inserting the following new
paragraph:
``(1) Two Deputy Secretaries of Defense, as follows:
``(A) The Deputy Secretary of Defense.
``(B) The Deputy Secretary of Defense for
Management.''; and
(ii) by inserting after section 132 the
following new section 132a:
``SECTION 132a. Deputy Secretary of Defense for Management
``(a) Establishment.--(1) There is a Deputy Secretary of Defense
for Management, appointed from civilian life by the President, by and
with the advice and consent of the Senate, from among persons who
have--
``(A) extensive executive level leadership and management
experience in the private or public sector;
``(B) strong leadership skills;
``(C) a demonstrated ability to manage large and complex
organizations; and
``(D) a record of achieving positive operational results.
``(2) A person may not be appointed as Deputy Secretary of Defense
for Management within 10 years after relief from active duty as a
commissioned officer of a regular component of an armed force.
``(3) The Deputy Secretary of Defense for Management shall serve
for a term of seven years, except that the Deputy Secretary may be
removed earlier if the Secretary of Defense determines under subsection
(h)(2) that the Deputy Secretary's performance has not been
satisfactory.
``(b) General Authority.--(1) The Deputy Secretary of Defense for
Management--
``(A) serves as the Chief Management Officer of the
Department of Defense;
``(B) is the principal adviser to the Secretary of Defense
on matters relating to the management of the Department of
Defense, including defense business activities, to ensure
departmentwide capability to carry out the strategic plan of
the Department of Defense in support of national security
objectives; and
``(C) performs such additional duties and exercises such
other powers as the Secretary may prescribe.
``(2) The Deputy Secretary of Defense for Management takes
precedence in the Department of Defense immediately after the Deputy
Secretary of Defense.
``(3)(A) The Deputy Secretary of Defense for Management shall act
for, and exercise the powers of, the Secretary of Defense when--
``(i) the Secretary is disabled or there is no Secretary of
Defense; and
``(ii) the Deputy Secretary of Defense is disabled or there
is no Deputy Secretary of Defense.
``(B) The Deputy Secretary of Defense for Management shall act for,
and exercise the powers of, the Deputy Secretary of Defense when the
Deputy Secretary is disabled or there is no Deputy Secretary of
Defense.
``(c) Management Duties.--To support the economical, efficient, and
effective execution of the national defense objectives, policies, and
plans of the Department of Defense, the Deputy Secretary of Defense for
Management shall be responsible to the Secretary of Defense for the
development, approval, implementation, integration, and oversight of
policies, procedures, processes, and systems for the management of the
Department of Defense that relate to performance of the following
functions:
``(1) Planning and budgeting, including performance
measurement.
``(2) Acquisition.
``(3) Logistics.
``(4) Facilities, installations, and environment.
``(5) Financial management.
``(6) Human resources and personnel.
``(7) Management of information resources, including
information technology, networks, and telecommunications
functions.
``(d) Defense Business Reform.--For the functions specified in
subsection (c), the Deputy Secretary of Defense for Management shall--
``(1) develop and maintain a departmentwide management
strategic plan for business reform, and identify key
initiatives to be undertaken by the Department of Defense and
its components, together with related resource needs;
``(2) establish performance goals and measures for
improving and evaluating overall economy, efficiency, and
effectiveness;
``(3) monitor and measure the progress of the Department
and its components in meeting established performance goals for
improving economy, efficiency, and effectiveness; and
``(4) review and approve plans and budgets for business
reform, including any proposed changes to policies, procedures,
processes, and systems, to ensure the compatibility of those
plans and budgets with--
``(A) the overall strategic plan and budget of the
Department;
``(B) the strategic plan for business reform of the
Department; and
``(C) achievement of the integration of business
activities throughout the Department.
``(e) Defense Business Systems.--(1) In carrying out the duties of
the position under this section, the Deputy Secretary of Defense for
Management shall oversee the implementation of a defense business
systems modernization program including the expenditure of any funds
appropriated for maintaining legacy systems and for modernizing defense
business systems.
``(2) The Deputy Secretary of Defense for Management shall--
``(A) oversee the development of, and shall review and
approve, all budget requests for defense business systems,
including the information to be submitted to Congress under
section 2222(h) of this title; and
``(B) subject to the authority, direction, and control of
the Secretary of Defense, perform the responsibilities of the
Secretary under section 2222 of this title.
``(3) In this subsection, the terms `defense business system' and
`defense business system modernization' have the meanings given to
those terms in section 2222(j) of this title.
``(f) Relationship to Other Defense Officials.--The Deputy
Secretary of Defense for Management exercises the authority of the
Secretary of Defense in the performance of the duties of the Deputy
Secretary under this section, subject to the authority, direction, and
control of the Secretary. The Secretaries of the military departments
and the heads of the other elements of the Department of Defense are
subject to the authority, direction, and control of the Deputy
Secretary in the performance of their duties with respect to matters
within the authority of the Deputy Secretary, and the exercise of that
authority by the Deputy Secretary is binding on the military
departments and such other elements.
``(g) Consultation With Other Officials.--In carrying out the
duties of the position under this section, the Deputy Secretary of
Defense for Management shall consult on a continuing basis with the
Deputy Secretary of Defense, the Secretaries of the military
departments, and the Chairman of the Joint Chiefs of Staff--
``(1) to support economical, efficient, and effective
performance of the missions of the Department of Defense; and
``(2) to support each of those officials--
``(A) in the implementation of the national defense
strategy and the strategic plan of the Department of
Defense; and
``(B) in the administration of related programs,
plans, operations, and activities.
``(h) Performance and Evaluation.--(1) The Secretary of Defense and
the Deputy Secretary of Defense for Management shall jointly identify
in writing each year the individual and organizational goals to be
achieved by the Deputy Secretary during the succeeding year. Such goals
shall be expressed in terms of measurable milestones, and shall be
consistent with the goals and measures established under subsection
(d). Each set of goals so identified shall be available for public
disclosure.
``(2) The Secretary of Defense shall evaluate the performance of
the Deputy Secretary of Defense for Management each year and shall
determine as part of each such evaluation whether the Deputy Secretary
has made satisfactory progress toward achieving the goals set out in
the performance agreement for that year under paragraph (1).''.
(B) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 132 the following new item:
``132a. Deputy Secretary of Defense for Management.''.
(2) Executive level ii.--Section 5313 of title 5, United
States Code, is amended by inserting after ``Deputy Secretary
of Defense.'' the following:
``Deputy Secretary of Defense for Management.''.
(b) Membership of Certain Department of Defense Management
Committees.--
(1) Financial management modernization executive
committee.--Section 185(a) of title 10, United States Code, is
amended--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (A),
(B), (C), (D), and (E) as subparagraphs (B),
(C), (D), (E), and (F), respectively;
(ii) by inserting after ``composed of the
following:'' the following new subparagraph
(A):
``(A) The Deputy Secretary of Defense for Management, who
shall be the chairman of the committee.''; and
(iii) in subparagraph (B), as redesignated
by clause (i), by striking ``, who shall be the
chairman of the committee''; and
(B) in paragraph (3), by inserting ``the Deputy
Secretary of Defense for Management,'' after ``the
Deputy Secretary of Defense,''.
(2) Defense business system management committee.--Section
186 of such title is amended by striking ``Deputy Secretary of
Defense'' each place it appears in subsections (a)(1) and (b)
and inserting ``Deputy Secretary of Defense for Management''.
(c) Adjustments to Duties and Precedence of Other Officials.--
(1) Under secretary of defense for policy.--Section 134 of
title 10, United States Code, is amended--
(A) in subsection (b)(2), by striking ``Secretary
of Defense--'' and inserting ``Secretary of Defense and
the Deputy Secretary of Defense--''; and
(B) in subsection (c), by inserting ``the Deputy
Secretary of Defense for Management,'' after ``the
Deputy Secretary of Defense,''.
(2) Under secretary of defense for acquisition, technology,
and logistics.--Section 133(e) of such title is amended--
(A) in paragraph (1), by striking ``and the Deputy
Secretary of Defense'' and inserting ``, the Deputy
Secretary of Defense, and the Deputy Secretary of
Defense for Management''; and
(B) in paragraph (2), by inserting ``the Deputy
Secretary of Defense for Management,'' after ``the
Deputy Secretary of Defense,''.
(3) Deputy under secretary of defense for logistics and
materiel readiness.--Section 133b(c)(2) of such title is
amended by inserting ``the Deputy Secretary of Defense for
Management,'' after ``the Deputy Secretary of Defense,''.
(4) Director of operational test and evaluation.--Section
139 of such title is amended--
(A) in subsection (b)--
(i) in paragraph (2), by striking ``and the
Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``,
the Deputy Secretary of Defense, the Deputy
Secretary of Defense for Management, the Under
Secretary of Defense for Acquisition,
Technology, and Logistics,''; and
(ii) in paragraph (6), by inserting ``, the
Deputy Secretary of Defense, and the Deputy
Secretary of Defense for Management'' after
``the Secretary of Defense''; and
(B) in subsection (c), by striking ``and the Deputy
Secretary of Defense'' in the first sentence and
inserting ``, the Deputy Secretary of Defense, and the
Deputy Secretary of Defense for Management''. | Establishes in the Department of Defense (DOD) a Deputy Secretary of Defense for Management (Deputy Secretary) to: (1) serve as the Chief Management Officer of DOD; and (2) act as principal adviser to the Secretary of Defense on matters relating to the management of DOD, including defense business activities.
Makes the Deputy Secretary responsible to the Secretary for development, approval, implementation, integration, and oversight for the management of DOD that relate to performance of the the following functions: (1) planning and budgeting, including performance measurement; (2) acquisition; (3) logistics; (4) facilities, installations, and environment; (5) financial management; (6) human resources and personnel; and (7) management of information resources.
Requires the Deputy Secretary, among other things, to: (1) develop and maintain a department-wide strategic plan for defense business reform; and (2) establish performance goals and measures for improving and evaluating overall DOD economy, efficiency, and effectiveness.
Directs the Secretary and the Deputy Secretary to jointly identify each year the individual and organizational goals to be achieved by the Deputy Secretary. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to establish the position of Deputy Secretary of Defense for Management, and for other purposes."} | 2,508 | 229 | 0.621572 | 1.6156 | 0.833859 | 5 | 10.845815 | 0.947137 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John Hope Franklin Tulsa-Greenwood
Race Riot Claims Accountability Act of 2009''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) In 1921, Greenwood (a community in Tulsa, Oklahoma) was
one of the most prosperous African-American communities in the
United States. Serving over 8,000 residents, Greenwood's
commercial district was known nationally as the ``Negro Wall
Street''. The community boasted two newspapers, over a dozen
churches, and hundreds of African-American-owned businesses.
(2) On the evening of May 31, 1921, the African-American
Greenwood community of Tulsa, Oklahoma, was ravaged by a White
mob. By the conclusion of the riot at midday, June 1, virtually
every building in a 42-square-block area of the community--
homes, schools, churches, and businesses--was burned to the
ground and thousands were left homeless. Over 1,200 homes were
destroyed. Every church, school, and business in Greenwood was
set on fire. Approximately 8,000 African-Americans were left
homeless and penniless. Unable to rebuild, thousands of
residents spent the winter of 1921-1922 in tents.
(3) Credible evidence supports the belief that up to 300
African-Americans were killed during the riot. As many victims
were buried in unmarked graves, an exact accounting is
impossible.
(4) In the wake of the White mob destruction of the
Greenwood District, a State-convened grand jury officially
placed responsibility for the violence on the African-American
community, exonerating Whites of all responsibility. Neither
the State nor the city undertook any investigations or
prosecutions, and documents relating to the riot vanished from
State archives. Ultimately, no convictions were obtained for
the incidents of murder, arson, or larceny connected with the
riot.
(5) None of the more than 100 contemporaneously filed
lawsuits by residents and property owners in Greenwood were
successful in recovering damages from insurance companies to
assist in the reconstruction of the community. After the city
attempted to block their redevelopment efforts, victims were
forced to rebuild with their own resources or abandon the
community.
(6) State and local governments suppressed or ignored
issues and claims arising from the 1921 riot, effectively
excising it from collective memory, until the Oklahoma
Legislature created a commission to study the event in 1997.
The commission's February 28, 2001, report uncovered new
information and detailed, for the first time, the extent of
involvement by the State and city government in prosecuting and
erasing evidence of the riot (Okla. Stat. Tit. 74 Section
8000.1 (West 2005)).
(7) The documentation assembled by The 1921 Tulsa Race Riot
Commission provides strong evidence that some local municipal
and county officials failed to take actions to calm or contain
the situation once violence erupted and, in some cases, became
participants in the subsequent violence, and even deputized and
armed many Whites who were part of a mob that killed, looted,
and burned down the Greenwood area.
(8) Based on new information contained in the report, the
Greenwood claimants filed suit, pursuant to the laws codifed in
sections 1981, 1983, and 1985 of title 42 of the United States
Code and the 14th amendment, seeking damages for the injuries
sustained in the riot as a result of the government's
involvement. Their claims were dismissed as time barred by the
court, and so were not determined on the merits. 382 F.3d 1206
(10th Cir. 2004), rehrg en banc denied (with dissent), 391 F.
3d 1155 (10th Cir. 2004), cert denied Alexander v. State of
Oklahoma, 544 U.S. 1044 (2005).
SEC. 3. DETERMINATION ON MERITS FOR GREENWOOD CLAIMANTS.
(a) In General.--Any Greenwood claimant who has not previously
obtained a determination on the merits of a Greenwood claim may, in a
civil action commenced not later than 5 years after the date of the
enactment of this Act, obtain that determination.
(b) Intent of Congress as to Remedial Nature of Section.--It is the
intent of Congress that this section be liberally construed so as to
effectuate its remedial purpose of giving a full determination on the
merits for each Greenwood claim denied that determination.
(c) Definitions.--In this Act--
(1) the term ``Greenwood claimant'' means an individual who
filed a discrimination complaint arising from conduct connected
to the May 31, 1921, race riot in Tulsa, Oklahoma; and
(2) the term ``Greenwood claim'' means a complaint filed in
the Alexander v. State of Oklahoma litigation that was
dismissed as time barred by the Federal court. | John Hope Franklin Tulsa-Greenwood Race Riot Claims Accountability Act of 2009 - Provides that any Greenwood, Oklahoma, claimant (a survivor or descendant of victims of the Tulsa, Oklahoma, Race Riot of 1921) who has not previously obtained a determination on the merits of a Greenwood claim may, in a civil action commenced within five years after enactment of this Act, obtain that determination. | {"src": "billsum_train", "title": "To provide a mechanism for a determination on the merits of the claims brought by survivors and descendants of the victims of the Tulsa, Oklahoma, Race Riot of 1921 but who were denied that determination."} | 1,102 | 103 | 0.450959 | 1.423749 | 1.037066 | 5.972973 | 13.175676 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MRSA Infection Prevention and
Patient Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acute care hospital.--The term ``acute care hospital''
means a hospital that maintains and operates an emergency room
(including a trauma or burn center), surgical unit, birthing
facility, and such other unit that is highly susceptible to
acquiring or transmitting infections, as determined by the
Secretary through regulations.
(2) Hospital.--The term ``hospital'' has the meaning given
such term in section 1861(e) of the Social Security Act (42
U.S.C. 1395x(e)) and includes critical access hospitals (as
defined in section 1861(mm) of such Act) and other entities
determined to be hospitals by the Secretary.
(3) MRSA.--The term ``MRSA'' means Methicillin-Resistant
Staphylococcus aureus.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. HOSPITAL INFECTION PREVENTION PROGRAMS.
(a) Regulations.--
(1) In general.--Not later than 5 months after the date of
enactment of this Act, the Secretary, in consultation with the
Director of the Centers for Disease Control and Prevention and
such independent experts as the Secretary determines
appropriate, shall promulgate regulations that--
(A) define the term ``MRSA'';
(B) provide a list of best practices for MRSA and
such other antibiotic resistant staphylococcus as the
Secretary determines appropriation;
(C) define the term ``high risk hospital
departments'' for purposes of applying the best
practices provided for under subparagraph (B), which
may include surgical, burn, neonatal, and such other
department as the Secretary may designate;
(D) provide screening, record keeping, and other
requirements as they relate to reductions in MRSA.
(2) Consistency.--The regulations promulgated under this
subsection shall be consistent with the requirements of this
Act.
(3) Effective date.--The regulations promulgated under
paragraph (1) shall take effect on the date that is 1 month
after the date on which such regulations are published in the
Federal Register, but in no case later than 6 months after the
date of enactment of this Act.
(b) Screening Requirements.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, all acute care hospitals shall screen
all patients entering intensive care units and other high risk
hospital departments (as defined in the regulations promulgated
under subsection (a)(1)).
(2) Extension of requirements.--
(A) In general.--The Secretary, in consultation
with the Director of the Centers for Disease Control
and Prevention, shall establish a process and a
timetable for extending the screening requirements of
paragraph (1) to all patients admitted to all
hospitals.
(B) Requirements fully applied.--The timetable
established under subparagraph (A), shall require that
all patients be covered by the screening requirements
under paragraph (1) by not later than January 1, 2012.
(C) Waivers.--The Secretary may waive the
requirements of this paragraph--
(i) if the Secretary determines that the
rate of MRSA (or similar infections) is
declining; or
(ii) if the Secretary determines that such
requirements should not apply to certain
hospitals or units of hospitals because the
danger of acquiring or transmitting MRSA (or
similar infections) is no greater than it is of
acquiring MRSA in the community.
(3) Medicare payment adjustments.--Not later than January
1, 2009, the Secretary shall submit to the appropriate
committees of Congress, a report on whether payment adjustments
should be made under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) to assist certain hospitals in defraying
the cost of screening for, and the subsequent treatment of,
MRSA (or similar infections). In preparing such report, the
Secretary shall give special consideration to the needs of
rural, critical access, sole community, and Medicare dependent
hospitals, and disproportionate share hospitals and other
hospitals with a disproportionate share of immune compromised
patients.
(c) Best Practices.--In addition to any other best practices
contained in the regulations promulgated under subsection (a), all
hospitals shall comply with the following:
(1) A hospital shall require contact (barrier) precautions,
as determined by the Secretary, be taken when treating patients
who test positive for MRSA colonization (as defined by the
Centers for Disease Control and Prevention).
(2) Where possible, a hospital will isolate, with the same
staffing ratio per bed as in the non-isolated beds of the
hospital, or cohort patients colonized or infected with MRSA,
control and monitor the movements of such patients within the
hospital, and take whatever steps are needed to stop the
transmission of MRSA bacteria to patients who did not come into
the hospital infected or colonized with such bacteria. The
Secretary may suspend the application of this paragraph in the
case of an emergency.
(3) All patients tested for MRSA shall be informed of the
results and such results shall be noted in the patient's
medical records.
(4) Patients being discharged from intensive care units
shall be tested again for MRSA, and those patients testing
positive will be informed of their status, and that status will
be noted in the patient's medical records in case of
readmittance to a hospital.
(5) A hospital shall educate their staff concerning modes
of transmission of MRSA, use of protective equipment,
disinfection policies and procedures, and other preventive
measures.
(d) Reporting.--
(1) In general.--Not later than January 1, 2009, all
hospitals shall, using the National Healthcare Safety Network
of the Centers for Disease Control and Prevention, report the
number of cases of hospital-acquired MRSA and other resistant
infection rates that occur in the hospital facility. The
Secretary shall develop a process for the risk adjustment of
such reports by hospitals.
(2) Publication.--The Secretary shall develop a system for
the publication of hospital-specific MRSA and other infection
rates.
(e) Non-Hospital Medicare Providers.--
(1) MRSA infection reporting.--The Secretary, using the
MRSA and other infection information identified under section
(b) and such other billing and coding information as necessary,
shall develop a system of identifying infected transferred
patients. The Secretary shall define by regulation the term
infected transferred patient, and such term shall include any
patient who, after discharge from, or treatment at, a non-
hospital Medicare provider (including, but not limited to, a
skilled nursing facility, end stage renal disease program, or
ambulatory surgical center), is admitted directly (or within 5
days of such discharge or treatment) to the hospital with MRSA
(or other infection). The Secretary shall establish a system to
promptly inform any facility that has transferred an infected
patient. Unless such facility can provide a reasonable
explanation that the infection was not acquired in that
facility, the facility shall submit to the Secretary a MRSA
infection action plan to reduce such infections.
(2) Assistance.--The Secretary shall promulgate regulations
to develop a program to provide technical assistance and
educational materials to non-hospital Medicare providers
described in paragraph (1) in order to assist in preventing
subsequent MRSA infections.
(3) Publication of certain information.--If a non-hospital
Medicare provider identified in a report submitted under
paragraph (1) fails to take steps, as described in the action
plan submitted under such paragraph, to combat MRSA infections,
the Secretary shall publish the name of the provider and the
number of MRSA infections from such provider in the previous
year.
(f) Assistance.--
(1) In general.--To provide for the rapid implementation of
MRSA screening programs and initiatives through the
installation of certified MRSA screening equipment and the
provision of necessary support services, a hospital may submit
an application to the Secretary for a 1-year increase in the
amount of the capital-related costs payment made to the
hospital under the prospective payment system under section
1886(g) of the Social Security Act (42 U.S.C. 1395ww(g)). The
Secretary shall approve all requests that the Secretary
determines are reasonable and necessary.
(2) Repayment.--A hospital that receives an increase under
paragraph (1) shall, not later than 4 years after the date of
receipt of such increase, reimburse the Secretary for the costs
of such increase. Such costs shall include the accrual of
interest at the rate payable for Federal Treasury notes. Such
reimbursement may be in the form of reduced capital-related
costs payments to the hospital under the system described in
paragraph (1) for the years following the year in which the
increase was received.
(3) Certification system.--Not later than 6 months after
the date of enactment of this Act, the Secretary shall
promulgate regulations for the development of a system to
certify appropriate MRSA screening and support services for
purposes of this subsection. | MRSA Infection Prevention and Patient Protection Act - Directs the Secretary of Health and Human Services to promulgate regulations that: (1) define "MRSA" (methicillin-resistant staphylococcus aureus); (2) provide a list of best practices for antibiotic resistant staphylococcus; (3) define "high risk hospital departments" for purposes of applying such practices; and (4) provide screening, recordkeeping, and other requirements as they relate to MRSA reductions.
Requires acute care hospitals to screen patients entering intensive care units and other high risk hospital departments. Directs the Secretary to: (1) establish a process and a timetable for extending the screening requirements to patients admitted to all hospitals by January 1, 2012, subject to a waiver; and (2) report to Congress, by January 1, 2009, on whether payment adjustments should be made under Medicare to assist certain hospitals in defraying the cost of screening for, and the subsequent treatment of, MRSA or similar infections.
Requires all hospitals to: (1) comply with specified MRSA best practices, including contact precautions and patient isolation; and (2) report by January 1, 2009, the number of cases of hospital-acquired MRSA and other resistant infection rates that occur in the facility. Requires the Secretary to: (1) develop systems of identifying infected transferred patients and promptly informing any facility that has transferred an infected patient; and (2) promulgate regulations to develop a program to provide technical assistance and educational materials to non-hospital Medicare providers to assist in preventing MRSA infections.
Permits a hospital to apply to the Secretary for a one-year increase in the amount of the capital-related costs payment made to the hospital under the prospective payment system, subject to specified repayment and certification requirements. | {"src": "billsum_train", "title": "A bill to prevent health care facility-acquired infections."} | 1,974 | 379 | 0.643382 | 1.981874 | 0.832577 | 4.246334 | 5.410557 | 0.938416 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Student and Scholar
Access Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has a strategic need to improve its
student visa screening process to protect against terrorists
who would abuse the system to harm the United States.
(2) At the same time, openness to international students
and exchange visitors serves longstanding and important United
States foreign policy, educational, and economic interests, and
the erosion of such exchanges is contrary to United States
national security interests.
(3) Educating successive generations of future world
leaders in the United States has long been an important
underpinning of United States international influence and
leadership.
(4) Open scientific exchange, which enables the United
States to benefit from the knowledge of the world's top
scientists, has long been an important underpinning of United
States scientific leadership.
(5) The United States has seen a dramatic increase in
requests for Visa Mantis checks designed to protect against
illegal transfers of sensitive technology, from 1,000 in fiscal
year 2000 to 20,000 in fiscal year 2003.
(6) Delays in issuing Visa Mantis security clearances have
discouraged some international scholars from coming to the
United States.
(7) International students and their families studying in
the United States contribute close to $12,000,000,000 to the
United States economy each year, making higher education a
major service sector export.
(8) Delays in obtaining student visas have discouraged many
international students from studying in the United States.
(9) Total international applications to graduate schools in
the United States for fall 2004 declined 32 percent from fall
2003.
(10) The number of international students enrolled in the
United States, which in raw numbers consistently increased over
time and grew by 6 percent during both the 2000-2001 and 2001-
2002 school years, leveled off dramatically during the 2002-
2003 school year to an increase of only .6 percent.
(11) Concerns related to the anticipated international
student monitoring system known as ``SEVIS'' have contributed
to the decline in the number of foreign applicants to
educational institutions in the United States.
(12) The United States requires a visa system for exchange
programs that maximizes United States national security.
(13) The United States requires a comprehensive strategy
for recruiting international students as well as enhancing the
access of international students to higher education in the
United States.
TITLE I--NATIONAL STRATEGY FOR ENHANCING INTERNATIONAL STUDENT ACCESS
TO THE UNITED STATES
SEC. 101. STRATEGIC PLAN.
Not later than 180 days after the date of enactment of this Act,
the President, in consultation with United States higher education
institutions, organizations that participate in international exchange
programs, and other appropriate groups, shall submit to the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives a strategic plan for
enhancing international student access to the United States for study
and exchange activities that includes:
(1) A marketing plan to makes use of Internet and other
media resources to promote and facilitate study in the United
States by international students.
(2) A clear division of responsibility that eliminates
duplication and promotes inter-agency cooperation with regard
to the roles of the Departments of State, Commerce, Education,
and Homeland Security in promoting and facilitating access
to the United States for international student and exchange visitors.
(3) A mechanism for institutionalized coordination of the
efforts of Departments of State, Commerce, Education, and
Homeland Security in facilitating access to the United States
for international student and exchange visitors.
(4) An effective mandate and strategic plan for use of the
overseas educational advising centers of the Department of
State to promote study in the United States and to prescreen
visa applicants.
(5) Well-defined lines of authority and responsibility for
international students in the Department of Commerce.
(6) A clear mandate related to international student access
for the Department of Education.
(7) Streamlined procedures within the Department of
Homeland Security related to international student and exchange
visitors.
SEC. 102. ANNUAL REPORTS TO CONGRESS.
(a) In General.--The President, acting through the Secretary of
State and in consultation with the Secretary of Education, Secretary of
Commerce, and Secretary of Homeland Security shall submit an annual
report on the implementation of the national strategy developed in
accordance with section 101 to Congress that would describe the
following:
(1) Measures undertaken to enhance international student
access to the United States and improve inter-agency
coordination with regard to international students and exchange
visitors as provided in section 101.
(2) Measures taken to implement section 202.
(3) The number of student and exchange visitors who apply
for visas from the United States, and the number whose visas
are approved.
(4) The average processing time for student and
international visitor visas.
(5) The number of student and international visitor visas
requiring inter-agency review.
(6) The number of student and international visitor visas
approved after submission of the visa applications during each
of the following durations:
(A) Less than 15 days.
(B) 15-30 days.
(C) 31-45 days.
(D) 46-60 days.
(E) 61-90 days.
(F) More than 90 days.
(b) Submission of Report.--Not later than May 30 of 2005, and
annually thereafter through 2008, the President shall submit to
Congress the report described in subsection (a).
SEC. 103. REFORMING SEVIS FEE PROCESS.
(a) Reduced Fee for Short-Term Study.--Section 641(e)(4)(A) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372(e)(4)(A)) is amended in the second sentence, by inserting
before the period the following: ``or the admission of an alien under
section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F)) for a program that does not exceed 90 days''.
(b) Improving Fee Collection.--Not later than 60 days after the
date of enactment of this Act, the Secretary of Homeland Security and
the Secretary of State shall jointly submit to the Committee on Foreign
Relations and the Committee on the Judiciary of the Senate and the
Committee on International Relations and the Committee on the Judiciary
of the House of Representatives a report on the feasibility of
collecting the fee required by section 641(e) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372(e))--
(1) in local currency at local financial institutions under
procedures established by the Secretary of State; and
(2) by universities as part of a student's tuition and
fees.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of State,
Department of Education, Department of Homeland Security, and
Department of Commerce such sums as may be necessary to carry out the
activities described in section 101.
TITLE II--IMPROVING THE VISA PROCESS
SEC. 201. SENSE OF CONGRESS; PURPOSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) improvements in visa processing would enhance the
national security of the United States by--
(A) permitting closer scrutiny of visa applicants
who might pose risks; and
(B) permitting the timely adjudication of visa
applications of those whose presence in the United
States serves important national interests; and
(2) improvements must include--
(A) an operational visa policy that articulates the
national interest of the United States in denying entry
to visitors who seek to harm the United States and in
opening entry to legitimate visitors, to guide consular
officers in achieving the appropriate balance;
(B) a greater focus by the visa system on visitors
who require special screening, while minimizing delays
for legitimate visitors;
(C) a timely, transparent, and predictable visa
process, through appropriate guidelines for inter-
agency review of visa applications; and
(D) a provision of the necessary resources to fund
a visa processing system that meets the requirements of
this title.
(b) Purpose.--It is the purpose of this title to specify the
improvements described in subsection (a).
SEC. 202. VISA PROCESSING GUIDANCE.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of State--
(1) shall issue appropriate guidance to consular officers
in order to--
(A) give consulates appropriate discretion to grant
waivers of personal appearance in order to minimize
delays for legitimate travelers while permitting more thorough
interviews of visa applicants in appropriate cases;
(B) give consulates appropriate discretion to allow
security clearances under the Visas Mantis system to be
valid for the duration of status or program, in order
to avoid repetitive reviews of those visitors who leave
the United States temporarily; and
(C) establish a presumption of visa approval for
frequent visitors who have previously been granted
visas for the same purpose and who have no status
violations; and
(2) in consultation with the Director of the Office of
Science and Technology Policy and appropriate representatives
of the United States scientific community, shall issue
appropriate guidance to consular officers in order to refine
controls on the entry of visitors who propose to engage in
study or research in advanced science and technology in order
to ensure that only cases of concern, and not nonsensitive
cases, are subjected to special review.
(b) Timeliness Standards.--Not later than 60 days after the date of
enactment of this Act, the President shall institute guidelines for
inter-agency review of visa applications requiring security clearances
which establish the following standards for timeliness in international
student and visitor visas:
(1) Establish a 15-day standard for responses to the
Department of State by other agencies involved in the clearance
process.
(2) Establish a 30-day standard for completing the entire
inter-agency review and advising the consulate of the result of
the review.
(3) Provide for expedited processing of any visa
application with respect to which a review is not completed
within 30 days, and for advising the consulate of the delay and
the estimated processing time remaining.
(4) Require the establishment of a process by which the
applicant, or the program to which the applicant seeks access,
can inquire about the application's status and the estimated
processing time remaining.
(5) Establish a special review process to resolve any cases
whose resolution is still pending after 60 days.
SEC. 203. INTEROPERABLE DATA SYSTEMS AT THE FBI.
(a) Responsibilities of the FBI Director.--The Director of the
Federal Bureau of Investigation shall take the steps necessary to
ensure that--
(1) the Federal Bureau of Investigation's databases and
systems used in the National Name Check Program are
interoperable with the requisite databases and systems at the
Department of State;
(2) the files of the Federal Bureau of Investigation are
automated and a common database is set up between the field
offices and headquarters of the Federal Bureau of
Investigation; and
(3) the Federal Bureau of Investigation has full
connectivity to the Consular Consolidated Database through the
Open Source Information System.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Director of the Federal Bureau of Investigation shall
report to the Committees on the Judiciary of the Senate and the House
of Representatives on progress in implementing subsection (a).
SEC. 204. SETTING REALISTIC STANDARDS FOR VISA EVALUATIONS.
(a) In General.--Section 101(a)(15)(F)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended--
(1) by striking ``having a residence in a foreign country
which he has no intention of abandoning'' and inserting
``having the intention, capability, and sufficient financial
resources to complete a course of study in the United States'';
and
(2) by striking ``and solely'' after ``temporarily''.
(b) Technical and Conforming Amendment.--Section 214(b) of the
Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by
striking ``subparagraph (L) or'' and inserting ``subparagraph (F), (J),
(L), or''.
SEC. 205. REPORT.
Not later than 180 days after the date of enactment of this Act,
the Secretary of State shall report to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives on--
(1) the feasibility of expediting visa processing for
participants in official exchange programs, and for students,
scholars, and exchange visitors through prescreening of
applicants by sending countries, sending universities, State
Department overseas educational advising centers, or other
appropriate entities;
(2) the feasibility of developing abilities to collect
biometric data without requiring a visit to the Embassy by the
visa applicant; and
(3) the implementation of the guidance described in
subsections (a) and (b) of section 202, including the training
of consular officers, and the effect of this guidance and
training on visa processing volume and timeliness.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out to carry out this Act for the consular affairs
function of the Department of State, the visa application review
function of the Department of Homeland Security, and for database
improvements in the Federal Bureau of Investigations as specified in
section 203. | International Student and Scholar Access Act of 2004 - Directs the President to submit to specified congressional committees a strategic plan for enhancing international student access to the United States for study and exchange activities.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to provide for reduced fees in cases of short-term study, under the Student and Exchange Visitor Information System (SEVIS). Directs the Secretaries of State and of Homeland Security to report on improving SEVIS fee collection.
Expresses the sense of Congress on improving the visa process. Directs the Secretary of State to issue certain guidance on visa processing.
Requires the Director of the Federal Bureau of Investigation (FBI) to ensure that: (1) FBI databases and systems used in the National Name Check Program are interoperable with the requisite databases and systems at the Department of State; (2) FBI files are automated and a common database is set up between FBI field offices and headquarters; and (3) the FBI has full connectivity to the Consular Consolidated Database through the Open Source Information System.
Amends the Immigration and Nationality Act to revise standards for visa evaluations for those having the intention, capability, and financial resources to complete a course of study in the United States. | {"src": "billsum_train", "title": "A bill to improve access to graduate schools in the United States for international students and scholars."} | 2,979 | 263 | 0.533248 | 1.689417 | 0.767164 | 4.535865 | 11.78481 | 0.949367 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forage Improvement
Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Rules of construction.
Sec. 3. Coordinated administration.
TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LANDS
Sec. 101. Application of title.
Sec. 102. Definitions.
Sec. 103. Monitoring.
Sec. 104. Subleasing.
Sec. 105. Cooperative allotment management plans.
Sec. 106. Fees and charges.
TITLE II--MISCELLANEOUS
Sec. 201. Effective date.
Sec. 202. Issuance of new regulations.
SEC. 2. RULES OF CONSTRUCTION.
(a) Limitation on Application.--Nothing in this Act shall be
construed to affect grazing in any unit of the National Park System, in
any unit of the National Wildlife Refuge System, in any unit of the
National Forest System managed as a National Grassland by the Secretary
of Agriculture under the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010
et seq.), on any lands that are not Federal lands (as defined in
section 102), or on any lands that are held by the United States in
trust for the benefit of Indians.
(b) Multiple Use Activities Not Affected.--Nothing in this Act
shall be construed to limit or preclude the use of Federal lands (as
defined in section 102) for hunting, fishing, recreation, or other
multiple use activities in accordance with applicable Federal and State
laws and the principles of multiple use.
(c) Valid Existing Rights.--Nothing in this Act shall be construed
to affect valid existing rights, reservations, agreements, or
authorizations under Federal or State law.
(d) Access to Nonfederally Owned Lands.--Section 1323 of Public Law
96-487 (16 U.S.C. 3210) shall continue to apply with regard to access
to nonfederally owned lands.
SEC. 3. COORDINATED ADMINISTRATION.
To the maximum extent practicable, the Secretary of Agriculture and
the Secretary of the Interior shall provide for consistent and
coordinated administration of livestock grazing and management of
Federal lands (as defined in section 102) consistent with the laws
governing such lands.
TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LANDS
SEC. 101. APPLICATION OF TITLE.
(a) Forest Service Lands.--This title applies to the management of
grazing on National Forest System lands, by the Secretary of
Agriculture under the following laws:
(1) The 11th undesignated paragraph under the heading
``surveying the public lands'' under the heading ``UNDER THE
DEPARTMENT OF THE INTERIOR'' in the Act of June 4, 1897
(commonly known as the Organic Administration Act of 1897) (30
Stat. 35, second full paragraph on that page; 16 U.S.C. 551).
(2) Sections 11, 12, and 19 of the Act of April 24, 1950
(commonly known as the Granger-Thye Act of 1950) (64 Stat. 85,
88, chapter 97; 16 U.S.C. 580g, 580h, 580l).
(3) The Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C.
528 et seq.).
(4) The Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.).
(5) The National Forest Management Act of 1976 (16 U.S.C.
472a et seq.).
(6) The Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(7) The Public Rangelands Improvement Act of 1978 (43
U.S.C. 1901 et seq.).
(b) Bureau of Land Management Lands.--This title applies to the
management of grazing on Federal lands administered by the Secretary of
the Interior under the following laws:
(1) The Act of June 28, 1934 (commonly known as the Taylor
Grazing Act) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et
seq.).
(2) The Act of August 28, 1937 (commonly known as the
Oregon and California Railroad and Coos Bay Wagon Road Grant
Lands Act of 1937) (50 Stat. 874, chapter 876; 43 U.S.C. 1181a
et seq.).
(3) The Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(4) The Public Rangelands Improvement Act of 1978 (43
U.S.C. 1901 et seq.).
(5) The Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et
seq.).
(c) Certain Other United States Lands.--This title also applies to
the management of grazing by the Secretary concerned on behalf of the
head of another department or agency of the Federal Government under a
memorandum of understanding.
SEC. 102. DEFINITIONS.
In this title:
(1) Authorized officer.--The term ``authorized officer''
means a person authorized by the Secretary concerned to
administer this title, the laws specified in section 101, and
regulations issued under this title and such laws.
(2) Federal lands.--The term ``Federal lands'' means lands
outside the State of Alaska that are owned by the United States
and are--
(A) included in the National Forest System; or
(B) administered by the Secretary of the Interior
under the laws specified in section 101(b).
(3) Grazing permit or lease.--The term ``grazing permit or
lease'' means a document authorizing use of Federal lands for
the purpose of grazing livestock--
(A) within a grazing district under section 3 of
the Act of June 28, 1934 (commonly known as the Taylor
Grazing Act) (48 Stat. 1270, chapter 865; 43 U.S.C.
315b);
(B) outside grazing districts under section 15 of
the Act of June 28, 1934 (commonly known as the Taylor
Grazing Act) (48 Stat. 1275, chapter 865; 43 U.S.C.
315m); or
(C) on National Forest System lands under section
19 of the Act of April 24, 1950 (commonly known as the
Granger-Thye Act of 1950) (64 Stat. 88, chapter 97; 16
U.S.C. 580l).
(4) Land use plan.--The term ``land use plan'' means--
(A) a land and resource management plan prepared by
the Forest Service pursuant to section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604) for a unit of the National Forest
System; or
(B) a resource management plan (or a management
framework plan that is in effect pending completion of
a resource management plan) developed in accordance
with the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.) for Federal lands administered
by the Bureau of Land Management.
(5) National forest system.--The term ``National Forest
System'' has the meaning given such term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)), except that the term does not include
any lands managed as a National Grassland under the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1010 et seq.).
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
the National Forest System; and
(B) the Secretary of the Interior, with respect to
Federal lands administered by the Secretary of the
Interior under the laws specified in section 101(b).
(7) Sixteen contiguous western states.--The term ``sixteen
contiguous Western States'' means the States of Arizona,
California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada,
New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah,
Washington, and Wyoming.
SEC. 103. MONITORING.
(a) Monitoring.--The monitoring of resource conditions and trends
on Federal lands within allotments shall be performed only by qualified
persons from the following groups:
(1) Federal, State, and local government personnel.
(2) Grazing permittees and lessees.
(3) Professional consultants retained by the United States
or a permittee or lessee.
(b) Monitoring Criteria and Protocols.--Such monitoring shall be
conducted according to regional or state criteria and protocols
selected by the Secretary concerned. The monitoring protocols shall be
site specific, scientifically valid, and subject to peer review.
Monitoring data shall be periodically verified.
(c) Types and Use of Data Collected.--
(1) Use of previously collected data and information.--In
addition to using data collected from monitoring conducted
under the authority of this section, the Secretary concerned
shall consider data and information collected before the date
of the enactment of this Act, if available, so long as the
historical data and information is objective and reliable.
(2) Application of criteria and protocols.--The Secretary
concerned shall not accept monitoring data that does not meet
the requirements of subsection (a) or (b).
(3) Use of data.--The data and information collected from
such monitoring shall be used to evaluate--
(A) the effects of ecological changes and
management actions on resources over time;
(B) the effectiveness of actions in meeting
management objectives contained in applicable land use
plans; and
(C) the appropriateness of resource management
objectives.
(d) Notice.--In conducting such monitoring, the Secretary concerned
shall provide reasonable notice of the monitoring to affected
permittees or lessees, including prior notice to the extent practicable
of not less than 48 hours.
SEC. 104. SUBLEASING.
A person issued a grazing permit or lease may not enter into an
agreement with another person to allow grazing on the Federal lands
covered by the grazing permit or lease by livestock that are neither
owned nor controlled by the person issued the grazing permit or lease.
SEC. 105. COOPERATIVE ALLOTMENT MANAGEMENT PLANS.
(a) Written Agreements for Outcome-Based Standards.--An allotment
management plan or a grazing permit or lease under section 402(d) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752(d))
may include a written agreement with a qualified grazing permittee or
lessee described in subsection (b) (or a group of qualified grazing
permittees or lessees) that provides for outcome-based standards,
rather than prescriptive terms and conditions, for managing grazing
activities in a specified geographic area. At the request of a
qualified grazing permittee or lessee, the Secretary concerned shall
consider including such a written agreement in an allotment management
plan or a grazing permit or lease.
(b) Qualified Grazing Permittee or Lessee Described.--A qualified
grazing permittee or lessee referred to in subsection (a) is a person
issued a grazing permit or lease who has demonstrated sound stewardship
by meeting or exceeding the forage and rangeland goals contained in
applicable land use plans and in that person's grazing permit or lease
for the previous five-year period.
(c) Inclusion of Performance Goals.--A written agreement authorized
under subsection (a) shall contain performance goals that--
(1) are expressed in objective, quantifiable, and
measurable terms;
(2) establish performance indicators to be used in
measuring or assessing the relevant outcomes;
(3) provide a basis for comparing management results with
the established performance goals; and
(4) describe the means to be used to verify and validate
measured values.
(d) Application of Other Laws.--All requirements of law applicable
to an allotment management plan and a grazing permit or lease under
section 402(d) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752(d)), including the prohibition against extending the
term of an existing grazing permit or lease, shall apply to a written
agreement entered into under subsection (a).
(e) Federal Advisory Committee Act.--Activities under this section
shall be exempt from the Federal Advisory Committee Act (5 U.S.C.
App.).
SEC. 106. FEES AND CHARGES.
(a) Grazing Fees.--
(1) Calculation.--The fee for each animal unit month in a
grazing fee year for livestock grazing on Federal lands in the
sixteen contiguous western States shall be equal to the 12-year
average of the total gross value of production for beef cattle
for the 12 years preceding the grazing fee year, multiplied by
the 12-year average of the United States Treasury Securities
six-month bill ``new issue'' rate, and divided by 12. The gross
value of production for beef cattle shall be determined by the
Economic Research Service of the Department of Agriculture in
accordance with subsection (d)(1).
(2) Fee for foreign-owned or controlled grazing permits or
leases.--In the case of a grazing permit or lease held or
otherwise controlled in whole or in part by a foreign
corporation or a foreign individual, the fee shall be equal to
the higher of the following:
(A) The average grazing fee (weighted by animal
unit months) charged by the State during the previous
grazing year for grazing on State lands in the State in
which the lands covered by the grazing permit or lease
are located.
(B) The average grazing fee (weighted by animal
unit months) charged for grazing on private lands in
the State in which the lands covered by the grazing
permit or lease are located.
(b) Definition of Animal Unit Month.--For the purposes of billing
only, the term ``animal unit month'' means one month's use and
occupancy of range by--
(1) one cow, bull, steer, heifer, horse, burro, or mule,
seven sheep, or seven goats, each of which is six months of age
or older on the date on which the animal begins grazing on
Federal lands;
(2) any such animal regardless of age if the animal is
weaned on the date on which the animal begins grazing on
Federal lands; and
(3) any such animal that will become 12 months of age
during the period of use authorized under a grazing permit.
(c) Livestock Not Counted.--There shall not be counted as an animal
unit month the use of Federal lands for grazing by an animal that is
less than six months of age on the date on which the animal begins
grazing on such lands and is the progeny of an animal on which a
grazing fee is paid if the animal is removed from such lands before
becoming 12 months of age.
(d) Criteria for Economic Research Service.--
(1) Gross value of production of beef cattle.--The Economic
Research Service of the Department of Agriculture shall
continue to compile and report the gross value of production of
beef cattle, on a dollars-per-bred-cow basis for the United
States, as is currently published by the Service in: ``Economic
Indicators of the Farm Sector: Cost of Production--Major Field
Crops and Livestock and Dairy'' (Cow-calf production cash costs
and returns).
(2) Availability.--For the purposes of determining the
grazing fee for a given grazing fee year, the gross value of
production (as described above) for the previous calendar year
shall be made available to the Secretary concerned, and
published in the Federal Register, on or before February 15 of
each year.
(e) Treatment of Other Fees and Charges.--
(1) Amount of flpma fees and charges.--The fees and charges
under section 304(a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1734(a)) shall reflect processing costs
and shall be adjusted periodically as such costs change, but in
no case shall such fees and charges exceed the actual
administrative and processing costs incurred by the Secretary
concerned.
(2) Notice of changes.--Notice of a change in a service
charge shall be published in the Federal Register.
TITLE II--MISCELLANEOUS
SEC. 201. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the first day of the first grazing season beginning after the date of
the enactment of this Act.
SEC. 202. ISSUANCE OF NEW REGULATIONS.
The Secretary of Agriculture and the Secretary of the Interior
shall--
(1) coordinate the promulgation of new regulations to carry
out this Act; and
(2) publish such regulations simultaneously not later than
180 days after the date of the enactment of this Act.
Passed the House of Representatives October 30, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | TABLE OF CONTENTS: Title I: Management of Grazing on Federal Lands Title II: Miscellaneous Forage Improvement Act of 1997 - Title I: Management of Grazing on Federal Lands - Sets forth the application of this title under specified laws to grazing management on Federal lands administered by the Secretary of the Interior (Bureau of Land Management lands), the Secretary of Agriculture (Forest Service lands), and certain other U.S. lands. (Sec. 102) Defines specified terms, including "sixteen contiguous Western States" (Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming). (Sec. 103) States that monitoring of conditions on Federal lands within grazing allotments shall be: (1) performed by Federal, State, or local personnel, grazing permittees and lessees, or professional consultants; and (2) site specific, scientific, and conducted according to regional or State criteria. (Sec. 104) Prohibits grazing permit subleasing for livestock not owned or controlled by the permittee or lessee. (Sec. 105) Permits an allotment plan or grazing permit to include a written agreement with a qualified permittee or lessee for outcome-based standards. (Sec. 106) States that the fee for each animal unit month (as defined in this Act) in a grazing fee year shall equal the 12-year average of the total gross beef cattle production value (as determined by the Department of Agriculture's Economic Research Service) for the 12 preceding years multiplied by the 12-year average six-month Treasury bill new issue rate, divided by 12. Establishes a separate fee for foreign-owned or -controlled grazing permits or leases. Exempts an animal from being counted that is less than six months old on the date it begins grazing and is the progeny of a fee-paid animal if it is removed from such grazing land before reaching 12 months old. Directs the Economic Research Service to continue to compile and report the gross value of beef cattle production as currently published. Title II: Miscellaneous - States that this Act shall become effective on the first day of the first grazing season after the date of enactment of this Act. (Sec. 202) Directs the Secretaries to publish implementing regulations within 180 days after enactment of this Act. | {"src": "billsum_train", "title": "Forage Improvement Act of 1997"} | 3,978 | 577 | 0.589656 | 2.027785 | 0.642951 | 3.752711 | 7.32321 | 0.932755 |
SECTION 1. ENHANCEMENT OF MANAGEMENT OF PROVISION OF SPECIALIZED
TREATMENT AND REHABILITATION FOR DISABLED VETERANS.
(a) Disabled Veterans.--Paragraph (1) of section 1706(b) of title
38, United States Code, is amended by striking ``(including veterans
with spinal cord dysfunction, blindness, amputations, and mental
illness)'' and inserting ``(including veterans with spinal cord
dysfunction, blindness, traumatic brain injury, post-traumatic stress
disorder, substance abuse disorder, and serious chronic mental illness,
and veterans in need of prosthetics and sensory aids)''.
(b) Organization of Capacity for Treatment and Rehabilitation.--
Paragraph (1) of that section is further amended--
(1) by inserting after ``ensure that the Department'' the
following: ``, and each geographic service area and medical
center of the Veterans Health Administration,''; and
(2) in subparagraph (B)--
(A) by inserting after ``capacity of the
Department'' the following: ``, including each such
service area and medical center,''; and
(B) by striking ``nationwide,'' and inserting
``nationwide and in each such service area,''.
(c) Reports on Maintenance of Capacity.--Paragraph (2) of that
section is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) in subparagraph (A), as so designated--
(A) by striking ``April 1, 1999, April 1, 2000, and
April 1, 2001'' and inserting ``April 1 each year'';
and
(B) by inserting before the period at the end the
following: ``during the preceding year''; and
(3) by adding at the end the following new subparagraphs:
``(B) In order to ensure the accuracy of the reports under this
paragraph, the Secretary shall--
``(i) utilize uniform standards nationwide in the
documentation of workload and cost data, adjusted for
inflation; and
``(ii) carry out a quarterly assessment, through the
directors of the geographic service areas of the Veterans
Health Administration, of the capacity of such service areas,
and of each medical center in such service areas, to provide
for the specialized treatment and rehabilitative needs of
disabled veterans within distinct programs or facilities of the
Department.
``(C) The Inspector General of the Department shall, on an annual
basis, conduct an audit of each geographic service area of the Veterans
Health Administration in order to ensure that the Secretary complied
with paragraph (1) in such service area during the preceding year.
``(D) The Inspector General shall also review each report of the
Secretary under subparagraph (A) in order to determine the accuracy of
such report.
``(E) Not later than June 1 each year, the Inspector General shall
submit to the committees referred to in subparagraph (A) a report on
the results of the audit conducted by the Inspector General under
subparagraph (C), and the review conducted by the Inspector General
under subparagraph (D), in such year. Each report shall include the
results of such audit and review and any other findings that the
Inspector General considers appropriate.''.
(d) Job Performance Standards.--(1) Paragraph (3) of that section
is amended--
(A) in subparagraph (B), by inserting before the period at
the end the following: ``, including positions of the directors
of the medical centers, and positions of the directors of the
geographic service areas, of the Veterans Health
Administration''; and
(B) by adding at the end the following new subparagraphs:
``(D) The Under Secretary for Health shall, on an annual basis,
conduct a job performance evaluation of each employee in a position
described in subparagraph (B) with respect to the job performance of
such employee in carrying out the requirements of paragraph (1). Each
job performance evaluation shall cover the fiscal year ending in the
year preceding such job performance evaluation, and shall be conducted
using the standards for job performance prescribed under subparagraph
(A).
``(E) Not later than 90 days after completing all job performance
evaluations required for a fiscal year under subparagraph (D), the
Secretary shall submit to the committees referred to in paragraph
(2)(A) a report on the job performance evaluations. The report for a
fiscal year shall include the following:
``(i) The job performance evaluation of each employee
subject to evaluation during the fiscal year, stated utilizing
each standard for job performance under subparagraph (A)
applicable to such employee.
``(ii) An overall evaluation of the job performance of each
such employee.''.
(2) The Under Secretary for Health of the Department of Veterans
Affairs shall prescribe the standards of job performance required by
section 1706(b)(3) of title 38, United States Code, as amended by
paragraph (1)(A), not later than January 30, 2002.
(3) Not later than April 1, 2002, the Secretary of Veterans Affairs
shall submit to the Committees on Veterans' Affairs of the Senate and
the House of Representatives a report setting forth the standards of
job performance prescribed under section 1706(b)(3) of title 38, United
States Code, as amended by paragraph (1)(A).
(e) Determination of Scope of Capacity.--Section 1706(b) of that
title is further amended by adding at the end the following new
paragraph:
``(4)(A) For purposes of this subsection, the capacity of the
Department, of each geographic service area of the Veterans Health
Administration, and of each medical center of the Administration to
provide for the specialized treatment and rehabilitative needs of
disabled veterans (including veterans described in paragraph (1))
within distinct programs or facilities of the Department shall be
determined by the Secretary utilizing a formula, to be prescribed by
the Secretary, that addresses the following:
``(i) The number, and job responsibility, of the full-time
equivalent employees providing specialized treatment or
rehabilitative services for such veterans in such programs or
facilities.
``(ii) The number of staffed beds dedicated to specialized
treatment or rehabilitative services for such veterans in such
programs or facilities.
``(iii) The number of veterans served by each such program
or facility.
``(iv) The number of units of service provided veterans by
each such program or facility, including the number of
inpatient and residential days of care and the number of
outpatient visits.
``(v) The amounts expended in providing specialized
treatment or rehabilitative services for such veterans through
dedicated programs utilizing specialized staff.
``(B) The formula under subparagraph (A) may not use patient
outcome data to measure the capacity of the Department to provide for
the specialized treatment and rehabilitative needs of disabled
veterans.''. | Directs the Secretary of Veterans Affairs to ensure that the Department of Veterans Affairs maintains its capacity to provide for the specialized treatment and rehabilitative needs of veterans with traumatic brain injury or post-traumatic stress or substance abuse disorder and those in need of prosthetics and sensory aids. Requires each geographic service area and medical center of the Veterans Health Administration to maintain such capacity. Extends permanently requirements for reports on the maintenance of such capacity.Requires the Secretary to: (1) utilize uniform standards in the documentation of capacity workload and cost data; and (2) carry out a quarterly assessment of the capacity of the Department and its service areas and medical centers to provide for such specialized treatment needs.Requires the Department's Inspector General to annually audit each service area, and the Department's Under Secretary for Health to conduct an annual employee performance evaluation, with respect to the provision of such needs. | {"src": "billsum_train", "title": "To amend section 1706 of title 38, United States Code, to enhance the management of the provision by the Department of Veterans Affairs of specialized treatment and rehabilitation for disabled veterans, and for other purposes."} | 1,502 | 193 | 0.635866 | 1.727352 | 0.78744 | 2.964706 | 8.452941 | 0.917647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Merchant Marine Memorial Enhancement
Act of 1993''.
SEC. 2. CONVEYANCE VESSELS.
(a) Authority To Convey.--The Secretary of Transportation may
convey without consideration all right, title, and interest of the
United States in 2 vessels described in subsection (b) to any nonprofit
organization which operates and maintains a Liberty Ship or Victory
Ship as a memorial to merchant mariners.
(b) Vessels Described.--Vessels which may be conveyed under
subsection (a) are vessels which--
(1) are in the National Defense Reserve Fleet on the date
of the enactment of this Act;
(2) are not less than 4,000 displacement tons;
(3) have no usefulness to the Government; and
(4) are scheduled to be scrapped.
(c) Conditions of Conveyance.--As a condition of conveying any
vessel to an organization under subsection (a), the Secretary shall
require that before the date of the conveyance the organization enter
into an agreement under which the organization shall--
(1) sell the vessel for scrap purposes;
(2) use the proceeds of that scrapping for the purpose of
refurbishing and making seaworthy a Liberty Ship or Victory
Ship which the organization maintains as a memorial to merchant
mariners, to enable the ship to participate in 1994 in
commemorative activities in conjunction with the 50th
anniversary of the Normandy invasion; and
(3) return to the United States any proceeds of scrapping
carried out pursuant to paragraph (1) which are not used in
accordance with paragraph (2).
(d) Deposit of Amounts Returned.--Amounts returned to the United
States pursuant to subsection (c)(3) shall be deposited in the Vessel
Operations Revolving Fund created by the Act of June 2, 1951 (65 Stat.
59; 46 App. U.S.C. 1241a).
(e) Delivery of Vessels.--The Secretary shall deliver each vessel
conveyed under this section--
(1) at the place where the vessel is located on the date of
the approval of the conveyance by the Secretary;
(2) in its condition on that date; and
(3) without cost to the Government.
(f) Expiration of Authority To Convey.--The authority of the
Secretary under this section to convey vessels shall expire on the date
that is 2 years after the date of the enactment of this Act.
SEC. 3. DOCUMENTATION OF VESSELS.
(a) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and
section 12106 of title 46, United States Code, the Secretary of
Transportation may issue certificates of documentation with a coastwise
endorsement for the following vessels:
(1) ABORIGINAL (United States official number 942118).
(2) AFTERSAIL (United States official number 689427).
(3) ALEXANDRIA (United States official number 586490).
(4) AMANDA (Michigan registration number MC-1125-FR).
(5) ARBITRAGE II (United States official number 962861).
(6) ARIEL (United States official number 954762).
(7) BRANDARIS (former United States official number
263174).
(8) COMPASS ROSE (United States official number 695865).
(9) DIXIE (United States official number 513159).
(10) ELISSA (United States official number 697285).
(11) EMERALD PRINCESS (former United States official number
530095).
(12) ENTERPRISE (United States official number 692956).
(13) EUROPA STAR (former United States official number
588270).
(14) EUROPA SUN (former United States official number
596656).
(15) GAZELA OF PHILADELPHIA (Pennyslvania registration
number PA-4339-AF).
(16) GRAY (Connecticut registration number CT-5944-AJ).
(17) GRIZZLY PROCESSOR (Canadian official number 369183).
(18) GUSTO (United States official number 624951).
(19) GYPSY COWBOY (United States official number 550771).
(20) IMPATIENT LADY (United States official number 553952).
(21) ISLAND GIRL (United States official number 674840).
(22) JULIET (Michigan registration number MC-1669-LM).
(23) KALENA (Hawaii registration number HA-1923-E).
(24) LAURISA (United States official number 924052).
(25) LIBBY ROSE (United States official number 236976).
(26) LISERON (United States official number 971339).
(27) MARINE STAR (United States official number 248329).
(28) MARINER (United States official number 285452).
(29) MARY B (Kentucky registration number KY-0098-HX).
(30) MOONSHINE (United States official number 974226).
(31) MYSTIQUE (United States official number 921194).
(32) NORTHERN LIGHT (United States official number 237510).
(33) PAI NUI (Hawaii registration number HA-6949-D).
(34) PANDACEA (United States official number 665892).
(35) PELICAN (United States official number 234959).
(36) PLAY PRETTY (United States official number 975346).
(37) PRINCE OF TIDES II (United States official number
903858).
(38) RBOAT (United States official number 563955).
(39) SABLE (Massachusetts registration number MS-1841-AM).
(40) SERENA (United States official number 965317).
(41) SHILOH (United States official number 902675).
(42) SIDEWINDER (United States official number 991719).
(43) SWELL DANCER (United States official number 622046).
(44) TESSA (United States official number 675130).
(45) TOP DUCK (United States official number 990973).
(46) VIKING (United States official number 286080).
(47) WHIT CON TIKI (United States official number 663823).
(b) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883) or any other law restricting a foreign-flag vessel
from operating in the coastwise trade, the foreign-flag vessel H851 may
engage in the coastwise trade to transport an offshore drilling
platform jacket from a place near Aransas Pass, Texas, to a site on the
Outer Continental Shelf known as Viosca Knoll 989.
(c) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and
sections 12106 and 12107 of title 46, United States Code, the Secretary
of Transportation may issue certificates of documentation with a
coastwise and Great Lakes endorsement for the vessels LADY CHARL II
(United States official number 541399) and LINETTE (United States
official number 654318).
(d) Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), the Act of June 19, 1886 (46 App. U.S.C. 289), and
section 12106 of title 46, United States Code, the Secretary of
Transportation may issue a certificate of documentation with a
coastwise endorsement for the vessel M/V TWIN DRILL (Panama official
number 8356-PEXT-2) if--
(1) the vessel undergoes a major conversion (as defined in
section 2101 of title 46, United States Code) in a United
States shipyard;
(2) the cost of the major conversion is more than 3 times
the purchase value of the vessel before the major conversion;
(3) the major conversion is completed and the vessel is
documented under chapter 121 of title 46, United States Code,
with a coastwise endorsement before June 30, 1995;
(4) the person documenting the vessel contracts with a
United States shipyard to construct an additional vessel of
equal or greater capacity within 12 months of the date of
enactment of this Act, for delivery within 36 months of the
date of such contract, which vessel shall also be documented
under chapter 121 of title 46, United States Code.
(e) Notwithstanding sections 12106 and 12108 of title 46, United
States Code, the Act of June 19, 1886 (46 App. U.S.C. 289), and section
27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the Secretary
of Transportation may issue a certificate of documentation with a
coastwise and fishery endorsement for the vessel REEL CLASS (Hawaii
registration number HA-6566-E).
(f) Notwithstanding section 12108 of title 46, United States Code,
the Secretary of Transportation may issue a certificate of
documentation with a fishery endorsement for the vessel DA WARRIOR
(United States official number 962231).
(g) Notwithstanding any other law or any agreement with the United
States Government, the vessels UST ATLANTIC (United States official
number 601437) and UST PACIFIC (United States official number 613131)
may be sold to a person that is not a citizen of the United States and
transferred to or placed under a foreign registry.
(h) Notwithstanding any other law, the vessel AMY CHOUEST (United
States official number 995631) is deemed to be less than 500 gross
tons, as measured under chapter 145 of title 46, United States Code,
for purposes of the maritime laws of the United States.
SEC. 4. NAUTICAL CHARTING AND MARINE SAFETY IMPROVEMENTS.
No later than 180 days after the date of enactment of this Act, the
Secretary of Commerce may deploy a Physical Ocean Real-Time System
consisting, at a minimum, of current, wind, tide, salinity, and water
level measuring devices and necessary computer links, in Galveston Bay
and the Houston Ship Channel.
SEC. 5. PILOT PROGRAM ON SEALIFT TRAINING.
The Secretary of Transportation shall establish a 3-year pilot
program for Sealift Training at the Massachusetts Maritime Academy.
Passed the House of Representatives November 20, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
By Dallas L. Dendy, Jr.,
Assistant to the Clerk. | Merchant Marine Memorial Enhancement Act of 1993 - Authorizes conveyance without consideration of two vessels in the National Defense Reserve Fleet to any nonprofit organization that operates a Liberty Ship or Victory Ship as a memorial to merchant mariners. Requires the organization to sell the vessel for scrap, use the proceeds to refurbish a Liberty Ship or Victory Ship to enable the ship to participate in activities concerning the 50th anniversary of the Normandy invasion, and return any unused proceeds to the United States for deposit in the Vessel Operations Revolving Fund.
(Sec. 3) Authorizes the Secretary of Transportation to issue certificates of documentation with a coastwise endorsement for specified vessels.
(Sec. 4) Authorizes the Secretary of Commerce to deploy a physical ocean real-time system consisting, at a minimum, of current, wind, tide, salinity, and water level measuring devices and necessary computer links, in Galveston Bay and the Houston Ship Cannel.
(Sec. 5) Directs the Secretary of Transportation to establish a three-year pilot program for sealift training at the Massachusets Maritime Academy. | {"src": "billsum_train", "title": "Merchant Marine Memorial Enhancement Act of 1993"} | 2,465 | 251 | 0.565729 | 1.80667 | 0.852875 | 5.163366 | 10.123762 | 0.935644 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patriot Corporations of America Act
of 2013''.
SEC. 2. FEDERAL CONTRACTING PREFERENCE FOR PATRIOT CORPORATIONS.
After December 31, 2013, in the evaluation of bids or proposals for
a contract for the procurement of goods or services, the Federal
Government shall provide a preference to any entity that is a Patriot
corporation (as defined in section 11(e) of the Internal Revenue Code
of 1986, as added by section 3 of this Act), unless the award of the
contract to such entity would jeopardize the national security
interests of the United States.
SEC. 3. REDUCTION IN RATE OF INCOME TAX FOR PATRIOT CORPORATIONS.
(a) In General.--Section 11 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(e) Patriot Corporations.--
``(1) Rate reduction for patriot corporations.--In the case
of a Patriot corporation, the amount of the tax imposed under
subsection (a) (determined without regard to this paragraph)
shall be reduced (but not below zero) by an amount equal to 5
percent of the taxable income of such corporation.
``(2) Patriot corporation defined.--For purposes of this
subsection--
``(A) In general.--The term `Patriot corporation'
means, with respect to any taxable year, any
corporation which is certified by the Secretary as
meeting the requirements of subparagraph (B) for such
taxable and the preceding taxable year.
``(B) Requirements.--A corporation meets the
requirements of this subparagraph, with respect to any
taxable year, if such corporation--
``(i) produces in the United States at
least 90 percent of the goods and services sold
by such corporation during such taxable year,
``(ii) does not provide compensation to any
management personnel of such corporation at a
level of compensation which exceeds 10,000
percent of the level of compensation of the
full-time employee of such corporation with the
lowest level of compensation during such
taxable year,
``(iii) conducts at least 50 percent of the
research and development conducted by such
corporation during such taxable year
(determined on the basis of cost) in the United
States,
``(iv) has contributed at least 5 percent
of wages paid by the corporation during the
taxable year to a portable pension fund for the
benefit of employees of the corporation,
``(v) has paid at least 70 percent of the
cost of a standardized health insurance plan
for the benefit of employees of the corporation
during such taxable year,
``(vi) has maintained at all times during
such taxable year neutrality in employee
organizing drives and has in effect a policy to
that effect,
``(vii) provides full differential salary
and insurance benefits for all National Guard
and Reserve employees who are called to active
duty,
``(viii) has not been (at any time during
such taxable year) in violation of appropriate
Federal regulations including those related to
the environment, workplace safety, labor
relations, and consumer protections, as
determined by the Secretary, and
``(ix) has not been in violation of any
other regulations specified by the Secretary.
``(C) Certification process.--Not later than 90
days after the date of the enactment of this
subsection, the Secretary shall establish an
application and certification process to annually
certify corporations as Patriot corporations. Such
certifications shall be made at such time and on the
basis of such materials as the Secretary determines
appropriate.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.
(c) Certification Allowed for Year Preceding Effective Date of Rate
Reduction.--For purposes of section 11(e) of the Internal Revenue Code
of 1986, as added by this section, the Secretary may certify a
corporation as a Patriot corporation for the last taxable year of the
corporation beginning on or before December 31, 2013, if the
corporation meets the requirements of paragraph (2)(B) of such section
for such taxable year.
SEC. 4. TAX AVOIDANCE FOREIGN CORPORATIONS SUBJECT TO UNITED STATES
INCOME TAX.
(a) In General.--Paragraph (4) of section 7701(a) of the Internal
Revenue Code of 1986 (defining domestic) is amended to read as follows:
``(4) Domestic.--
``(A) In general.--Except as provided in
subparagraph (B), the term `domestic' when applied to a
corporation or partnership means created or organized
in the United States or under the law of the United
States or of any State unless, in the case of a
partnership, the Secretary provides otherwise by
regulations.
``(B) Tax avoidance foreign corporations treated as
domestic.--Any corporation which would (but for this
subparagraph) be treated as a foreign corporation shall
be treated as a domestic corporation if the Secretary
determines that such corporation was created or
organized as a foreign corporation (instead of as a
domestic corporation) principally for the purpose of
avoiding being treated as a domestic corporation under
this title.''.
(b) Effective Dates.--The amendment made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Patriot Corporations of America Act of 2013 - Grants after 2013 a preference to Patriot corporations in the evaluation of bids or proposals for federal contracts. Defines "Patriot corporation" as a corporation which: (1) produces at least 90% of its goods and services in the United States; (2) does not pay its its management-level employees at a rate more than 10,000% of the compensation of its lowest paid employee; (3) conducts at least 50% of its research and development in the United States; (4) contributes at least 5% of its payroll to a portable pension fund for its employees; (5) pays at least 70% of its employees' health insurance costs; (6) maintains a policy of neutrality in employee organizing drives; (7) provides full differential salary and insurance benefits for all National Guard and Reserve employees who are called to active duty; and (8) has not violated federal regulations, including regulations relating to the environment, workplace safety, labor relations, and consumer protections. Amends the Internal Revenue Code to: (1) reduce the income tax rate for Patriot corporations, and (2) reclassify foreign corporations created or organized to avoid federal taxation as domestic corporations for income tax purposes. | {"src": "billsum_train", "title": "Patriot Corporations of America Act of 2013"} | 1,204 | 256 | 0.564727 | 1.81188 | 0.872985 | 2.709544 | 4.547718 | 0.817427 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety and Health Whistleblower
Protection Act''.
SEC. 2. EMPLOYEE ACTIONS.
Section 11(c)(1) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 660(c)(1)) is amended by inserting before the period the
following: ``including reporting any injury, illness or unsafe
condition''.
SEC. 3. PROHIBITION OF DISCRIMINATION.
Section 11(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 660(c)) is amended by striking paragraph (2) and inserting the
following:
``(2) No person shall discharge or in any manner discriminate
against an employee for refusing to perform the employee's duties when
the employee has a reasonable apprehension that performing such duties
would result in serious injury or serious impairment of health to the
employee or other employees. The circumstances causing the employee's
apprehension of serious injury must be of such a nature that a
reasonable person would conclude that there is a danger of serious
injury or serious impairment of health. This paragraph shall only apply
to an employee to the extent that the employee, if possible,
communicated to the employer the danger perceived.''.
SEC. 4. PROCEDURE.
Section 11(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 660(c)) is amended by striking paragraph (3) and inserting the
following:
``(3) Any employee who believes that he or she has been discharged,
disciplined, or otherwise discriminated against in violation of
paragraph (1) or (2) may, within 180 days after the date on which such
alleged violation occurs, file (or have filed by any person on the
employee's behalf) a complaint with the Secretary alleging such
discharge, discipline, or discrimination. Upon receipt of such a
complaint, the Secretary shall notify the person named in the complaint
of the filing of the complaint.
``(4)(A) Within 90 days of the receipt of a complaint filed under
paragraph (3), the Secretary shall conduct an investigation and
determine whether there is reasonable cause to believe that the
complaint has merit and shall notify the complainant and the person
alleged to have committed the violation of paragraph (1) or (2) of the
Secretary's findings. Where the Secretary has determined that there is
reasonable cause to believe that a violation has occurred, the
Secretary's findings shall be accompanied by a preliminary order
providing the relief prescribed by subparagraph (E).
``(B)(i) After a preliminary order is issued under subparagraph
(A), the person alleged to have committed the violation involved or the
complainant may, within 30 days, file objections to the findings or
preliminary order, or both, and request a hearing on the record, except
that the filing of such objections shall not operate to stay any
reinstatement remedy contained in the preliminary order; and
``(ii) If a hearing described in clause (i) is not requested in a
timely manner as provided for under such clause, the preliminary order
involved shall be deemed a final order and not be subject to judicial
review.
``(C) If the Secretary has not issued findings under subparagraph
(A) within the 90-day period described in such subparagraph, and the
employee or representative of the employee files a request for a
hearing with the Secretary, the Secretary shall afford an opportunity
for a hearing on the record.
``(D) If requested under subparagraph (C), a hearing shall be
conducted by an administrative law judge and a recommended decision and
order issued expeditiously. The legal burdens of proof that prevail
under section 1221 of title 5, United States Code, shall govern
adjudication of violations under this subsection. The Secretary shall
issue a final order within 120 days of the issuance of the recommended
decision. In the interim, such proceedings may be terminated at any
time on the basis of a settlement agreement entered into by the
Secretary, the complainant, and the person alleged to have committed
the violation.
``(E) If, in response to a complaint filed under paragraph (3), the
Secretary determines that a violation of paragraph (1) or (2) has
occurred, the Secretary shall order as appropriate--
``(i) the person who committed such violation to correct
the violation;
``(ii) the person to reinstate the complainant to the
complainant's former position together with the compensation
(including back pay), terms, conditions, and privileges of the
position;
``(iii) compensatory damages; and
``(iv) exemplary damages.
Upon issuance of such an order, the Secretary may assess against the
person against whom the order is issued a sum equal to the aggregate
amount of all costs and expenses (including attorney's fees and expert
witness fees) reasonably incurred, as determined by the Secretary, by
the complainant for, or in connection with, the bringing of the
complaint upon which the order was issued, including costs and expenses
incurred upon review before a court of appeals.
``(F) In conducting an investigation or adjudication under this
paragraph, the provisions of section 8(b) shall apply.
``(5)(A) Any person adversely affected or aggrieved by a final
order issued under paragraph (4)(D) may obtain review of the order
before the United States court of appeals for the circuit in which the
violation, with respect to which the order was issued, occurred, or the
circuit in which such person resided on the date of such violation. The
petition for review must be filed within 60 days from the date on which
the Secretary's order was issued. Such review shall be in accordance
with the provisions of chapter 7 of title 5, United States Code. An
order of the Secretary subject to review under this subsection is not
subject to judicial review in a criminal or other civil proceeding. The
commencement of proceedings under this subsection shall not, unless
ordered by the court, operate as a stay of the order of the Secretary.
``(B) When a person has failed to comply with a final order or an
order of reinstatement issued under paragraph (4), the Secretary or the
person on behalf of whom the order was issued may file a civil action
in the United States district court for the district in which the
violation was found to occur in order to enforce such order. In actions
brought under this subparagraph, the district court shall have
jurisdiction to grant additional appropriate relief in light of the
noncompliance.''.
SEC. 5. RELATION TO ENFORCEMENT.
Section 17(j) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 666(j)) is amended by inserting before the period the following:
``, including the history of violation under section 11(c)''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect 90 days after the
date of enactment of this Act. | Safety and Health Whistleblower Protection Act - Amends the Occupational Safety and Health Act of 1970 to prohibit employer reprisals against employees based on certain employee conduct concerning safe and healthy working conditions. Sets forth procedures for filing, investigating, issuing temporary and final orders providing relief, conducting hearings, obtaining judicial review of final orders, and enforcing final orders with regard to an employee's complaint of such a reprisal. | {"src": "billsum_train", "title": "Safety and Health Whistleblower Protection Act"} | 1,538 | 100 | 0.436833 | 1.128257 | 0.883636 | 1.805195 | 18.74026 | 0.688312 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Medical Treatment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advertising claim.--The term ``advertising claim''
means any representation made or suggested by statement, word,
design, device, sound, or any combination thereof with respect
to a medical treatment.
(2) Danger.--The term ``danger'' means an adverse reaction
to an unapproved drug or medical device that, when used as
directed--
(A) causes serious harm;
(B) occurred as a result of the medical treatment;
(C) would not otherwise have occurred; and
(D) is more serious than reactions experienced with
routinely used medical treatments approved by the Food
and Drug Administration for the same medical condition
or conditions.
(3) Device.--The term ``device'' has the meaning given such
term in section 201(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(h)).
(4) Drug.--The term ``drug'' has the meaning given such
term in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321 (g)(1)).
(5) Food.--The term ``food''--
(A) has the meaning given such term in section
201(f) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(f)); and
(B) includes a dietary supplement as defined in
section 201(ff) of such Act.
(6) Health care practitioner.--The term ``health care
practitioner'' means a physician or other individual who is
legally authorized to provide health care services in the State
in which the services are provided.
(7) Interstate commerce.--The term ``interstate commerce''
means commerce between any State or territory and any place
outside thereof, and commerce within the District of Columbia
or within any other territory not organized with a legislative
body.
(8) Label.--The term ``label'' has the meaning given such
term in section 201(k) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(k)).
(9) Labeling.--The term ``labeling'' has the meaning given
such term in section 201(m) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(m)).
(10) Legal representative.--The term ``legal
representative'' means a parent or an individual who qualifies
as a legal guardian under applicable State law.
(11) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201(h) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
(12) Medical treatment.--The term ``medical treatment''
means any food, drug, device, or procedure that is used and
intended as a cure, mitigation, treatment, or prevention of
disease or a health condition.
(13) Patient.--The term ``patient'' means any individual
who seeks medical treatment from a health care practitioner for
a disease or health condition.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) Seller.--The term ``seller'' means an individual or
organization that receives payment related to the medical
treatment of a patient of a health practitioner, except that
this term does not apply to a health care practitioner who
receives payment from an individual or representative of such
individual for the administration of a medical treatment to
such individual.
(16) Unapproved drug or medical device.--The term
``unapproved drug or medical device'' with respect to a drug or
medical device, means a drug or medical device that is not
approved or authorized for manufacture, sale, and distribution
in interstate commerce under section 505, 513, or 515 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C 355, 360c, and
360(e)) or under section 351 of the Public Health Service Act
(42 U.S.C. 262).
SEC. 3. ACCESS TO MEDICAL TREATMENT.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), an individual shall have the
right to be treated by a health care practitioner with any medical
treatment (including a medical treatment that is not approved,
certified, or licensed by the Secretary) that such individual desires,
or that the legal representative of such individual authorizes, if--
(1) such practitioner has personally examined such
individual and agrees to provide treatment to such individual;
(2) the administration of such treatment does not violate
applicable licensing laws; and
(3) the health care practitioner complies with the
requirements of subsection (b).
(b) Medical Treatment Requirements.--
(1) In general.--A health care practitioner may/shall
provide the medical treatment requested by an individual
described in subsection (a) if--
(A) there is no reason for the practitioner to
conclude that, based on generally accepted principles
and current information, the medical treatment
requested, when used or provided as directed, will
cause danger to the patient;
(B) in the case of an individual whose treatment is
the administration of a food, drug, or device that has
to be approved, certified, or licensed by the
Secretary, but has not been so approved, certified, or
licensed--
(i) such individual has been informed in
writing that such food, drug, or device has not
been approved, certified, or licensed by the
Secretary for use as a medical treatment of the
medical condition of such individual; and
(ii) prior to the administration of such
treatment, the practitioner has provided the
patient a written statement that includes the
following provision: ``WARNING: This food,
drug, or device has not been declared to be
safe and effective by the Federal Government
and any individual who uses such food, drug, or
device does so at his or her own risk.'';
(C) such individual has been informed in writing of
the nature of the medical treatment, including--
(i) the contents and methods of such
treatment;
(ii) the anticipated benefits of such
treatment;
(iii) any reasonably foreseeable side
effects that may result from such treatment;
(iv) the results of past application of
such treatment by the health care practitioner
and others; and
(v) any other information necessary to
fully meet the requirements for informed
consent of human subjects prescribed by
regulations issued by the Food and Drug
Administration;
(D) except as provided in subsection (c), there
have been no advertising claims made with respect to
the efficacy of the medical treatment by the
practitioner, manufacturer, or distributor;
(E) the label or labeling of any food, drug, or
device that is a part of the requested medical
treatment is not false or misleading;
(F) such individual--
(i) has been provided with a written
statement that such individual has been fully
informed with respect to the information
described in subparagraphs (A) through (D);
(ii) desires such treatment; and
(iii) signs such statement; and
(G) the health care practitioner provides the
patient with a recommendation for the treatment
involved under circumstances that give the patient
sufficient opportunity to consider whether or not to
use such treatment.
(2) Burden of proof.--In any proceeding relating to the
enforcement of paragraph (1)(E) with respect to the label of a
drug, device, or food used in medical treatment covered under
this subsection, the provisions of section 403B(c) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2(c)) shall
apply with respect to establishing the burden of proof that
such label is false or misleading.
(3) Rule of construction.--Nothing in this section shall be
construed to require informed consent for the prescription of
dietary supplements and foods not requiring such informed
consent prior to the date of the enactment of this Act.
(c) Claim Exceptions.--
(1) Reporting by a health care practitioner.--Subsection
(b)(1)(D) shall not apply to an accurate and truthful reporting
by a health care practitioner of the results of the
practitioner's administration of a medical treatment in
recognized journals, at seminars, conventions, or similar
meetings, or to others, so long as the reporting practitioner
has no direct or indirect financial interest in the reporting
of the material and has received no financial benefits of any
kind from the manufacturer, distributor, or other seller for
such reporting. Such reporting may not be used by a
manufacturer, distributor, or other seller to advance the sale
of such treatment.
(2) Statements by a practitioner to a patient.--Subsection
(b)(1)(D) shall not apply to any statement made by a health
care practitioner directly to a patient or prospective patient.
A health care practitioner shall not be held liable for any
advertising claims made by others unless the practitioner is a
party in the dissemination of the information in such claims.
(3) Dietary supplements statement.--Subsection (b)(1)(D)
shall not apply to statements or claims permitted under
sections 403B and 403(r)(6) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-2 and 343(r)(6)).
SEC. 4. REPORTING OF A DANGEROUS MEDICAL TREATMENT.
(a) Health Care Practitioner.--If a health care practitioner, after
administering a medical treatment, discovers that the treatment itself
was a danger to the individual receiving such treatment, the
practitioner shall--
(1) immediately cease the use of such treatment;
(2) refrain from recommending the use of any unapproved
drug or medical device that was a part of such treatment;
(3) report to the manufacturer and the Director of the
Centers for Disease Control and Prevention--
(A) the nature of such treatment;
(B) the results of such treatment;
(C) the complete protocol of such treatment; and
(D) the source from which such treatment or any
part thereof was obtained; and
(4) include as part of the reporting under paragraph (3),
an affidavit pursuant to section 1746 of title 28, United
States Code, confirming that all statements made in the report
under such paragraph are accurate.
(b) Secretary.--Upon confirmation that a medical treatment has
proven dangerous to individuals, the Secretary shall properly
disseminate information with respect to the danger of the medical
treatment and prohibit the further use of such treatment.
SEC. 5. REPORTING OF A BENEFICIAL MEDICAL TREATMENT.
If a health care practitioner, after administering a medical
treatment that is not an approved drug or medical device for a life-
threatening medical condition or conditions, discovers that such
medical treatment has, in the opinion of the health care practitioner,
positive effects on such condition or conditions that are significantly
greater than the positive effects that are expected from an approved
medical treatment for the same condition or conditions, the
practitioner shall--
(1) make a monthly reporting to the National Center for
Complementary and Alternative Medicine at the National
Institutes of Health of--
(A) the nature of such medical treatment (which is
not a conventional medical treatment);
(B) the general results of such treatment
administered in the month involved; and
(C) the protocol of such treatment; and
(2) provide an affidavit pursuant to section 746 of title
28, United States Code, confirming that all statements made in
the monthly reporting under paragraph (1) are accurate and
truthful.
SEC. 6. TRANSPORTATION AND PRODUCTION OF FOOD, DRUGS, DEVICES, AND
OTHER EQUIPMENT.
(a) In General.--Notwithstanding any other provision of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.), an individual
may--
(1) introduce or deliver into interstate commerce a food,
drug, device, or any other equipment; and
(2) produce, transport, receive and hold a food, drug,
device, or any other equipment,
solely for use in accordance with this Act if there have been no
advertising claims by the manufacturer, distributor, or seller of the
food, drug, device, or equipment involved.
(b) Rule of Construction.--Nothing in this Act shall be construed
to limit or interfere with the authority of a health care practitioner
to prescribe, recommend, provide, or administer to a patient for any
medical condition or disease any unapproved drug or medical device that
is lawful under the law of the State or States in which the health care
practitioner practices.
SEC. 7. OTHER LAWS NOT AFFECTED BY THIS ACT.
Nothing in this Act shall be construed to--
(1) apply to the manufacturer, distribution, possession, or
use of any drug that is a controlled substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.);
(2) apply to statements or claims permitted or authorized
under sections 403 and 403B of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 3443, 343-2); or
(3) in any way adversely affect the distribution or sale of
dietary supplements (as defined in section 201(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 (ff)).
SEC. 8. PENALTY.
A health care practitioner who knowingly violates any provision of
this Act shall not be covered by the protections under this Act and
shall be subject to all other applicable laws and regulations. | Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any medical treatment that the individual desires (including a treatment that is not approved, certified, or licensed by the Secretary of Health and Human Services) if: (1) the practitioner agrees to treat the individual; and (2) the administration of such treatment does not violate licensing laws.
Declares that health care practitioners may/shall (sic) provide any method of treatment to such an individual if certain requirements are met. Requires a practitioner to report: (1) administering such treatment and discovering it to be a danger to an individual; and (2) the positive effects of an unconventional medical treatment for a life-threatening medical condition.States that nothing in this Act shall in any way adversely affect the distribution or sale of dietary supplements. | {"src": "billsum_train", "title": "A bill to permit an individual to be treated by a health care practitioner with any method of medical treatment such individual requests, and for other purposes."} | 3,020 | 180 | 0.447665 | 1.232713 | 0.685532 | 4.212121 | 16.89697 | 0.915152 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colonia Assistance Authorization Act
of 1993''.
SEC. 2. PURPOSE.
The purpose of this Act is to protect the economy, public health,
environment, and water quality of the United States-Mexico border area
that is endangered and is being polluted by raw or partially treated
sewage, effluent, and other pollutants.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Border state.--The term ``border State'' means each of
the following States:
(A) Arizona.
(B) California.
(C) New Mexico.
(D) Texas.
(3) Construction.--The term ``construction'' has the
meaning provided the term under section 212(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1292(1)).
(4) Eligible community.--The term ``eligible community''
means a low-income community commonly referred to as a colonia
that is located in the United States-Mexico border area
(generally in an unincorporated area) and that lacks basic
sanitation facilities such as safe drinking water, household
plumbing, and a proper sewage disposal system.
(5) Treatment works.--The term ``treatment works'' has the
meaning provided the term under section 212(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1292(2)).
SEC. 4. TRANSFERS AND GRANTS TO ALLEVIATE HEALTH RISK.
(a) In General.--
(1) Assistance.--The Administrator is authorized to
transfer funds to another Federal agency or award grants to any
other appropriate entity or border State, designated by the
President, to provide assistance to eligible communities for--
(A) the conservation, development, use, and control
of water (including the extension or improvement of a
water supply system); and
(B) the construction or improvement of sewers,
wastewater treatment works, and essential community
facilities (including necessary related equipment).
(2) Use of funds.--Each transfer of funds, and each grant
awarded, pursuant to paragraph (1) shall be used to provide
assistance to 1 (or more) eligible community with respect to
which the residents are subject to a significant health risk
(as determined by the Administrator) because a significant
proportion of the residents of the eligible community do not
have access to, or service by, an adequate and affordable--
(A) water supply system; or
(B) treatment works for wastewater treatment.
(b) Operation and Maintenance.--To carry out the purpose referred
to in section 2, the Administrator and the head of each other Federal
agency, entity, or border State, designated by the President pursuant
to subsection (a)(1), are each authorized to operate and maintain a
treatment works or other project that is constructed with funds made
available pursuant to subsection (a).
(c) Approval of Plans.--
(1) Plans and specifications.--Each treatment works or
other project that is funded by a transfer or a grant made
pursuant to subsection (a)(1) shall be constructed in
accordance with plans and specifications developed by the
Administrator or the head of another Federal agency or the
appropriate official of an entity or border State designated by
the President under subsection (a), in consultation with the
appropriate official of the affected border State.
(2) Approval by the administrator.--As a condition of
carrying out the construction of a treatment works or other
project referred in paragraph (1), the head of the Federal
agency or appropriate official of an entity or border State
shall submit the plans and specifications referred to in
paragraph (1) to the Administrator for approval.
(3) Standards for construction.--The Administrator may
approve a plan referred to in paragraph (2) if the
Administrator determines that the treatment works or other
project that is the subject of the plan meets the standards
that would apply to the treatment works or other project if the
treatment works or other project were constructed under
appropriate standards under the laws of the United States and
Mexico under applicable treaties and international agreements.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Environmental
Protection Agency to carry out this Act such sums as may be necessary
for fiscal year 1994, and for each fiscal year thereafter. | Colonia Assistance Authorization Act of 1993 - Authorizes the Administrator of the Environmental Protection Agency to transfer funds to another Federal agency or award grants to any appropriate entity or border State (Arizona, California, New Mexico, or Texas) to provide assistance to low-income communities in such areas that lack basic sanitation facilities for: (1) the conservation, development, use, and control of water; and (2) the construction or improvement of sewers, wastewater treatment works, and essential community facilities. Requires such funds to be used in communities subject to a significant health risk due to lack of access to a water supply system and wastewater treatment works.
Authorizes appropriations. | {"src": "billsum_train", "title": "Colonia Assistance Authorization Act of 1993"} | 961 | 143 | 0.643291 | 1.698929 | 0.751856 | 4.045802 | 6.877863 | 0.931298 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore our Neighborhoods Act of
2013''.
SEC. 2. CREDIT TO HOLDERS OF QUALIFIED URBAN DEMOLITION BONDS.
(a) In General.--Subpart I of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 54G. QUALIFIED URBAN DEMOLITION BONDS.
``(a) Qualified Urban Demolition Bond.--For purposes of this
subchapter, the term `qualified urban demolition bond' means any bond
issued as part of an issue if--
``(1) 100 percent of the available project proceeds of such
issue are to be used for expenditures incurred after the date
of the enactment of this section for 1 or more qualified
projects pursuant to an allocation of such proceeds to such
project or projects by a qualified issuer,
``(2) the bond is issued by a qualified issuer and is in
registered form (within the meaning of section 149(a)),
``(3) the qualified issuer designates such bond for
purposes of this section,
``(4) the term of each bond which is part of such issue
does not exceed 30 years,
``(5) such bond is issued during the 5-year period
beginning on the date of the enactment of this section, and
``(6) the issue meets the requirements of subsection (e).
``(b) Limitation on Amount of Bonds Designated.--
``(1) In general.--The maximum aggregate face amount of
bonds which may be designated under subsection (a) by a State
shall not exceed the qualified urban demolition bond limitation
amount allocated to such State under paragraph (3).
``(2) National qualified urban demolition bond limitation
amount.--There is a national qualified urban demolition bond
limitation amount of $4,000,000,000.
``(3) Allocation to states.--
``(A) In general.--The national qualified urban
demolition bond limitation shall be allocated by the
Secretary among the States on the following basis and
in such manner so as to ensure that all of such
limitation amount is allocated before the date which is
3 months after the date of the enactment of this
section:
``(i) $2,000,000,000 to be allocated among
the qualified States in accordance with
subparagraph (B), and
``(ii) $2,000,000,000 to be equally
allocated among all States.
``(B) Formula for allocation among qualified
states.--
``(i) In general.--The amount allocated to
a State under subparagraph (A)(i) shall be an
amount equal to the amount specified in
subparagraph (A)(i) multiplied by the ratio
that the nonseasonal vacant properties in the
State bears to the total nonseasonal vacant
properties of all qualified States.
``(ii) Nonseasonal vacant properties.--For
purposes of clause (i), nonseasonal vacant
properties shall be determined by the Secretary
on the basis of 2010 decennial census.
``(4) Allocation of limitation amount by states.--The
limitation amount allocated to a State under paragraph (3)
shall be allocated by the State to qualified issuers within
such State.
``(5) Reallocation of unused issuance limitation.--If at
the end of the 2-year period beginning on the date of the
enactment of this section, the national qualified urban
demolition bond limitation amount under paragraph (2) exceeds
the total amount of qualified urban demolition bonds issued
during such period, such excess shall be reallocated among the
qualified States in such manner as the Secretary determines
appropriate so as to ensure to the extent possible that all of
such limitation amount is issued in the form of qualified urban
demolition bonds before the end of the 5-year period beginning
on the date of the enactment of this section.
``(c) Qualified Project.--For purposes of this section, the term
`qualified project' means the direct and indirect demolition costs
properly attributable to any project proposed and approved by a
qualified issuer, but does not include costs of operation or
maintenance with respect to such project.
``(d) Applicable Credit Rate.--In lieu of section 54A(b)(3), for
purposes of section 54A(b)(2), the applicable credit rate with respect
to an issue under this section is the rate equal to an average market
yield (as of the day before the date of sale of the issue) on
outstanding long-term corporate debt obligations (determined in such
manner as the Secretary prescribes).
``(e) Special Rules Relating to Expenditures.--In lieu of
subparagraphs (A) and (B) of section 54A(d)--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of issuance,
the qualified issuer reasonably expects--
``(A) at least 100 percent of the available project
proceeds of such issue are to be spent for 1 or more
qualified projects within the 5-year expenditure period
beginning on such date, and
``(B) to incur a binding commitment with a third
party to spend at least 10 percent of the proceeds of
such issue with respect to such projects within the 12-
month period beginning on such date.
``(2) Rules regarding continuing compliance after 5-year
determination.--To the extent that less than 100 percent of the
available project proceeds of such issue are expended by the
close of the 5-year expenditure period beginning on the date of
issuance, the qualified issuer shall redeem all of the
nonqualified bonds within 90 days after the end of such period.
For purposes of this paragraph, the amount of the nonqualified
bonds required to be redeemed shall be determined in the same
manner as under section 142.
``(f) Recapture of Portion of Credit Where Cessation of
Compliance.--If any bond which when issued purported to be a qualified
urban demolition bond ceases to be such a bond, the qualified issuer
shall pay to the United States (at the time required by the Secretary)
an amount equal to the sum of--
``(1) the aggregate of the credits allowable under section
54A with respect to such bond (determined without regard to
section 54A(c)) for taxable years ending during the calendar
year in which such cessation occurs and each succeeding
calendar year ending with the calendar year in which such bond
is redeemed by the land bank, and
``(2) interest at the underpayment rate under section 6621
on the amount determined under paragraph (1) for each calendar
year for the period beginning on the first day of such calendar
year.
``(g) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified issuer.--The term `qualified issuer'
means--
``(A) a State-authorized land bank, or
``(B) with respect a State that does not have one
or more State-authorized land banks, the State or any
political subdivision or instrumentality thereof.
``(2) State-authorized land bank.--The term `State-
authorized land bank' means a special unit of government or
public purpose corporation--
``(A) expressly charged under State law with the
reclamation, repurposing and redevelopment of vacant
and abandoned land,
``(B) enabled under State law to conduct large
scale demolition projects,
``(C) organized in a State which has enacted
legislation allowing for the expedited tax foreclosure
of vacant, abandoned, and tax delinquent property, and
``(D) which may include a joint venture among 2 or
more State-authorized land banks or among other
entities with whom such special unit of government or
public purpose corporation is authorized to enter into
a joint venture.
``(3) Qualified state.--The term `qualified State' means a
State--
``(A) in which at least 49 percent of the State's
total housing units in the State were built before
1980, according to the 2010 census, and
``(B) which meets 3 of the following 4
requirements:
``(i) The State ranks in the top 20 among
all States in percentage change in nonseasonal
vacancies in the time period between the 2000
decennial census and the 2010 decennial census.
``(ii) The State ranks in the top 25 among
all States in unemployment rate (seasonally
adjusted) for the most recent January through
November period beginning before the issuance
of the qualified urban demolition bond.
``(iii) The State ranks in the top 25 among
all States in percentages of mortgages in
foreclosure for the 3rd quarter of 2012.
``(iv) The State ranks in the top 20 among
all States in the lowest percentage change in
population growth in the time period between
the 2000 decennial census and the 2010
decennial census.
``(4) Credits may be transferred.--Notwithstanding in any
law or rule of law shall be construed to limit the
transferability of the credit or bond allowed by this section
through sale and repurchase agreements.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 54A(d) of such Code is amended
by striking ``or'' at the end of subparagraph (D), by inserting
``or'' at the end of subparagraph (E), and by inserting after
subparagraph (E) the following new subparagraph:
``(E) a qualified urban demolition bond,''.
(2) Subparagraph (C) of section 54A(d)(2) is amended by
striking ``and'' at the end of clause (iv), by striking the
period at the end of clause (v) and inserting ``, and'', and by
adding at the end the following new clause:
``(vi) in the case of a qualified urban demolition bond, a purpose
specified in section 54G(a)(1).''.
(3) The table of sections for subpart I of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 54G. Qualified urban demolition bonds.''.
(c) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 3. USE OF HARDEST HIT FUND AMOUNTS FOR DEMOLITION ACTIVITIES.
(a) Authority.--Notwithstanding any provision of title I of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.),
any regulation, guidance, order, or other directive of the Secretary of
the Treasury, or any agreement (or amendment thereto) entered into
under the Hardest Hit Fund program of the Secretary under such title I,
any amounts of assistance that have been, or are, allocated for or
provided to a State or State agency through the Hardest Hit Fund
program may be used, without limitation, to demolish blighted
structures.
(b) Failure To Use HHF Amounts.--If, upon the expiration of the 24-
month period beginning on the date of the enactment of this Act, any
State or State agency is holding any amounts of assistance described in
subsection (a) or any amounts of such assistance allocated for such
State or State agency have not been disbursed to such State or agency,
the Secretary shall remit to the Treasury an amount equal to 25 percent
of the aggregate amount, as of such date, of such held and undisbursed
funds. The Secretary shall recapture from such State or State agency
any amounts of such held funds necessary to carry out this subsection. | Restore our Neighborhoods Act of 2013 - Amends the Internal Revenue Code to establish a new category of tax credit bonds to be known as qualified urban demolition bonds. Allows the issuance of $4 billion of such bonds for the purpose of demolishing vacant, abandoned, and tax delinquent properties in urban areas. Provides for the allocation of $2 billion to all states to fund such demolition projects, and an additional $2 billion for certain other states in which at least 49% of total housing units were built before 1980 and which have greater numbers of vacant or foreclosed properties and higher unemployment rates (qualified states). Authorizes the use of funds from the Hardest Hit Fund program established by title I of the Emergency Economic Stabilization Act to be used to demolish blighted structures. | {"src": "billsum_train", "title": "Restore our Neighborhoods Act of 2013"} | 2,590 | 209 | 0.537946 | 1.51721 | 0.700035 | 2.277372 | 17.328467 | 0.832117 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Sanctuary for Illegals Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Illegal entry of aliens who are members of dangerous
gangs, such as MS-13, into the United States is a direct threat
to the security of the United States.
(2) The continuing rise of illegal immigration increases
the chances that a terrorist will gain entry into the United
States undetected.
(3) The rising cost to taxpayers of the United States to
support housing, health care, education expenses, and criminal
justice for illegal aliens has reached between $11,000,000,000
and $22,000,000,000 per year.
(4) Any attempt to deal with illegal aliens currently
living in the United States must start with the United States
securing its borders.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the worsening crisis of illegal
immigration must be solved.
SEC. 4. BORDER SECURITY.
(a) Full-Time Active-Duty Border Patrol Agents.--In order to
fulfill the requirement under section 5202 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat.
3734) (relating to an increase in the number of positions for full-time
active-duty border patrol agents within the Department of Homeland
Security), and subject to the availability of appropriations for such
purpose, the Secretary of Homeland Security (in this Act referred to as
the ``Secretary'') shall--
(1) increase incentives to recruit individuals to become
such agents by offering such individuals repayment of higher
education loans, not to exceed $6,000 per year and a maximum of
$40,000; and
(2) develop incentives to retain experienced border patrol
agents through the establishment of a retention program.
(b) Deployment of Technology.--In accordance with section 2(a)(1)
of the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701
note), the Secretary is authorized to deploy newly developed and
cutting-edge technologies to secure the international land and maritime
borders of the United States.
(c) Construction of Border Fence.--The Secretary shall--
(1) make a priority the construction of the border fencing
required under section 102 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8
U.S.C. 1103 note); and
(2) not later than December 31, 2010, submit to Congress a
report on the progress and expected completion date of such
construction.
SEC. 5. MANDATED COLLABORATION TO END SANCTUARY OF ILLEGAL ALIENS.
If an alien who is unlawfully present in the United States is
arrested for any offense by a State or local law enforcement agency,
the head of such agency shall immediately notify United States
Immigration and Customs Enforcement (in this Act referred to as
``ICE'') of such arrest and the identity of such alien.
SEC. 6. EXPEDITED REMOVAL AND CRIMINAL PENALTIES OF CRIMINAL ALIENS.
(a) Action by ICE; Expedited Removal.--Upon notification under
section 5, the alien arrested under such section shall be immediately
detained by ICE and presented before an immigration judge (as defined
in section 101(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(4))). The name and fingerprints of such alien shall be added to
an appropriate watch list maintained by the Department of Homeland
Security concerning aliens who have been unlawfully present in the
United States, and such immigration judge shall order such alien
immediately removed from the United States without being released from
detention and without further hearing or review in the same manner as
an alien described in section 235(b)(1)(A)(i) of such Act (8 U.S.C.
1225(b)(1)(A)(i)) is subject to immediate removal from the United
States under the provisions of such section.
(b) Permanent Ineligibility for Admission to United States.--
Section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)(C)(i)(I)) is amended by striking ``for an aggregate
period of more than 1 year'' and inserting ``for any period of time''.
(c) Criminal Penalties for Subsequent Unlawful Presence.--An alien
who is removed from the United States under subsection (a) and who is
subsequently determined to be unlawfully present in the United States
shall be imprisoned for not more than 5 years and fined in accordance
with section 3571 of title 18, United States Code, and shall be removed
from the United States in accordance with the expedited removal
proceedings described in such subsection after the completion of such
alien's term of imprisonment.
SEC. 7. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED
STATES.
(a) In General.--Section 301 of the Immigration and Nationality Act
(8 U.S.C. 1401) is amended--
(1) by inserting ``(a) In General.--'' before ``The
following'';
(2) by redesignating subsections (a) through (h) as
paragraphs (1) through (8); and
(3) by adding at the end the following:
``(b) Definition.--Acknowledging the right of birthright
citizenship established by section 1 of the 14th Amendment to the
Constitution, a person born in the United States shall be considered
`subject to the jurisdiction' of the United States for purposes of
subsection (a)(1) if the person is born in the United States of
parents, one of whom is--
``(1) a citizen or national of the United States;
``(2) an alien lawfully admitted for permanent residence in
the United States whose residence is in the United States; or
``(3) an alien performing active service in the Armed
Forces (as defined in section 101 of title 10, United States
Code).''.
(b) Applicability.--The amendment made by subsection (a)(3) shall
not be construed to affect the citizenship or nationality status of any
person born before the date of the enactment of this Act.
SEC. 8. PROHIBITION ON DISTRIBUTION OF FEDERAL FUNDS.
(a) In General.--No officer or employee of the Federal Government
may provide Federal funds to any State, or political subdivision of a
State, that is determined by the Secretary to be interfering with
efforts to enforce Federal immigration laws.
(b) Termination of Funding Prohibition.--Subsection (a) shall cease
to be effective with respect to a State or political subdivision denied
funds under such subsection when the Secretary certifies that the State
or political subdivision has entered into an agreement with the
Secretary to cease such interference. | No Sanctuary for Illegals Act - Directs the Secretary of Homeland Security (DHS) to: (1) increase border patrol recruitment incentives by offering a ($40,000 maximum) repayment of higher education loans; and (2) develop border patrol retention incentives through the establishment of a retention program.
Authorizes the Secretary to deploy newly developed technologies to secure U.S. international land and maritime borders.
Directs the Secretary to: (1) prioritize border fence construction; and (2) report to Congress regarding such construction's progress.
Requires that if an alien who is unlawfully present in the United States is arrested for any offense by a state or local law enforcement agency the head of such agency shall immediately notify United States Immigration and Customs Enforcement (ICE) of the arrest and the alien's identity.
Requires that such an arrested alien be detained by ICE and presented before an immigration judge for expedited U.S. removal without release from detention and without further hearing or review. Provides for criminal penalties and expedited removal for such a removed alien who subsequently returns unlawfully to the United States.
Amends the Immigration and Nationality Act (INA) to make inadmissible an alien who has been unlawfully present in the United States for any period of time and who enters or seeks to enter the United States unlawfully. (Current law requires the period of unlawful presence to be more than one year.)
Amends INA to consider a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is: (1) a U.S. citizen or national; (2) a lawful permanent resident alien whose residence is in the United States; or (3) an alien performing active service in the U.S. Armed Forces.
Prohibits a federal government officer or employee from providing federal funds to any state or political subdivision that is determined to be interfering with efforts to enforce federal immigration laws. Terminates such prohibition when the state or political subdivision enters into an agreement with the Secretary to cease such interference. | {"src": "billsum_train", "title": "To end the cycle of illegal immigration in the United States and withdraw Federal funds from States and political subdivisions of States that interfere with the enforcement of Federal immigration law."} | 1,549 | 457 | 0.571529 | 1.773316 | 0.816749 | 4.276119 | 3.320896 | 0.90796 |
SECTION 1. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo and Sugar Quota.--Section 620(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.
(b) Trading With the Enemy Act.--The authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act (50 U.S.C.
App. 5(b)), which were being exercised with respect to Cuba on July 1,
1977, as a result of a national emergency declared by the President
before that date, and are being exercised on the day before the
effective date of this Act, may not be exercised on or after such
effective date with respect to Cuba. Any regulations in effect on the
day before such effective date pursuant to the exercise of such
authorities, shall cease to be effective on such date.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the effective date of
this Act under the Export Administration Act of 1979 shall
cease to be effective on such effective date.
(2) Authority for new restrictions.--The President may, on
and after the effective date of this Act--
(A) impose export controls with respect to Cuba
under section 5, 6(j), 6(l), or 6(m) of the Export
Administration Act of 1979, and
(B) exercise the authorities he has under the
International Emergency Economic Powers Act with
respect to Cuba pursuant to a declaration of national
emergency required by that Act that is made on account
of an unusual and extraordinary threat, that did not
exist before the enactment of this Act, to the national
security, foreign policy, or economy of the United
States.
(d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22
U.S.C. 6001 and following) is repealed.
(e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996.--
(1) Repeal.--The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 is repealed.
(2) Conforming amendments.--(A) Section 498A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295a) is amended--
(i) in subsection (a)(11) by striking ``and
intelligence facilities, including the military and
intelligence facilities at Lourdes and Cienfuegos,''
and inserting ``facilities,'';
(ii) in subsection (b)--
(I) in paragraph (4) by adding ``and''
after the semicolon;
(II) by striking paragraph (5); and
(III) by redesignating paragraph (6) as
paragraph (5); and
(iii) by striking subsection (d).
(B) Section 498B(k) of the Foreign Assistance Act of 1961
(22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and
(4).
(C) Section 1611 of title 28, United States Code, is
amended by striking subsection (c).
(D) Sections 514 and 515 of the International Claims
Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are
repealed.
(f) Termination of Denial of Foreign Tax Credit With Respect to
Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue
Code of 1986 (relating to denial of foreign tax credit, etc., with
respect to certain foreign countries) is amended by adding at the end
thereof the following new flush sentence: ``Notwithstanding the
preceding sentence, this subsection shall not apply to Cuba after the
date which is 60 days after the date of the enactment of this
sentence.''.
(g) Sugar Quota Prohibition Under Food Security Act of 1985.--
Section 902(c) of the Food Security Act of 1985 is repealed.
SEC. 2. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.
Any common carrier within the meaning of section 3 of the
Communications Act of 1934 (47 U.S.C. 153) is authorized to install,
maintain, and repair telecommunications equipment and facilities in
Cuba, and otherwise provide telecommunications services between the
United States and Cuba. The authority of this section includes the
authority to upgrade facilities and equipment.
SEC. 3. TRAVEL.
(a) In General.--Travel to and from Cuba by individuals who are
citizens or residents of the United States, and any transactions
ordinarily incident to such travel, may not be regulated or prohibited
if such travel would be lawful in the United States.
(b) Transactions Incident to Travel.--Any transactions ordinarily
incident to travel which may not be regulated or prohibited under
subsection (a) include, but are not limited to--
(1) transactions ordinarily incident to travel or
maintenance in Cuba; and
(2) normal banking transactions involving foreign currency
drafts, traveler's checks, or other negotiable instruments
incident to such travel.
SEC. 4. DIRECT MAIL DELIVERY TO CUBA.
The United States Postal Service shall take such actions as are
necessary to provide direct mail service to and from Cuba, including,
in the absence of common carrier service between the 2 countries, the
use of charter providers.
SEC. 5. PROHIBITION ON FEDERAL ASSISTANCE.
(a) Prohibition.--No Federal funds may be used to provide any
assistance to Cuba.
(b) Definitions.--For purposes of subsection (a)--
(1) the term ``assistance to Cuba'' includes, but is not
limited to--
(A) assistance to or for the benefit of Cuba that
is provided by grant, commercial sale, guaranty, or
insurance, or by any other means on terms more
favorable than that generally available in the
applicable market, whether in the form of a loan,
lease, credit, or a reserve, including, but not limited
to--
(i) insurance, financing, extensions of
credit, or participation in extensions of
credit provided by the Export-Import Bank of
the United States for exports to or imports
from Cuba;
(ii) insurance, reinsurance, financing, or
equity investment provided by the Overseas
Private Investment Corporation for projects in
Cuba;
(iii) any export credit, credit guaranty,
bonus, or other payment carried out through the
Commodity Credit Corporation in support of
export sales of agricultural commodities to
Cuba;
(iv) assistance under any provision of the
Agricultural Trade and Development Assistance
Act of 1954 to, or in support of export sales
of agricultural commodities to, Cuba;
(v) financing or other assistance under the
Agricultural Trade Act of 1978 in support of
export sales of agricultural commodities to
Cuba; and
(vi) any loan, credit, or other financing
by any United States agency to any person for
the purpose of financing transactions involving
confiscated property (within the meaning of
section 4 of the Cuba Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996, as in effect
on the day before the date of the enactment of
this Act);
and
(B) an exchange, reduction, or forgiveness of Cuban
debt owed in return for a grant of an equity interest
in a property, investment, or operation of the
Government of Cuba (including the government of any
political subdivision of Cuba, and any agency or
instrumentality of the Government of Cuba) or of a
Cuban national;
and
(2) the term ``agency or instrumentality of the Government
of Cuba'' means an agency or instrumentality of a foreign state
as defined in section 1603(b) of title 28, United States Code,
with each reference in such section to ``a foreign state''
deemed to be a reference to Cuba.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act. | Amends the Foreign Assistance Act of 1961 to repeal the embargo on trade with Cuba.
Prohibits the exercise by the President with respect to Cuba of certain authorities conferred by the Trading With the Enemy Act and exercised on July 1, 1977, as a result of a specified national emergency. Declares that any prohibition on exports to Cuba under the Export Administration Act of 1979 shall cease to be effective. Authorizes the President to impose export controls with respect to Cuba and exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security that did not exist before enactment of this Act.
Repeals: (1) the Cuban Democracy Act of 1992; (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996; and (3) the prohibition under the Food Security Act of 1985 against allocation of the annual sugar quota to any country unless its officials verify that it does not import for reexport to the United States any sugar produced in Cuba.
Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to Cuba.
Authorizes common carriers to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba.
Prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents, or of any transactions incident to travel.
Directs the U.S. Postal Service to provide direct mail service to and from Cuba.
Prohibits certain U.S. assistance to Cuba. | {"src": "billsum_train", "title": "To lift the trade embargo on Cuba, and for other purposes."} | 1,799 | 349 | 0.651206 | 1.997597 | 0.823453 | 3.754266 | 5.419795 | 0.887372 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ted Weiss Memorial Health Care Fraud
and Abuse Commission Act of 1993''.
SEC. 2. ESTABLISHMENT OF NATIONAL HEALTH CARE FRAUD AND ABUSE
COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Ted Weiss Memorial Health Care Fraud and Abuse Commission'' (in
this Act referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 18 members as
follows:
(1) Officials.--
(A) The Secretary of Health and Human Services (or
the Secretary's designee).
(B) The Inspector General of the Department of
Health and Human Services (or the Inspector General's
designee).
(C) The Attorney General (or the Attorney General's
designee).
(D) The Director of the Federal Bureau of
Investigation (or the Director's designee).
(E) The Administrator of the Health Care Financing
Administration (or the Administrator's designee).
(2) Public members.--Thirteen members, appointed by the
President, of which--
(A) one shall be an Attorney General of a State;
(B) one shall be a representative of State medicaid
fraud control programs;
(C) one shall be a State official directly
responsible for regulation of health insurance;
(D) one shall be a representative of physicians;
(E) one shall be a representative of hospital
administrators;
(F) one shall be a representative of health
insurance companies;
(G) one shall be a representative of employers who
self-fund employee health benefit plans;
(H) one shall be a representative of employers who
purchase a health benefit plan from a health insurance
company;
(I) one shall be a representative of medicare
carriers;
(J) one shall be a representative of medicare peer
review organizations;
(K) one shall be a representative of health care
consumers;
(L) one shall be a representative of medicare
beneficiaries; and
(M) one shall be a representative of labor unions.
In making appointments under this paragraph of an individual
who is a representative of persons or organizations, the
President shall consider the recommendations of national
organizations that represent such persons or organizations. The
President shall report to Congress, within 90 days after the
date of the enactment of this Act, the names of the members
appointed under this paragraph.
(c) Terms.--Each member shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
SEC. 3. FUNCTIONS OF COMMISSION.
(a) In General.--The Commission shall--
(1) investigate the nature, magnitude, and cost of health
care fraud and abuse in the United States, and
(2) identify and develop the most effective methods of
preventing, detecting, and prosecuting or litigating such fraud
and abuse, with particular emphasis on coordinating public and
private prevention, detection, and enforcement efforts.
(b) Particulars.--Among other items, the Commission shall examine
at least the following:
(1) Mechanisms to provide greater standardization of claims
administration in order to accommodate fraud prevention and
detection.
(2) Mechanisms to allow more freedom of health benefit
plans to exchange information for coordinating case development
and prosecution or litigation efforts, without undermining
patient and provider privacy protections or violating anti-
trust laws.
(3) The extension to private health insurers of
administrative remedies currently available to public insurers.
(4) Mechanisms for private insurers to organize and finance
investigation and litigation efforts when more than one insurer
may have received fraudulent claims from a provider.
(5) Creating a model State statute for establishing State
insurance fraud units and State laws to strengthen insurers'
ability to pursue and recover from fraudulent providers.
(6) The need for regulation of new types of health care
providers.
(7) Criteria for physician referrals to facilities in which
they (or family members) have a financial interest.
(8) The availability of resources to law enforcement
authorities to combat health care fraud and abuse.
(c) Report.--After approval by a majority vote, a quorum being
present, the Commission shall transmit to Congress a report on its
activities. The report shall be transmitted not later than 18 months
after the date that a majority of the public members of the Commission
have been appointed. The report shall contain a detailed statement of
the Commission's findings, together with such recommendations as the
Commission considers appropriate.
SEC. 4. ORGANIZATION AND COMPENSATION.
(a) Organization.--
(1) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number may hold
hearings.
(2) Chairman.--The Commission shall elect one of its
members to serve as chairman of the Commission.
(3) Meetings.--The Commission shall meet at the call of the
chairman or a majority of its members. Meetings of the
Commission are open to the public under section 10(a)(10) of
the Federal Advisory Committee Act, except that the Commission
may conduct meets in executive session but only if a majority
of the members of the Commission (a quorum being present)
approve going into executive session.
(b) Compensation of Members.--Members of the Commission shall serve
without compensation, but shall be reimbursed for travel, subsistence,
and other necessary expenses incurred in the performance of their
duties as members of the Commission.
SEC. 5. STAFF OF COMMISSION.
(a) In General.--The Commission may appoint and fix the
compensation of a staff director and such other additional personnel as
may be necessary to enable the Commission to carry out its functions,
without regard to the laws, rules, and regulations governing
appointment and compensation and other conditions of service in the
competitive service.
(b) Detail of Federal Employees.--Upon request of the chairman, any
Federal employee who is subject to such laws, rules, and regulations,
may be detailed to the Commission to assist it in carrying out its
functions under this Act, and such detail shall be without interruption
or loss of civil service status or privilege.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of 120 percent of the maximum annual rate of basic pay
payable for GS-15 of the General Schedule.
SEC. 6. AUTHORITY OF COMMISSION.
(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. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of
the chairman of the Commission, the head of that department or
agency shall furnish that information to the Commission.
(2) Access to information.--Information obtained by the
Commission is available to the public in the same manner in
which information may be made available under sections 552 and
552a of title 5, United States Code.
(c) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property for
the purpose of aiding or facilitating the work of the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter which the
Commission is authorized to investigate under this Act. The
attendance of witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served in
the judicial district in which the person required to be served
resides or may be found.
SEC. 7. TERMINATION.
The Commission shall terminate 90 days after the date the report is
submitted under section 3(c).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as are necessary to carry out its functions, to remain available until
expended. | Ted Weiss Memorial Health Care Fraud and Abuse Commission Act of 1993 - Establishes the Ted Weiss Memorial Commission on Health Care Fraud and Abuse to investigate the nature, magnitude, and cost of health care fraud and abuse and develop methods for its prevention, detection, prosecution, and litigation. Authorizes appropriations. | {"src": "billsum_train", "title": "Ted Weiss Memorial Health Care Fraud and Abuse Commission Act of 1993"} | 2,155 | 73 | 0.519685 | 1.284948 | 0.536287 | 4.614035 | 34.912281 | 0.964912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Defense Communities Assistance
Act of 2009''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress, that as the Federal Government
implements base closures and realignments, global repositioning, and
grow the force initiatives, it is necessary to assist local communities
coping with the impact of these programs at both closed and active
military installations. To aid communities to either recover quickly
from closures or to accommodate growth associated with troop influxes,
the Federal Government must provide assistance to communities to
effectively implement the various initiatives of the Department of
Defense.
SEC. 3. PERMANENT AUTHORITY TO CONVEY PROPERTY AT MILITARY
INSTALLATIONS TO SUPPORT MILITARY CONSTRUCTION AND
AGREEMENTS TO LIMIT ENCROACHMENT.
Section 2869(a)(3) of title 10, United States Code, is amended by
striking ``shall apply only during the period'' and all that follows
through ``September 30, 2008'' and inserting ``without limitation on
duration''.
SEC. 4. EXTENSION OF AUTHORITY TO PURCHASE MUNICIPAL SERVICES FOR
MILITARY INSTALLATIONS IN THE UNITED STATES.
(a) Permanent Authority.--Chapter 146 of title 10, United States
Code, is amended by inserting after section 2465 the following new
section:
``Sec. 2465a. Contracts for procurement of municipal services for
military installations in the United States
``(a) Contract Authority.--Subject to section 2465 of this title,
the Secretary concerned may enter into a contract for the procurement
of municipal services described in subsection (b) for a military
installation in the United States from a county, municipal government,
or other local governmental unit in the geographic area in which the
installation is located.
``(b) Covered Municipal Services.--The municipal services that may
be procured for a military installation under the authority of this
section are as follows:
``(1) Refuse collection.
``(2) Refuse disposal.
``(3) Library services.
``(4) Recreation services.
``(5) Facility maintenance and repair.
``(6) Utilities.
``(c) Exception From Competitive Procedures.--The Secretary
concerned may enter into a contract under subsection (a) using
procedures other than competitive procedures if--
``(1) the term of the proposed contract does not exceed 5
years;
``(2) the Secretary determines that the price for the
municipal services to be provided under the contract is fair,
reasonable, represents the least cost to the Federal
Government, and, to the maximum extent practicable, takes into
consideration the interests of small business concerns (as that
term is defined in section 3(a) of the Small Business Act (15
U.S.C. 632(a))); and
``(3) the business case supporting the Secretary's
determination under paragraph (2)--
``(A) describes the availability, benefits, and
drawbacks of alternative sources; and
``(B) establishes that performance by the county or
municipal government or other local governmental unit
will not increase costs to the Federal Government, when
compared to the cost of continued performance by the
current provider of the services.
``(d) Limitation on Delegation.--The authority to make the
determination described in subsection (c)(2) may not be delegated to a
level lower than a Deputy Assistant Secretary for Installations and
Environment, or another official of the Department of Defense at an
equivalent level.
``(e) Congressional Notification.--The Secretary concerned may not
enter into a contract under subsection (a) for the procurement of
municipal services until the Secretary notifies the Committees on Armed
Services of the Senate and the House of Representatives of the proposed
contract and a period of 14 days elapses from the date the notification
is received by the committees. The notification shall include a summary
of the business case and an explanation of how the adverse impact, if
any, on civilian employees of the Department of Defense will be
minimized.
``(f) Guidance.--The Secretary of Defense shall issue guidance to
address the implementation of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2465 the following new item:
``2465a. Contracts for purchase of municipal services for military
installations in the United States.''.
(c) Extension of Pilot Program.--Section 325(f) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 10 U.S.C. 2461 note) is amended by striking ``September
30, 2010'' and inserting ``September 30, 2020''.
SEC. 5. REIMBURSABLE ACTIVITIES UNDER THE DEFENSE-STATE MEMORANDUM OF
AGREEMENT PROGRAM.
Section 2701(d)(1) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``and the
processing of property transfers before or after remediation, provided
the Secretary shall not condition funding based on the manner in which
a State exercises its enforcement authority, or its willingness to
enter into dispute resolution prior to exercising that enforcement
authority.''.
SEC. 6. INDEMNIFICATION OF TRANSFEREES OF CLOSING DEFENSE PROPERTIES.
Section 330(a)(1) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note), is amended
by striking ``cost or other fee'' and all that follows through
``contaminant,'' and inserting ``cost, statutory or regulatory
requirement or order, or other cost, expense, or fee arising out of any
such requirement or claim for personal injury, environmental
remediation, or property damage (including death, illness, or loss of
or damage to property or economic loss) that results from, or is in any
manner predicated upon, the release or threatened release of any
hazardous substance, pollutant, or contaminant''.
SEC. 7. REQUIREMENT FOR NO-COST ECONOMIC DEVELOPMENT CONVEYANCES.
(a) Repeal of Certain Requirements.--Subsection (a) of section 3006
of the National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107-107; 115 Stat. 1350), and the amendments made by that
subsection, are hereby repealed. Effective as of the date of the
enactment of this Act, the provisions of section 2905 of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) that were amended by section
3006(a) of the National Defense Authorization Act for Fiscal Year 2002,
as such provisions were in effect on December 27, 2001, are hereby
revived.
(b) Regulations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations to implement the provisions of section 2905 of the Defense
Base Closure and Realignment Act of 1990 revived by subsection (a) to
ensure that the military departments transfer surplus real and personal
property at closed or realigned military installations without
consideration to local redevelopment authorities for economic
development purposes, and without the requirement to value such
property.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the status of current and anticipated economic
development conveyances, projected job creation, community
reinvestment, and progress made as a result of the enactment of this
section. | Defense Communities Assistance Act of 2009 - Expresses the sense of Congress on the necessity of assisting local communities coping with the impact of base closures and realignments and other military actions.
Extends permanently (under current law, terminated at the end of FY2008) the authority of the Secretary of the military department concerned to convey, for certain purposes, real property on a military installation determined to be excess to the needs of the Department of Defense (DOD).
Authorizes the Secretary concerned to contract for the procurement of municipal services for a U.S. military installation from a county, municipal government, or other local governmental unit in the area. Authorizes such Secretary to so contract using procedures other than competitive procedures, under certain conditions and after congressional notification.
Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 to extend through FY2020 a pilot program for the purchase of certain municipal services for military installations.
Amends the National Defense Authorization Act for Fiscal Year 1993 to broaden the indemnification provided to transferees of military properties.
Reinstates provisions of the Defense Base Closure and Realignment Act of 1990 which allow military departments to transfer surplus real and personal property at closed or realigned military installations without consideration to local redevelopment authorities when used for economic development purposes, without the requirement to assess the property's value. | {"src": "billsum_train", "title": "A bill to assist local communities with closed and active military bases, and for other purposes."} | 1,757 | 294 | 0.595024 | 1.788771 | 0.794066 | 3.176707 | 6.108434 | 0.895582 |
SECTION 1. VIETNAM VETERANS ALLOTMENT.
The Alaskan Native Claims Settlement Act (43 U.S.C. 1600, et seq.)
is amended by adding at the end the following:
``open season for certain native alaskan veterans for allotments
``Sec. 41. (a) In General.--(1) During the one-year period
beginning on the date of enactment of this section, an individual
described in subsection (b) is eligible for an allotment of not more
than 160 acres of land under the Act of May 17, 1906 (chapter 2469; 34
Stat. 197), as such Act was in effect before December 18, 1971.
``(2) Allotments selected under this section shall not be from
existing native or non-native campsites.
``(3) The Secretary shall prescribe such rules as may be necessary
to carry out this section.
``(b) Eligible Individuals.--(1) An individual is eligible under
subsection (a) if the individual would have been eligible under the Act
of May 17, 1906 (chapter 2469; 34 Stat. 197), as such Act was in effect
before December 18, 1971, and the individual is a veteran of the
Vietnam era.
``(2) For purposes of this section, in the case of an individual
described in paragraph (1) who is deceased, the heirs of the individual
shall be treated as the individual described in paragraph (1).
``(c) Conveyance Deadline.--The Secretary of the Interior shall
complete land conveyances pursuant to this section not later than one
year after the end of the period referred to in subsection (a).
``(d) Definitions.--For the purposes of this section, the terms
`veteran' and `Vietnam era' have the meaning given such terms by
paragraphs (2) and (29), respectively, of section 101 of title 38,
United States Code.''.
SEC. 2. ELIM NATIVE CORPORATION LAND RESTORATION.
The Alaskan Native Claims Settlement Act (43 U.S.C. 1600, et seq.),
as amended by section 1 of this Act, is further amended by adding at
the end the following:
``elim native corporation land restoration
``Sec. 42. (a) Withdrawal and Availability for Selection.--The
lands described in subsection (b) are withdrawn from disposition under
the public land laws, entry or appropriation under the mining laws of
the United States, and the operation of the mineral leasing laws of the
United States, subject to valid existing rights, for a period of one
year from the date of enactment of this section, for selection by the
Elim Native Corporation under this section.
``(b) Lands Described.--The lands described in this section are
within the boundary of the parcel of land in the vicinity of Elim,
Alaska, at approximately latitude 64 50 N. longitude 162 00 W, more
particularly described as follows:
``Beginning at the point of intersection of line 3-4, U.S.
Survey No. 2548 with the protracted West Boundary of T8S, R18W
KRM, Alaska;
``Thence North, along the west boundary of the
aforementioned township, approximately 4\1/2\ miles to the
protracted position for the corner of sections 1, 6, 7, and 12;
``Thence Northeasterly, parallel with line 4-3 of U.S.
Survey No. 2548, approximately 20\1/2\ miles, to a point;
``Thence East approximately 6 miles to corner No. 3 U.S.
Survey No. 2548;
``Thence Southwesterly along lines 3-4, U.S. Survey 2548
approximately 27\1/2\ miles to the point of beginning.
``(c) Authorization To Select Lands; Reservation of Easement.--The
Elim Native Corporation is authorized to select 50,000 acres of lands
within the boundary of the lands described in subsection (b) to satisfy
its land entitlements under section 19(b). The Secretary is authorized
to receive, adjudicate, and convey the lands to the Elim Native
Corporation subject to--
``(1) valid existing rights; and
``(2) an easement reserved to the United States for the
benefit of the public. An easement in the lands shall be
reserved to the Iditarod National Historic Trail.
``(d) Withdrawal and Selection of Additional Lands.--The Secretary
is authorized to withdraw, and Elim Native Corporation is authorized to
select, not later than 18 months after the date of the enactment of
this section additional lands adjacent to the lands withdrawn by
subsection (a) to fulfill Elim Native Corporation's land entitlements
equal to the total acreage of the Norton Bay Reservation as withdrawn
by Executive Order No. 2508, dated January 3, 1917.
``(e) Finality of Selections.--Selection by the Elm Native
Corporation of lands under subsection (c) or (d) shall constitute full
satisfaction of any claim or entitlement of the Elim Native
Corporation--
``(1) with respect to subsection (c), to its land
entitlements under section 19(b), and
``(2) with respect to subsection (d), to the extinguishment
of the Norton Bay Reservation (as withdrawn by Executive Order
No. 2508, dated January 3, 1917).''. | Amends the Alaska Native Claims Settlement Act (ANCSA) to make certain Native Alaskans who are Vietnam veterans eligible, for up to one year after the enactment of this Act, for up to 160 acres apiece of nonmineral Alaskan land.
Withdraws certain Alaska lands from disposition under the public land laws, entry or appropriation under the mining laws, and the operation of U.S. mineral leasing, subject to valid existing rights, for a one-year period, for selection by the Elim Native Corporation. Authorizes: (1) such Corporation to select 50,000 acres of such lands to satisfy its land entitlements under ANCSA; (2) the Secretary of the Interior to receive, adjudicate, and convey such lands to the Corporation, subject to valid existing rights and an easement reserved to the United States for the benefit of the public; and (3) the Secretary to withdraw, and the Corporation to select, certain additional adjacent lands withdrawn to fulfill the Corporation's land entitlements equal to the total acreage of the Norton Bay Reservation as withdrawn by executive order. Constitutes the Corporation's selection of such lands as full satisfaction of all Corporation claims under ANCSA and the extinguishment of the Norton Bay Reservation. | {"src": "billsum_train", "title": "To amend the Alaskan Native Claims Settlement Act to provide for selection of lands by certain veterans of the Vietnam era and by the Elim Native Corporation."} | 1,205 | 271 | 0.574857 | 1.88557 | 0.643993 | 4.210526 | 4.662281 | 0.929825 |
That (a) subtitle B of
title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.) is amended
by inserting after section 739 the following new section:
``SEC. 740A. PRIVATE REMEDY FOR INJURY RESULTING FROM DUMPING.
``(a) Definitions.--For purposes of this section--
``(1) The term `court' means any District Court of the
United States.
``(2) The term `dumped merchandise' means the class or kind
of merchandise sold at less than foreign market value.
``(3) The term `eligible party' means any person described
in subparagraph (C), (D), (E), (F), or (G) of section 771(9)
(including any member or a person described in such
subparagraph (E), (F), or (G)).
``(4) The term `foreign market value' has the same meaning
given such term in section 773.
``(b) Cause of Action.--
``(1) In general.--An eligible party that suffers economic
loss by reason of the importation and sale of dumped
merchandise may bring an action for damages in the court
against any of the following:
``(A) Any manufacturer of the dumped merchandise.
``(B) Any exporter of the dumped merchandise to the
United States.
``(C) Any importer of the dumped merchandise into
the United States, if the importer is an affiliate or
subsidiary of a manufacturer or exporter referred to in
subparagraph (A) or (B).
``(2) Jurisdiction over foreign persons.--For purposes of
actions brought under this section, the court has jurisdiction
over any foreign person that is described in paragraph (1)(A),
(B), or (C).
``(3) Process.--Process may be served on a defendant in any
action commenced under this section in any place within the
United States where the defendant may be found or transacts
business.
``(c) Economic Loss.--
``(1) Applicable period; presumption of loss.--If an action
is brought under subsection (b), and there has been a petition
filed under section 732, the administering authority and the
Commission shall include in their investigations the period
covered by the private action. There shall be a presumption of
economic loss if a petition filed under section 732 on behalf
of an eligible party resulted in affirmative determinations
under subsections (a) and (b) of section 735 regarding a class
or kind of merchandise.
``(2) No presumption of loss.--If there have been no
affirmative determinations under subsections (a) and (b) of
section 735, there shall be no presumption of economic loss.
``(3) Limitation on award.--Under no circumstances shall
the court award damages for a period subject to the potential
assessment of antidumping duties.
``(4) Evaluation of loss.--In evaluating the economic loss
sustained by the eligible party, the court shall consider all
information, including potential lost sales, worker layoffs,
plant closures, or financial losses, submitted by the eligible
party and by parties described in subsection (b)(1)(A), (B), or
(C). The court may consider, but may not require, an
econometric analysis or any other scientific study estimating
the actual effects of the dumped merchandise on the eligible
party.
``(d) Damages.--
``(1) In general.--In any action brought under subsection
(b), the eligible party, upon a finding of liability on the
part of the defendant, is entitled to recover--
``(A) actual damages for the economic loss
(including injury to business or property) sustained by
the eligible party; and
``(B) the costs of the action, including reasonable
attorney's fees.
``(2) Calculation of damages.--In calculating damages for
purposes of this section, the court--
``(A) shall give regard to injury to the eligible
party resulting from the importation into the United
States and sale of dumped merchandise and of other
merchandise, if any, produced by the defendant and that
consists in part of merchandise that, if entered or
withdrawn from warehouse separately, would be dumped
merchandise; and
``(B) may give such regard to the affirmative
finding under subsection (b) of section 735 regarding
the dumped merchandise as it considers appropriate.
``(e) Time for Bringing Action.--
``(1) In general.--Except as provided in paragraph (2), an
action may not be brought under this section unless commenced
within 2 years after the date on which the cause of action
accrues.
``(2) Tolling of limitation.--The running of the 2-year
limitation in paragraph (1) shall be suspended while any
administrative or judicial review of an affirmative
determination under subsection (a) or (b) of section 735 is
pending and until a decision upon that review is rendered.''.
(b) The table of contents for such title VII is amended by adding
after the entry for section 739 the following:
``Sec. 740A. Private remedy for injury resulting from dumping.''. | Amends the Tariff Act of 1930 to create a private cause of action for economic loss to an eligible party by reason of the importation and sale of dumped merchandise (i.e., goods sold at less than foreign market value) against any manufacturer, exporter, or, if the importer is an affiliate or subsidiary of such manufacturer or exporter, importer of such merchandise.
Sets forth provisions with respect to jurisdiction over foreign persons, service of process, presumptions of loss, and limitations on awards.
Directs the court, in evaluating the economic loss sustained by the eligible party, to consider certain information submitted, including potential lost sales, worker layoffs, plant closures, and financial losses. Allows the court to consider an econometric analysis or other scientific study estimating the actual effects of the dumped merchandise on the eligible party.
Specifies that the eligible party, upon a finding of liability on the part of the defendant, is entitled to recover actual damages for economic loss and costs, including reasonable attorney's fees.
Sets forth further provisions with respect to the calculation of damages and the time allowed for bringing an action under this Act. | {"src": "billsum_train", "title": "To provide a private cause of action for the recovery of damages for economic loss caused by the dumping of foreign merchandise into United States markets, and for other purposes."} | 1,166 | 250 | 0.534148 | 1.776394 | 0.86063 | 3.93578 | 4.96789 | 0.87156 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Plan Clarification Act of
2008''.
SEC. 2. APPLICATION OF CONTROLLED GROUP RULES TO CHURCH PLANS.
(a) In General.--Section 414(c) of the Internal Revenue Code of
1986 (relating to employees of partnerships, proprietorships, etc.,
which are under common control) is amended--
(1) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes'', and
(2) by adding at the end the following new paragraph:
``(2) Church plans.--For purposes of this subsection, in
determining whether an employer who is otherwise eligible to
participate in a church plan is treated as a member of a group
of entities under common control, such employer (including an
organization described in subsection (e)(3)(A)) shall not be
treated as under common control with another entity if, based
on all of the facts and circumstances, the day-to-day financial
and operational activities are not under common control. In
determining if such activities are under common control, the
Secretary shall consider whether the entities have been
historically viewed as distinct entities within the church or
convention or association of churches.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning before, on, or after the date of the
enactment of this Act.
SEC. 3. APPLICATION OF CONTRIBUTION AND FUNDING LIMITATIONS TO 403(B)
GRANDFATHERED DEFINED BENEFIT PLANS.
(a) In General.--Section 251(e)(5) of the Tax Equity and Fiscal
Responsibility Act of 1982 (relating to special rule for existing
defined benefit arrangements), Public Law 97-248, is amended--
(1) by striking ``403(b)(2)'' and inserting ``403(b)'', and
(2) by inserting before the period at the end the
following: ``, and shall be subject to the applicable
limitations of section 415(b) of such Code as if it were a
defined benefit plan under section 401(a) of such Code and not
the limitations of section 415(c) of such Code (relating to
limitation for defined contribution plans).''.
(b) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the Tax Equity and Fiscal
Responsibility Act of 1982.
SEC. 4. ALLOW CERTAIN PLAN TRANSFERS AND MERGERS.
(a) In General.--Section 414 of the Internal Revenue Code of 1986
(relating to definitions and special rules) is amended by adding at the
end the following new subsection:
``(y) Certain Plan Transfers and Mergers.--
``(1) In general.--Under rules prescribed by the Secretary,
except as provided in paragraph (2), no amount shall be
includible in gross income by reason of--
``(A) a transfer of all or a portion of the account
balance of a participant or beneficiary, whether or not
vested, from a plan described in section 401(a), or a
retirement income account described in section
403(b)(9), which is a church plan described in section
414(e) to a retirement income account described in
section 403(b)(9), if such plan and account are both
maintained by the same church or convention or
association of churches;
``(B) a transfer of all or a portion of the account
balance of a participant or beneficiary, whether or not
vested, from a retirement income account described in
section 403(b)(9) to a plan described in section
401(a), or a retirement income account described in
section 403(b)(9), which is a church plan described in
section 414(e), if such plan and account are both
maintained by the same church or convention or
association of churches, or
``(C) a merger of a plan described in section
401(a), or a retirement income account described in
section 403(b)(9), which is a church plan described in
section 414(e) with a retirement income account
described in section 403(b)(9), if such plan and
account are both maintained by the same church or
convention or association of churches.
``(2) Limitation.--Paragraph (1) shall not apply to a
transfer or merger unless the participant's or beneficiary's
benefit immediately after the transfer or merger is equal to or
greater than the participant's or beneficiary's benefit
immediately before the transfer or merger.
``(3) Qualification.--A plan or account shall not fail to
be considered to be described in sections 401(a) or 403(b)(9)
merely because such plan or account engages in a transfer or
merger described in this subsection.
``(4) Definition of church.--For purposes of this
subsection, the term `church' includes an organization
described in subparagraph (A) or (B)(ii) of subsection
(e)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to transfers or mergers occurring after the date of the enactment of
this Act.
SEC. 5. INVESTMENTS BY CHURCH PLANS IN COLLECTIVE TRUSTS.
(a) In General.--In the case of--
(1) a church plan (as defined in section 414(e) of the
Internal Revenue Code 1986), including a plan described in
section 401(a) of such Code and a retirement income account
described in section 403(b)(9) of such Code, and
(2) an organization described in section 414(e)(3)(A) of
such Code the principal purpose or function of which is the
administration of such a plan or account,
the assets of such plan, account, or organization (including any assets
otherwise permitted to be commingled for investment purposes with the
assets of such a plan, account, or organization) may be invested in a
group trust otherwise described in Internal Revenue Service Revenue
Ruling 81-100 ( as modified by Internal Revenue Service Revenue Ruling
2004-67), or any subsequent revenue ruling that supersedes or modifies
such revenue ruling, without adversely affecting the tax status of the
group trust, such plan, account, or organization, or any other plan or
trust that invests in the group trust.
(b) Effective Date.--This section shall apply to investments made
after the date of the enactment of this Act. | Church Plan Clarification Act of 2008 - Amends Internal Revenue Code pension plan provisions to: (1) apply a special rule for determining the status of an employer participating in a church plan as a member of a controlled group of entities; and (2) allow certain tax-free transfers to and mergers of church plans that are maintained by the same church or association of churches.
Amends the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) to apply limitations on benefits and contributions under qualified employee plans to certain church defined benefit plans.
Allows church plans and their supporting organizations to invest plan assets in a group trust (as defined by Internal Revenue Service Revenue Rulings). | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to clarify the treatment of church pension plans, and for other purposes."} | 1,481 | 145 | 0.565339 | 1.532675 | 0.683148 | 2.537879 | 9.606061 | 0.871212 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Homes Act of 2008''.
SEC. 2. MODIFICATION OF NEW ENERGY EFFICIENT HOME CREDIT.
(a) In General.--
(1) Modification of credit amount.--Paragraph (2) of
section 45L(a) of the Internal Revenue Code of 1986 (relating
to applicable amount) is amended to read as follows:
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to--
``(A) in the case of an Energy Star Home, $700,
``(B) in the case of an Energy Plus Home, $2,000,
``(C) in the case of an Energy Saver Home, $5,000,
and
``(D) in the case of Zero Energy Home, $10,000.''.
(2) Modification of energy saving requirement.--Subsection
(c) of section 45L of such Code is amended to read as follows:
``(c) Energy Savings Requirements.--
``(1) In general.--A dwelling unit meets the energy savings
requirements of this subsection if such unit is described in
paragraph (2).
``(2) Applicable dwelling units.--For purposes of this
section--
``(A) Energy star home.--The term `Energy Star
Home' means a dwelling unit which meets the
requirements established by the Administrator of the
Environmental Agency under the Energy Star Labeled
Homes program.
``(B) Energy plus home.--The term `Energy Plus
Home' means a dwelling unit which is certified under
the most recent Mortgage Industry National Home Energy
Rating Systems Standards as having a relative energy
use index value of more than 50, but not more than 70.
``(C) Energy saver home.--The term `Energy Saver
Home' means a dwelling unit which meets the
requirements of subparagraph (B) applied by
substituting `0' for `50' and `50' for `70'.
``(D) Zero energy home.--The term `Zero Energy
Home' means a dwelling unit which meets the
requirements of subparagraph (B) applied by
substituting `0' for `more than 50, but not more than
70'.''.
(3) Modification of termination.--Subsection (g) of section
45L of such Code (relating to termination) is amended to read
as follows:
``(g) Termination.--This section shall not apply to any qualified
new energy efficient home acquired after--
``(1) in the case of an Energy Star Home, December 31,
2011,
``(2) in the case of a Energy Star Home, December 31, 2013,
``(3) in the case of a Energy Plus Home, December 31, 2015,
and
``(4) in the case of a Zero Energy Home, December 31,
2018.''.
(b) Effective Date.--The amendments made by this section shall
apply to new energy efficient homes acquired after December 31, 2008.
SEC. 3. ENERGY EFFICIENT HOME PURCHASE.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating additional itemized deductions
for individuals) is amended by redesignating section 224 as section 225
and by inserting after section 223 the following new section:
``SEC. 224. ENERGY EFFICIENT HOME PURCHASE DEDUCTION.
``(a) In General.--There shall be allowed as a deduction for the
taxable year an amount equal to the difference of--
``(1) the amount paid or incurred by the taxpayer for the
taxable year in acquiring or constructing an energy efficient
dwelling unit, over
``(2) the acquisition or construction cost, as the case may
be, of a comparable dwelling unit.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Energy efficient dwelling unit.--The term `energy
efficient dwelling unit' means any dwelling unit described in
section 45L(c)(2) which is used as the principal residence
(within the meaning of section 121) of the taxpayer during the
taxable year.
``(2) Cost of a comparable dwelling unit.--The Secretary
shall by regulation prescribe such methods for determining the
acquisition or construction cost of a comparable dwelling unit
as are necessary to carry out the purposes of this section.
``(3) Recapture.--The Secretary shall by regulation provide
for such recapture of the benefit of any deduction allowed
under subsection (a) as may be necessary to prevent abuse of
this section. Such rules shall provide exceptions to such
recapture as may be appropriate, including (if applicable) in
the case of a sale or exchange by reason of a change in place
of employment, health, or, to the extend provided in
regulations, unforseen circumstances.''.
(b) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 224 and inserting the following new items:
``Sec. 224. Energy efficient home purchase deduction.
``Sec. 225. Cross reference.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Next Generation Homes Act of 2008 - Amends the Internal Revenue Code to: (1) increase the dollar limits on the new energy efficient home tax credit and revise the energy savings requirements for such credit; and (2) allow a new tax deduction for the purchase of an energy efficient principal residence. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the new energy efficient home credit and to provide a credit against tax for the purchase of certain energy efficient homes."} | 1,209 | 61 | 0.539782 | 1.145381 | 0.375498 | 2.327586 | 18.724138 | 0.810345 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pulmonary Hypertension Research and
Diagnosis Act of 2015''.
SEC. 2. INTERAGENCY PULMONARY HYPERTENSION COORDINATING COMMITTEE
ESTABLISHED.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following new
section:
``SEC. 399V-6. INTERAGENCY PULMONARY HYPERTENSION COORDINATING
COMMITTEE.
``(a) Committee Established.--The Secretary shall establish a
committee, to be known as the Interagency Pulmonary Hypertension
Coordinating Committee (in this section referred to as the
`Committee'), to coordinate all efforts within the Department of Health
and Human Services concerning pulmonary hypertension.
``(b) Responsibilities.--The Committee shall--
``(1) develop and annually update a summary of the advances
made in research on, and treatment and diagnosis of, pulmonary
hypertension;
``(2) develop and annually update a summary of the advances
made in access to care for individuals with a diagnosis of
pulmonary hypertension;
``(3) monitor pulmonary hypertension research, services,
and support activities across the Federal Government, including
coordination of Federal activities and programs with respect to
pulmonary hypertension;
``(4) develop and annually update a comprehensive strategic
plan under subsection (c) to improve health outcomes for
individuals with a diagnosis of pulmonary hypertension; and
``(5) develop and annually update the progress made in
implementing such comprehensive strategic plan.
``(c) Strategy.--Not later than one year after the date of the
enactment of the Pulmonary Hypertension Research and Diagnosis Act of
2015 and annually thereafter, the Committee shall submit to Congress
and the Secretary a strategy to improve health outcomes for individuals
with a diagnosis of pulmonary hypertension. Such strategy shall include
the following:
``(1) Recommendations to advance research on pulmonary
hypertension.
``(2) Recommendations to improve the transplantation
criteria and process concerning lung and heart-lung transplants
for individuals with a diagnosis of pulmonary hypertension.
``(3) Recommendations to improve public awareness and
recognition of pulmonary hypertension.
``(4) Recommendations to improve health care delivery for
individuals with a diagnosis of pulmonary hypertension.
``(5) Recommendations to improve the early and accurate
diagnosis of pulmonary hypertension.
``(6) Recommendations to systematically advance the full
spectrum of biomedical research on pulmonary hypertension.
``(d) Membership.--
``(1) In general.--The Committee shall be composed of--
``(A) a representative from each of the entities
listed in paragraph (2); and
``(B) the non-Federal members appointed under
paragraph (3).
``(2) Federal members.--The entities listed in this
paragraph are the following:
``(A) The Department of Defense.
``(B) The Food and Drug Administration.
``(C) The National Institutes of Health.
``(D) The Agency for Healthcare Research and
Quality.
``(E) The Administration for Children and Families.
``(F) The Centers for Disease Control and
Prevention.
``(G) The Centers for Medicare & Medicaid Services.
``(H) The Health Resources and Services
Administration.
``(3) Non-federal members.--Not fewer than six members of
the Committee or one-third of the total membership of the
Committee, whichever is greater, shall be composed of non-
Federal members to be appointed by the Secretary, of which--
``(A) at least two shall be individuals with a
diagnosis of pulmonary hypertension;
``(B) at least one shall be the parent or guardian
of an individual with a diagnosis of pulmonary
hypertension;
``(C) at least one shall be a representative of a
pharmaceutical company that manufactures a drug or
device for detecting, preventing, or treating pulmonary
hypertension; and
``(D) at least one shall be a representative of a
leading research, advocacy, or support organization
primarily serving individuals with a diagnosis of
pulmonary hypertension.
``(e) Meetings.--The Committee shall meet not fewer than two times
each year. All meetings shall be open to the public.
``(f) Termination Date.--The Committee shall terminate on the date
that is five years after the date of the enactment of the Pulmonary
Hypertension Research and Diagnosis Act of 2015.''.
SEC. 3. REPORT TO CONGRESS.
(a) Report Required.--Not later than two years after the date of
the enactment of this Act, the Secretary of Health and Human Services,
in coordination with the Interagency Pulmonary Hypertension
Coordinating Committee, shall prepare and submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a progress
report on activities related to improving health outcomes for
individuals with a diagnosis of pulmonary hypertension.
(b) Contents of Report.--The report submitted under subsection (a)
shall contain--
(1) information on the incidence of pulmonary hypertension,
including such incidence since the date of the enactment of
this Act;
(2) information on the prevalence of pulmonary hypertension
in children and adults;
(3) information on the average time between the initial
screening and the accurate diagnosis of pulmonary hypertension;
(4) information on the average stage of pulmonary
hypertension when appropriate intervention begins;
(5) information on the effectiveness and outcomes of
interventions for individuals with a diagnosis of pulmonary
hypertension, including--
(A) mortality rate; and
(B) the frequency of drastic treatment options such
as lung and heart-lung transplants;
(6) information on new developments in research activities;
(7) information on innovative treatment options and
diagnostic tools; and
(8) information on services and supports available to
individuals with a diagnosis of pulmonary hypertension.
(c) Publication.--The Secretary of Health and Human Services shall
make the report submitted under subsection (a) available on the public
website of the Department of Health and Human Services. | Pulmonary Hypertension Research and Diagnosis Act of 2015 This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to establish the Interagency Pulmonary Hypertension Coordinating Committee. The committee must monitor research and annually summarize research and medical advances regarding pulmonary hypertension. The committee must develop a comprehensive strategic plan to improve health outcomes for individuals with pulmonary hypertension. The plan must include recommendations regarding pulmonary hypertension diagnosis, research, transplantation criteria, public awareness, and health care delivery. HHS must report on activities related to improving health outcomes for individuals with pulmonary hypertension. The report must include information regarding pulmonary hypertension epidemiology, treatment, support available to individuals, and research. | {"src": "billsum_train", "title": "Pulmonary Hypertension Research and Diagnosis Act of 2015"} | 1,405 | 159 | 0.724109 | 1.7321 | 0.730107 | 3.015385 | 9.753846 | 0.876923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traditional Banking Regulatory
Relief Act of 2015''.
SEC. 2. REGULATORY RELIEF FOR TRADITIONAL BANKING ORGANIZATIONS.
(a) Regulatory Capital Requirements.--
(1) In general.--Section 18 of the Federal Deposit
Insurance Act (12 U.S.C. 1828) is amended by adding at the end
the following new subsection:
``(aa) Treatment of Traditional Banking Organizations.--
``(1) Regulatory capital requirements.--
``(A) Simple leverage ratio.--The appropriate
Federal banking agencies shall issue regulations
establishing a minimum simple leverage ratio at no less
than 10 percent. The simple leverage ratio requirement
shall be consistent with regulations promulgated
pursuant to section 38 (relating to prompt corrective
action).
``(B) Application to traditional banking
organization.--Notwithstanding any other provision of
law, a traditional banking organization that meets the
minimum simple leverage ratio established under
subparagraph (A) may elect, by notice to the
appropriate Federal banking agencies, to maintain the
minimum simple leverage ratio as its sole measure of
capital adequacy.
``(C) Exemption from risk-based capital
requirement.--The risk-based capital requirement in
section 38(c)(1)(A) shall not apply to a traditional
banking organization that makes an election under
subparagraph (B) and complies with regulations issued
in accordance with this paragraph.
``(D) Grace period.--A traditional banking
organization that makes an election under subparagraph
(B) and fails to maintain the minimum simple leverage
ratio described in subparagraph (A) (as determined by
the first quarterly report of condition issued after
making such an election) shall be exempt from the risk-
based capital requirement in section 38(c)(1)(A) for a
period of 18 months beginning on the date of such
determination.
``(2) Reservation of authority.--Notwithstanding any other
provision of this subsection, an appropriate Federal banking
agency may require additional capital adequacy measures
applicable to a newly chartered traditional banking
organization or for an individual traditional banking
organization if such measures are required to ensure the safety
and soundness of the banking organization or to prevent an
unacceptable risk to the Deposit Insurance Fund.
``(3) Definitions.--
``(A) Traditional banking organization.--The term
`traditional banking organization' means any bank
holding company, savings and loan holding company,
bank, or savings association that individually, and
when including its parent, subsidiaries, and all
affiliates, meets the following requirements:
``(i) Has zero trading assets and zero
trading liabilities.
``(ii) Does not engage in swaps or
security-based swaps (as such terms are defined
in section 1a of the Commodity Exchange Act (7
U.S.C. 1a)), other than swaps or security-based
swaps referencing interest rates or foreign
exchange swaps (as such terms are defined in
such section).
``(iii) Has a total gross notional exposure
of swaps and security-based swaps of not more
than $3,000,000,000.
``(B) Simple leverage ratio.--
``(i) In general.--The term `simple
leverage ratio' means--
``(I) total equity less goodwill
and deferred tax assets, divided by
``(II) total assets less goodwill
and deferred tax assets,
as measured by generally accepted accounting
principles.
``(ii) Measurements.--For purposes of
measuring the simple leverage ratio capital
requirements of a traditional banking
organization, the appropriate Federal banking
agencies may, by regulation, require--
``(I) the exclusion, from total
equity, of other intangible assets; or
``(II) the addition, to total
assets, of off-balance sheet items.
``(iii) Rule of construction.--The simple
leverage ratio shall not be construed to be a
generally applicable leverage capital
requirement for purposes of section 171 of the
Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5371).''.
(2) Phase-in for certain organizations.--
(A) In general.--Notwithstanding the minimum simple
leverage ratio requirement under section 18(aa)(1)(B)
of the Federal Deposit Insurance Act, a traditional
banking organization with a simple leverage ratio of 8
percent or more may make an election under such section
18(aa)(1)(B) during the 18-month period beginning on
the date of the enactment of this Act.
(B) Requirement to meet the minimum simple leverage
ratio.--A traditional banking organization making an
election pursuant to subparagraph (A) shall have until
the end of the 18-month period described under
subparagraph (A) to meet the minimum simple leverage
ratio, or the organization's election under section
18(aa)(1)(B) of the Federal Deposit Insurance Act shall
be terminated.
(C) Definitions.--For purposes of this paragraph:
(i) Minimum simple leverage ratio.--The
term ``minimum simple leverage ratio'' means
the minimum simple leverage ratio established
under section 18(aa)(1)(A) of the Federal
Deposit Insurance Act.
(ii) Other terms.--The terms ``simple
leverage ratio'' and ``traditional banking
organization'' have the meaning given those
terms, respectively, under section 18(aa)(3) of
the Federal Deposit Insurance Act.
(b) Short Form Call Report.--Section 7(a) of the Federal Deposit
Insurance Act (12 U.S.C. 1817(a)) is amended by adding at the end the
following:
``(12) Short form reporting.--The appropriate Federal
banking agencies shall issue regulations allowing for a reduced
reporting requirement for a traditional banking organization
that elects to maintain a simple leverage ratio as its sole
measure of capital adequacy pursuant to section 18(aa).''.
(c) On-Site Examinations.--Section 10(d) of the Federal Deposit
Insurance Act (12 U.S.C. 1820(d)) is amended--
(1) in paragraph (4)--
(A) in the paragraph heading, by inserting ``and
traditional banking organizations'' after ``certain
small institutions'';
(B) in subparagraph (A), by inserting ``or is a
traditional banking organization defined in section
18(aa)(3)'' after ``$1,000,000,000'';
(C) by striking subparagraph (B) and redesignating
subparagraphs (C) through (E) as subparagraphs (B)
through (D), respectively;
(D) in subparagraph (B) (as so redesignated), by
striking ``condition'' and all that follows through
``$200,000,000'' and inserting ``condition was found to
be outstanding or good'';
(E) in subparagraph (C) (as so redesignated), by
striking ``and'' at the end;
(F) in subparagraph (D) (as so redesignated), by
striking the period at the end and inserting ``; and'';
and
(G) by adding at the end the following new
subparagraph:
``(E) the appropriate Federal banking agency
believes the 18-month period is consistent with the
safety and soundness of the banking organization.'';
and
(2) by striking paragraph (10).
(d) Stress Testing.--Section 165(i)(2)(A) of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5365(i)(2)(A)) is
amended by inserting ``, unless such companies are traditional banking
organizations (as defined in section 18(aa)(3) of the Federal Deposit
Insurance Act)'' after ``annual stress tests''.
(e) Technical Amendment.--Section 18 of the Federal Deposit
Insurance Act (12 U.S.C. 1828) is amended by moving subsection (y) so
as to appear above subsection (z). | Traditional Banking Regulatory Relief Act of 2015 This bill amends the Federal Deposit Insurance Act (FDIA) to prescribe capital requirements for traditional banking organizations (TBOs) at a minimum simple leverage ratio of no less than 10%. A TBO is any bank holding company, savings and loan holding company, bank, or savings association that individually (and when including its parent, subsidiaries, and affiliates) meets the following criteria: has zero trading assets and zero trading liabilities, does not engage in swaps or security-based swaps other than those referencing interest rates or foreign exchange swaps, and has a total gross notional exposure of swaps and security-based swaps of not more than $3 billion. "Simple leverage ratio" means: total equity less goodwill and deferred tax assets, divided by total assets less goodwill and deferred tax assets, as measured by generally accepted accounting principles. A TBO meeting this minimum simple leverage ratio may notify the federal banking agencies to maintain it as the sole measure of its capital adequacy. The risk-based capital requirement shall not apply to it. If the TBO fails to maintain the minimum simple leverage ratio, it shall remain exempt from the risk-based capital requirement for an 18-month grace period. The bill grants a TBO with a simple leverage ratio of 8% or more a phase-in period of 18 months after enactment of this bill within which to elect to meet the minimum simple leverage ratio as its sole measure of capital adequacy. The federal banking agencies, with respect to reports of condition, shall permit a reduced reporting requirement for a TBO electing to maintain a simple leverage ratio as its sole measure of capital adequacy. The 18-month on-site examination cycle shall apply to TBOs (and, as under current law, to insured depository institutions whose assets total less than $1 billion) if the appropriate federal banking agency believes this is consistent with the TBO's safety and soundness. The bill repeals the authority of federal banking agencies, at their discretion, to increase the maximum asset amount of insured depository institutions for certain purposes. The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended to exempt TBOs from mandatory annual stress tests. | {"src": "billsum_train", "title": "Traditional Banking Regulatory Relief Act of 2015"} | 1,807 | 491 | 0.619475 | 2.14775 | 0.75494 | 3.43287 | 3.601852 | 0.849537 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breastfeeding Promotion Act of
2007''.
TITLE I--AMENDMENTS TO THE CIVIL RIGHTS ACT OF 1964
SEC. 101. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Women with infants and toddlers are a rapidly growing
segment of the labor force today.
(2) Statistical surveys of families show that over 50
percent of mothers with children less than 1 year of age are in
the labor force.
(3) The American Academy of Pediatrics recommends that
mothers breastfeed exclusively for six months but continuing
for at least the 1st year of a child's life and that
arrangements be made to allow a mother's expressing of milk if
mother and child must separate.
(4) Research studies show that children who are not
breastfed have higher rates of mortality, meningitis, some
types of cancers, asthma and other respiratory illnesses,
bacterial and viral infections, diarrhoeal diseases, ear
infections, allergies, and obesity.
(5) Research studies have also shown that breastmilk and
breastfeeding have protective effects against the development
of a number of chronic diseases, including juvenile diabetes,
lymphomas, Crohn's disease, celiac disease, some chronic liver
diseases, and ulcerative colitis.
(6) Maternal benefits of breastfeeding include a reduced
risk for postpartum hemorrhage and decreased risk for
developing osteoporosis, ovarian cancer, and premenopausal
breast cancer.
(7) The health benefits to children from breastfeeding
translate into a threefold decrease in parental absenteeism due
to infant illness.
(8) Congress intended to include breastfeeding and
expressing breast milk as protected conduct under the amendment
made by the Pregnancy Discrimination Act of 1978 to title VII
of the Civil Rights Act of 1964.
(9) Although title VII of the Civil Rights Act of 1964, as
so amended, applies with respect to ``pregnancy, childbirth, or
related medical conditions'', a few courts have failed to reach
the conclusion that breastfeeding and expressing breast milk in
the workplace are covered by such title.
(b) Purposes.--The purposes of this title are--
(1) to promote the health and well-being of infants whose
mothers return to the workplace after childbirth, and
(2) to clarify that breastfeeding and expressing breast
milk in the workplace are protected conduct under the amendment
made by the Pregnancy Discrimination Act of 1978 to title VII
of the Civil Rights Act of 1964.
SEC. 102. AMENDMENTS TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k))
is amended--
(1) by inserting ``(including lactation)'' after
``childbirth'', and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `lactation' means a condition that
may result in the feeding of a child directly from the breast
or the expressing of milk from the breast.''.
TITLE II--CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE
ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR
EXPRESS MILK FOR THEIR CHILDREN
SEC. 201. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING
APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED
MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN.
(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. 45O. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE
EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR
CHILDREN.
``(a) In General.--For purposes of section 38, the breastfeeding
promotion and support credit determined under this section for the
taxable year is an amount equal to 50 percent of the qualified
breastfeeding promotion and support expenditures of the taxpayer for
such taxable year.
``(b) Dollar Limitation.--The credit allowable under subsection (a)
for any taxable year shall not exceed $10,000.
``(c) Qualified Breastfeeding Promotion and Support Expenditure.--
For purposes of this section--
``(1) In general.--The term `qualified breastfeeding
promotion and support expenditure' means any amount paid or
incurred in connection with a trade or business of the
taxpayer--
``(A) for breast pumps and other equipment
specially designed to assist mothers who are employees
of the taxpayer to breastfeed or express milk for their
children but only if such pumps and equipment meet such
standards (if any) prescribed by the Secretary of
Health and Human Services, and
``(B) for consultation services to the taxpayer or
employees of the taxpayer relating to breastfeeding.
``(2) Costs of other exclusive use property included.--Such
term includes any amount paid or incurred for the acquisition
or lease of tangible personal property (not described in
paragraph (1)(A)) which is exclusively used by mothers who are
employees of the taxpayer to breastfeed or express milk for
their children unless such property is located in any residence
of the taxpayer or any employee of the taxpayer.
``(d) Recapture of Credit.--
``(1) In general.--If, during any taxable year, any
property for which a credit was allowed under this section is
disposed of or otherwise ceases to be used by the taxpayer as
required by this section, then the tax of the taxpayer under
this chapter for such taxable year shall be increased by an
amount equal to the recapture percentage of the aggregate
decrease in the credits allowed under section 38 for all prior
taxable years which would have resulted solely from reducing to
zero any credit determined under this section with respect to
such property. The preceding sentence shall not apply to
property leased to the taxpayer.
``(2) Recapture percentage.--For purposes of this
subsection, the recapture percentage shall be determined in
accordance with the following table:
The
recapture
If the recapture event occurs in: percentage
is:
Year 1..................................................... 100
Year 2..................................................... 60
Year 3..................................................... 30
Year 4 or thereafter....................................... 0.
The references to years in the preceding table are references
to the consecutive taxable years beginning with the taxable
year in which the property is placed in service by the taxpayer
as year 1.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3) and (4), and subparagraphs (B) and (C) of
paragraph (5), of section 50(a) shall apply for purposes of
this subsection.
``(e) Special Rules.--For purposes of this section--
``(1) Aggregation rules.--For purposes of subsection (b),
all persons which are treated as a single employer under
subsection (a) or (b) of section 52 shall be treated as a
single taxpayer, and the dollar amount contained in such
subsection shall be allocated among such persons under
regulations prescribed by the Secretary.
``(2) Reduction in basis.--Rules similar to the rules of
paragraphs (1) and (2) of section 50(c), and section
1016(a)(19), shall apply with respect to property for which a
credit is determined under this section.
``(3) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to any expenditure for which a credit is determined
under this section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(32) the breastfeeding promotion and support credit
determined under section 45O(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45O. Credit for employer expenses incurred to facilitate
employed mothers who breastfeed or express
milk for their children.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
TITLE III--SAFE AND EFFECTIVE BREAST PUMPS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Safe and Effective Breast Pumps
Act''.
SEC. 302. BREAST PUMPS.
(a) Performance Standards.--The Secretary of Health and Human
Services shall take such action as may be appropriate to put into
effect a performance standard for breast pumps irrespective of the
class to which the breast pumps have been classified under section 513
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In
establishing such standard, the Secretary shall identify those pumps
appropriate for use on a regular basis in a place of employment based
on the efficiency and effectiveness of the pump and on sanitation
factors related to communal use. Action to put into effect a
performance standard shall be taken within one year of the date of the
enactment of this Act.
(b) Compliance Policy Guide.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall
issue a compliance policy guide which will assure that women who want
to breastfeed a child are given full and complete information
respecting breast pumps.
TITLE IV--DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED
TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES
SEC. 401. DEFINITION OF MEDICAL CARE EXPANDED TO INCLUDE BREASTFEEDING
EQUIPMENT AND SERVICES.
(a) In General.--Paragraph (1) of section 213(d) of the Internal
Revenue Code of 1986 (defining medical care) 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 inserting after
subparagraph (D) the following:
``(E) qualified breastfeeding equipment and
services.''.
(b) Qualified Breastfeeding Equipment and Services.--Subsection (d)
of section 213 of such Code (relating to definitions) is amended by
adding at the end the following new paragraph:
``(12) Qualified breastfeeding equipment and services.--For
purposes of paragraph (1)(E), the term `qualified breastfeeding
equipment and services' means--
``(A) breast pumps and other equipment specially
designed to assist a mother to breastfeed or express
milk for her child but only if such pumps and equipment
meet the standards (if any) prescribed by the Secretary
of Health and Human Services, and
``(B) consultation services relating to
breastfeeding.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Breastfeeding Promotion Act of 2007 - Amends the Civil Rights Act of 1964 to include lactation (breastfeeding, including expression of milk) as protected conduct under such Act. Amends the Internal Revenue Code to allow employers a business tax credit for breast pumps and other equipment to assist employed mothers to breastfeed or express milk for their children and for consultation services relating to breastfeeding. Safe and Effective Breast Pumps Act - Directs the Secretary of Health and Human Services to: (1) put into effect a performance standard for breast pumps irrespective of the class to which the breast pumps have been classified under the Federal Food, Drug, and Cosmetic Act; and (2) issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information respecting breast pumps. Expands the definition of medical care in the Internal Revenue Code for purposes of the tax deduction for medical expenses to include qualified breastfeeding equipment and services. | {"src": "billsum_train", "title": "To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers; to provide for a performance standard for breast pumps; and to provide tax incentives to encourage breastfeeding."} | 2,580 | 202 | 0.498303 | 1.4461 | 0.701092 | 5.067039 | 12.424581 | 0.96648 |
SECTION 1. LOAN FORGIVENESS FOR HEAD START TEACHERS.
(a) Short Title.--This section may be cited as the ``Loan
Forgiveness for Head Start Teachers Act of 2007''.
(b) Head Start Teachers.--Section 428J of the Higher Education Act
of 1965 (20 U.S.C 1078-10) is amended--
(1) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1)(A) has been employed--
``(i) as a full-time teacher for 5 consecutive
complete school years in a school that qualifies under
section 465(a)(2)(A) for loan cancellation for Perkins
loan recipients who teach in such a school; or
``(ii) as a Head Start teacher for 5 consecutive
complete program years under the Head Start Act; and
``(B)(i) if employed as an elementary school or secondary
school teacher, is highly qualified as defined in section 9101
of the Elementary and Secondary Education Act of 1965, or meets
the requirements of subsection (g)(3); and
``(ii) if employed as a Head Start teacher, has
demonstrated knowledge and teaching skills in reading, writing,
early childhood development, and other areas of a preschool
curriculum, with a focus on cognitive learning; and'';
(2) in subsection (g), by adding at the end the following:
``(4) Head start.--An individual shall be eligible for loan
forgiveness under this section for service described in clause
(ii) of subsection (b)(1)(A) only if such individual received a
baccalaureate or graduate degree on or after the date of
enactment of the Loan Forgiveness for Head Start Teachers Act
of 2007.''; and
(3) by adding at the end the following:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal year 2011 and
succeeding fiscal years to carry out loan repayment under this section
for service described in clause (ii) of subsection (b)(1)(A).''.
(c) Direct Student Loan Forgiveness.--
(1) In general.--Section 460 of the Higher Education Act of
1965 (20 U.S.C. 1087j) is amended--
(A) in subsection (b)(1), by striking subparagraph
(A) and inserting the following:
``(A)(i) has been employed--
``(I) as a full-time teacher for 5
consecutive complete school years in a school
that qualifies under section 465(a)(2)(A) for
loan cancellation for Perkins loan recipients
who teach in such a school; or
``(II) as a Head Start teacher for 5
consecutive complete program years under the
Head Start Act; and
``(ii)(I) if employed as an elementary school or
secondary school teacher, is highly qualified as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965, or meets the requirements of
subsection (g)(3); and
``(II) if employed as a Head Start teacher, has
demonstrated knowledge and teaching skills in reading,
writing, early childhood development, and other areas
of a preschool curriculum, with a focus on cognitive
learning; and'';
(B) in subsection (g), by adding at the end the
following:
``(4) Head start.--An individual shall be eligible for loan
forgiveness under this section for service described in
subclause (II) of subsection (b)(l)(A)(i) only if such
individual received a baccalaureate or graduate degree on or
after the date of enactment of the Loan Forgiveness for Head
Start Teachers Act of 2007.''; and
(C) by adding at the end the following:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal year 2011 and
succeeding fiscal years to carry out loan repayment under this section
for service described in subclause (II) of subsection (b)(1)(A)(i).''.
(d) Conforming Amendments.--
(1) FFEL program.--Section 428J of the Higher Education Act
of 1965 (20 U.S.C. 1078-10) is amended--
(A) in subsection (c)(1), by inserting ``or fifth
complete program year'' after ``fifth complete school
year of teaching'';
(B) in subsection (f), by striking ``subsection
(b)'' and inserting ``subsection (b)(1)(A)(i)'';
(C) in subsection (g)(1)(A), by striking
``subsection (b)(1)(A)'' and inserting ``subsection
(b)(1)(A)(i)''; and
(D) in subsection (h), by inserting ``except as
part of the term `program year','' before ``where''.
(2) Direct loan program.--Section 460 of the Higher
Education Act of 1965 (20 U.S.C. 1087j) is amended--
(A) in subsection (c)(1), by inserting ``or fifth
complete program year'' after ``fifth complete school
year of teaching'';
(B) in subsection (f), by striking ``subsection
(b)'' and inserting ``subsection (b)(1)(A)(i)(I)'';
(C) in subsection (g)(1)(A), by striking
``subsection (b)(1)(A)'' and inserting ``subsection
(b)(1)(A)(i)(I)''; and
(D) in subsection (h), by inserting ``except as
part of the term `program year','' before ``where''. | Loan Forgiveness for Head Start Teachers Act of 2007 - Amends the Higher Education Act of 1965 to require the Secretary of Education to assume or cancel loans made under the Federal Family Education Loan or the Direct Loan programs to individuals who have been employed as Head Start teachers for five consecutive complete program years, if they have demonstrated knowledge and teaching skills in reading, writing, early childhood development, and other areas of a preschool curriculum, with a focus on cognitive learning.
Limits the benefits of this Act to individuals who earn a baccalaureate or graduate degree on or after the date of this Act's enactment. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to extend loan forgiveness for certain loans to Head Start teachers."} | 1,328 | 135 | 0.628762 | 1.637917 | 0.695227 | 4.077586 | 9.577586 | 0.818966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Management Improvement Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Categorical exclusion.--The term ``categorical
exclusion'' means an exclusion from the requirement to prepare
an environmental assessment or an environmental impact
statement under section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) for a category of forest
management activities.
(2) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary on National Forest System land.
(3) Forest plan.--The term ``forest plan'' means a land and
resource management plan prepared by the Forest Service in
accordance with section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(4) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
SEC. 3. CATEGORICAL EXCLUSIONS.
(a) Establishment of Categorical Exclusions.--
(1) Early seral habitat creation.--A categorical exclusion
is available to the Secretary to conduct a forest management
activity the purpose of which is the creation of an early seral
habitat forest.
(2) Wildlife habitat improvement.--A categorical exclusion
is available to the Secretary to conduct a forest management
activity the purpose of which is the improvement of wildlife
habitat.
(3) Forest thinning.--A categorical exclusion is available
to the Secretary to conduct a forest management activity the
purpose of which is commercial thinning of forest stands on
suited timberland, including--
(A) the incidental removal of trees for landings,
skid trails, and road clearing; and
(B) the construction of a temporary road that is
not longer than 1 mile to carry out that commercial
thinning.
(4) Salvage of dead and dying trees.--A categorical
exclusion is available to the Secretary to conduct a forest
management activity the purpose of which is the salvage of
trees that are dead, dying, or both, and were damaged by wind,
an ice storm, fire, or another event, including--
(A) the incidental removal of trees for landings,
skid trails, and road clearing; and
(B) the construction of a temporary road that is
not longer than 1 mile to carry out that salvage of
trees.
(b) Acreage Limitations.--Forest management activities using the
categorical exclusions under each of paragraphs (1) through (4) of
subsection (a) may be conducted on not more than 10,000 acres of
National Forest System land for each categorical exclusion.
(c) Extraordinary Circumstances.--The Secretary may apply the
extraordinary circumstances procedures under section 220.6 of title 36,
Code of Federal Regulations (or successor regulations), in determining
whether to use a categorical exclusion under subsection (a).
(d) Consistency.--In carrying out forest management activities
using the categorical exclusions under subsection (a), the Secretary
shall ensure that the forest management activities are consistent with
the applicable forest plans.
(e) Cumulative Impacts.--The Secretary shall not be required to
conduct a cumulative impact analysis in an environmental document
prepared under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for a forest management activity carried out using a
categorical exclusion made available to the Secretary under subsection
(a) or any other provision of law (including regulations).
(f) Expansion of Categorical Exclusion for Insect and Disease
Infestation.--
(1) Permanent authority.--Section 602(f) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(f)) is amended
by striking ``each of fiscal years 2014 through 2024.'' and
inserting ``each fiscal year.''.
(2) Administrative review.--Section 603 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591b) is amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``described in subsection
(b)'';
(B) by striking subsection (b);
(C) by redesignating subsections (c) through (g) as
subsections (b) through (f), respectively; and
(D) in subsection (b) (as so redesignated)--
(i) in paragraph (1), by striking ``3000''
and inserting ``10,000''; and
(ii) in paragraph (2), by striking ``shall
be'' in the matter preceding subparagraph (A)
and all that follows through the period at the
end of subparagraph (B) and inserting ``may be
carried out in any area designated under
section 602(b), including areas in Fire Regime
Groups IV and V.''.
SEC. 4. EXPEDITED ENVIRONMENTAL REVIEW.
(a) Environmental Impact Statements.--In an environmental impact
statement prepared pursuant to section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest
management activity, the Secretary shall be required to study, develop,
and describe only the following 2 alternatives:
(1) The forest management activity.
(2) The alternative of no action.
(b) Environmental Assessments.--In an environmental assessment
prepared pursuant to section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest management
activity, the Secretary shall not be required to study, develop, and
describe the alternative of no action.
SEC. 5. GOOD NEIGHBOR AUTHORITY.
(a) In General.--Section 8206(a)(3)(B)(i) of the Agricultural Act
of 2014 (16 U.S.C. 2113a(a)(3)(B)(i)) is amended by striking ``or
permanent''.
(b) Repeal.--Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note) is
repealed.
SEC. 6. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
Section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c) is amended--
(1) in subsection (c), by adding at the end the following:
``(8) Retention of existing wood products
infrastructure.'';
(2) in subsection (d)(1), by inserting ``, or lowest-cost-
technically-acceptable,'' after ``best-value''; and
(3) in subsection (e)(2)(A), by inserting ``, subject to
the condition that 25 percent of the gross receipts shall be
disbursed to the county in which the project site is located''
before ``; and''.
SEC. 7. LITIGATION RELIEF.
Section 106 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6516) is amended--
(1) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definition of Covered Project.--In this section, the term
`covered project' means--
``(1) with respect to a project on land of the National
Forest System described in section 3(1)(A), any vegetation
management project carried out by the Secretary of Agriculture,
except on land on which vegetation management is prohibited by
law or the applicable land and resource management plan
described in section 101(13)(A); and
``(2) with respect to public lands described in section
3(1)(B), an authorized hazardous fuels reduction project
conducted under this title.'';
(3) in subsection (b) (as so redesignated)--
(A) by striking ``an authorized hazardous fuels
reduction project conducted under this title'' and
inserting ``a covered project''; and
(B) by striking ``the authorized hazardous fuels
reduction project'' and inserting ``the covered
project'';
(4) in subsection (c) (as so redesignated), by striking
``subsection (a)'' and inserting ``subsection (b)'';
(5) in subsection (d) (as so redesignated)--
(A) in paragraph (1), by striking ``an authorized
hazardous fuel reduction project carried out under this
title'' and inserting ``a covered project'';
(B) in paragraph (2)(B), by striking ``authorized
hazardous fuel reduction project'' and inserting
``covered project''; and
(C) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``an authorized hazardous
fuel reduction project'' and inserting ``a covered
project''; and
(6) by adding at the end the following:
``(e) Forest Service Pilot Arbitration Program.--
``(1) Establishment.--
``(A) In general.--The Secretary of Agriculture
(referred to in this subsection as the `Secretary')
shall establish within the Forest Service a pilot
arbitration program (referred to in this subsection as
the `program') to designate any of the projects
described in paragraph (2) for an alternative dispute
resolution procedure to replace judicial review of the
projects.
``(B) Designation process and arbitration
procedure.--The Secretary shall--
``(i) establish a process for the
designation of projects and an alternative
dispute resolution procedure for the program in
accordance with this subsection; and
``(ii) publish in the Federal Register the
process and procedure described in clause (i).
``(2) Description of projects.--The Secretary may designate
for the program projects for--
``(A) vegetation management;
``(B) forest thinning;
``(C) hazardous fuels reduction; and
``(D) any other project, as determined by the
Secretary.
``(f) Costs and Fees.--
``(1) In general.--In awarding fees or other expenses under
section 2412 of title 28, United States Code, for a civil
action relating to a covered project, the court shall--
``(A) restrict the award to reasonable hourly
reimbursements; and
``(B) ensure that the award is not granted to--
``(i) a party other than a prevailing
party; or
``(ii) a person that has substantial
financial resources.
``(2) Regulations.--The Secretary shall promulgate
regulations for what constitutes--
``(A) reasonable hourly reimbursements under
paragraph (1)(A); and
``(B) substantial financial resources under
paragraph (1)(B)(ii).''. | Forest Management Improvement Act of 2017 This bill makes categorical exclusions, from requirements under the National Environmental Policy Act of 1969 (NEPA) to conduct environmental assessment and environmental impact statements, available to the Forest Service to conduct forest management activities on up to 10,000 acres of National Forest System land for each exclusion to: create early seral habitat forests; improve wildlife habitats; commercially thin forest stands on suited timberlands; and salvage trees that are dead and/or dying and were damaged by such events as wind, fire, or construction. For a forest management activity, the Forest Service: in an NEPA-prepared environmental impact statement, shall study, develop, and describe only the activity and the alternative of no action; and in an NEPA-prepared environmental assessment, shall not be required to study, develop, and describe the alternative of no action. The bill makes permanent the authority to designate, at state request, treatment areas in national forests that are experiencing an insect or disease epidemic. The bill revises authorities for watershed restoration and protection services. The Department of Agriculture shall establish a pilot arbitration program under which specified forest management projects challenged in a civil action may be designated for an alternative dispute resolution procedure instead of judicial review. | {"src": "billsum_train", "title": "Forest Management Improvement Act of 2017"} | 2,510 | 258 | 0.599689 | 1.664274 | 0.907573 | 2.690083 | 9.082645 | 0.830579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security and Freedom Ensured Act of
2003'' or the ``SAFE Act''.
SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
Section 105(c) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(c)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A)(i) the identity of the target of electronic
surveillance, if known; or
``(ii) if the identity of the target is not known,
a description of the target and the nature and location
of the facilities and places at which the electronic
surveillance will be directed;
``(B)(i) the nature and location of each of the
facilities or places at which the electronic
surveillance will be directed, if known; and
``(ii) if any of the facilities or places are
unknown, the identity of the target;''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (B) through (D)
as subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A), the
following:
``(B) in cases where the facility or place at which
the surveillance will be directed is not known at the
time the order is issued, that the surveillance be
conducted only when the presence of the target at a
particular facility or place is ascertained by the
person conducting the surveillance;''.
SEC. 3. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS.
(a) In General.--Section 3103a of title 18, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``may have an
adverse result (as defined in section 2705)'' and
inserting ``will--
``(A) endanger the life or physical safety of an
individual;
``(B) result in flight from prosecution; or
``(C) result in the destruction of, or tampering
with, the evidence sought under the warrant''; and
(B) in paragraph (3), by striking ``within a
reasonable period'' and all that follows and inserting
``not later than 7 days after the execution of the
warrant, which period may be extended by the court for
an additional period of not more than 7 days each time
the court finds reasonable cause to believe, pursuant
to a request by the Attorney General, the Deputy
Attorney General, or an Associate Attorney General,
that notice of the execution of the warrant will--
``(A) endanger the life or physical safety of an
individual;
``(B) result in flight from prosecution; or
``(C) result in the destruction of, or tampering
with, the evidence sought under the warrant.''; and
(2) by adding at the end the following:
``(c) Reports.--
``(1) In general.--Every 6 months, the Attorney General
shall submit a report to Congress summarizing, with respect to
warrants under subsection (b), the requests made by the
Department of Justice for delays of notice and extensions of
delays of notice during the previous 6-month period.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for the preceding 6-month period--
``(A) the number of requests for delays of notice
with respect to warrants under subsection (b),
categorized as granted, denied, or pending; and
``(B) for each request for delayed notice that was
granted, the number of requests for extensions of the
delay of notice, categorized as granted, denied, or
pending.
``(3) Public availability.--The Attorney General shall make
the report submitted under paragraph (1) available to the
public.''.
(b) Sunset Provision.--
(1) In general.--Subsections (b) and (c) of section 3103a
of title 18, United States Code, shall cease to have effect on
December 31, 2005.
(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on which
the provisions referred to in paragraph (1) cease to have
effect, or with respect to any particular offense or potential
offense that began or occurred before the date on which the
provisions referred to in paragraph (1) cease to have effect,
such provisions shall continue in effect.
SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOKSELLER, AND OTHER PERSONAL
RECORDS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.
(a) Applications for Orders.--Section 501(b)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is
amended--
(1) by striking ``shall specify that the records'' and
inserting ``shall specify that--
``(A) the records''; and
(2) by striking the period at the end and inserting the
following: ``; and
``(B) there are specific and articulable facts
giving reason to believe that the person to whom the
records pertain is a foreign power or an agent of a
foreign power.''.
(b) Orders.--Section 501(c)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(c)(1)) is amended by striking
``finds that'' and all that follows and inserting ``finds that--
``(A) there are specific and articulable facts
giving reason to believe that the person to whom the
records pertain is a foreign power or an agent of a
foreign power; and
``(B) the application meets the other requirements
of this section.''.
(c) Oversight of Requests for Production of Records.--Section
502(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1862) is amended to read as follows:
``(a) On a semiannual basis, the Attorney General shall, with
respect to all requests for the production of tangible things under
section 501, fully inform--
``(1) the Select Committee on Intelligence of the Senate;
``(2) the Committee on the Judiciary of the Senate;
``(3) the Permanent Select Committee on Intelligence of the
House of Representatives; and
``(4) the Committee on the Judiciary of the House of
Representatives.''.
SEC. 5. PRIVACY PROTECTIONS FOR COMPUTER USERS AT LIBRARIES UNDER
NATIONAL SECURITY AUTHORITY.
Section 2709 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``A wire'' and inserting the
following:
``(1) In general.--A wire''; and
(B) by adding at the end the following:
``(2) Exception.--A library shall not be treated as a wire
or electronic communication service provider for purposes of
this section.''; and
(2) by adding at the end the following:
``(f) Defined Term.--In this section, the term `library' means a
library (as that term is defined in section 213(2) of the Library
Services and Technology Act (20 U.S.C. 9122(2)) whose services include
access to the Internet, books, journals, magazines, newspapers, or
other similar forms of communication in print or digitally to patrons
for their use, review, examination, or circulation.''.
SEC. 6. EXTENSION OF PATRIOT SUNSET PROVISION.
Section 224(a) of the USA PATRIOT ACT (18 U.S.C. 2510 note) is
amended--
(1) by striking ``213, 216, 219,''; and
(2) by inserting ``and section 505'' after ``by those
sections)''. | Security and Freedom Ensured Act of 2003 (SAFE Act) - Amends the USA PATRIOT Act to modify provisions regarding roving wiretaps under the Foreign Intelligence Surveillance Act of 1978 (FISA) to require that: (1) an order approving an electronic surveillance specify either the identity of the target or the place to be wiretapped; and (2) surveillance be conducted only when the suspect is present at the place to be wiretapped.
Revises provisions governing search warrants authorized under the USA PATRIOT ACT to: (1) limit the authority to delay notice of the issuance of such a search warrant to circumstances where providing immediate notice of the warrant will endanger the life or physical safety of an individual, result in flight from prosecution, or result in the destruction of or tampering with the evidence sought under the warrant; and (2) require such delayed notification to be issued not later than seven days (currently, within a "reasonable period") after execution, with extensions by the court for additional periods of up to seven days each time that the court finds reasonable cause to believe that notice of the execution of the warrant would have such consequences. Requires the Attorney General, every six months, to report to Congress summarizing the requests made by the Department of Justice for delays of notice and extensions of delays. Sunsets the delayed notice authority and reporting requirement on December 31, 2005.
Amends FISA to require, with respect to access by the Federal Bureau of Investigation to business records for foreign intelligence and international terrorism investigations, that there be specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent thereof.
Provides that libraries shall not be treated as wire or electronic communication service providers under provisions granting counterintelligence access to provider subscriber information, toll billing records information, or electronic communication transactional records. | {"src": "billsum_train", "title": "A bill to amend the USA PATRIOT ACT to place reasonable limitations on the use of surveillance and the issuance of search warrants, and for other purposes."} | 1,844 | 403 | 0.573449 | 1.805805 | 0.75779 | 3.214085 | 4.588732 | 0.83662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Academy Nominations Act
of 2016''.
SEC. 2. NOMINATION AND APPOINTMENT OF COAST GUARD ACADEMY CADETS.
(a) In General.--Chapter 9 of title 14, United States Code, is
amended--
(1) in section 182--
(A) by striking the section heading and inserting
the following:
``Sec. 182. Regulations governing cadets'';
(B) in subsection (a)--
(i) by striking so much as precedes the
second sentence; and
(ii) by striking the last two sentences;
and
(C) by striking subsections (b) through (g);
(2) by inserting after section 182 the following:
``Sec. 182a. Corps of Cadets authorized strength
``The authorized strength of the Corps of Cadets at the Coast Guard
Academy--
``(1) is 1,000, or a lower number prescribed by the
Secretary, excluding foreign nationals admitted for instruction
pursuant to section 182d; and
``(2) shall be determined for any academic program year as
of the first day of such academic program year.
``Sec. 182b. Nominations
``(a) Each Senator, each Member of the House of Representatives,
each of the delegates to the House of Representatives from the District
of Columbia, the Virgin Islands, Guam, the Northern Mariana Islands,
and American Samoa, and the Resident Commissioner to the United States
from Puerto Rico, may nominate to the Secretary each year for
appointment as cadets in the Corps of Cadets at the Coast Guard Academy
up to 10 individuals who are--
``(1) citizens or nationals of the United States; and
``(2) residents of the jurisdiction the nominator
represents in Congress.
``(b) A nominator under subsection (a) may submit such
nominations--
``(1) without ranking; or
``(2) with specification of--
``(A) a principal nominee; and
``(B) up to 9 ranked or unranked alternates.
``(c) A nominee under this section who is not appointed under
section 182c(a) shall, for purposes of section 182c(c), be considered
an alternate referred to in section 182c(c)(1).
``Sec. 182c. Appointments
``(a) The Commandant shall appoint cadets to the Corps of Cadets at
the Coast Guard Academy.
``(b) The Commandant may only appoint as cadets individuals who--
``(1) are citizens or nationals of the United States; and
``(2)(A) are nominated pursuant to section 182b;
``(B) apply directly for admission; or
``(C) are enlisted members of the Coast Guard or the Coast
Guard Reserve.
``(c) To the greatest extent practicable, when making appointments
under subsection (a), the Commandant shall ensure the Corps of Cadets
includes--
``(1) not fewer than one cadet nominated by each Senator
who nominated a cadet who was otherwise eligible for
appointment and accepted an appointment;
``(2) not fewer than one cadet nominated by each Member of
the House of Representatives who nominated a cadet who was
otherwise eligible for appointment and accepted an appointment;
and
``(3) not fewer than one cadet nominated by each of the
Delegate to the House of Representatives from the District of
Columbia, the Delegate in Congress from the United States
Virgin Islands, the Resident Commissioner from Puerto Rico, the
Delegate in Congress from Guam, the Delegate in Congress from
American Samoa, or the Resident Representative from the
Commonwealth of the Northern Mariana Islands who nominated a
cadet who was otherwise eligible for appointment and accepted
an appointment.'';
(3) by redesignating section 195 as section 182d of such
chapter, and transferring such section so as to appear after
section 182c (as added by paragraph (1) of this subsection);
and
(4) by inserting after section 182d (as redesignated and
transferred by paragraph (2) of this subsection) the following:
``Sec. 182e. Conduct
``(a) The Secretary may summarily dismiss from the Coast Guard any
cadet at the Coast Guard Academy who, during his or her cadetship, is
found unsatisfactory in either studies or conduct, or is considered by
the Secretary to be not suitable for a career in the Coast Guard.
``(b) Cadets shall be subject to rules governing discipline and
conduct that are prescribed by the Commandant.
``Sec. 182f. Agreement
``(a) As a condition for appointment as a cadet at the Coast Guard
Academy, the Secretary shall require that each cadet shall sign an
agreement with respect to the cadet's length of service in the Coast
Guard. The agreement shall provide that the cadet agrees to the
following:
``(1) The cadet will complete the course of instruction at
the Academy.
``(2) Upon graduation from the Academy the cadet--
``(A) will accept an appointment, if tendered, as a
commissioned officer of the Coast Guard; and
``(B) will serve on active duty for at least five
years immediately after such appointment.
``(3) If an appointment described in paragraph (2) is not
tendered or if the cadet is permitted to resign as a regular
officer before the completion of the commissioned service
obligation of the cadet, the cadet--
``(A) will accept an appointment as a commissioned
officer in the Coast Guard Reserve; and
``(B) will remain in that reserve component until
completion of the commissioned service obligation of
the cadet.
``(b)(1) The Secretary may transfer to the Coast Guard Reserve, and
may order to active duty for such period of time as the Secretary
prescribes (but not to exceed four years), a cadet who breaches an
agreement under subsection (a). The period of time for which a cadet is
ordered to active duty under this paragraph may be determined without
regard to section 651(a) of title 10.
``(2) A cadet who is transferred to the Coast Guard Reserve under
paragraph (1) shall be transferred in an appropriate enlisted grade or
rating, as determined by the Secretary.
``(3) For purposes of paragraph (1), a cadet shall be considered to
have breached an agreement under subsection (a) if the cadet is
separated from the Academy under circumstances that the Secretary
determines constitute a breach by the cadet of the cadet's agreement to
complete the course of instruction at the Academy and accept an
appointment as a commissioned officer upon graduation from the Academy.
``(c) The Secretary shall prescribe regulations to carry out this
section. The regulations shall include--
``(1) standards for determining what constitutes, for the
purpose of subsection (b), a breach of an agreement under
subsection (a);
``(2) procedures for determining whether such a breach has
occurred; and
``(3) standards for determining the period of time for
which a person may be ordered to serve on active duty under
subsection (b).
``(d) In this section, the term `commissioned service obligation',
with respect to an officer who is a graduate of the Academy, means the
period beginning on the date of the officer's appointment as a
commissioned officer and ending on the sixth anniversary of such
appointment or, at the discretion of the Secretary, any later date up
to the eighth anniversary of such appointment.
``(e)(1) This section does not apply to a foreign national
receiving instruction at the Academy under section 182d.
``(2) In the case of a cadet who is a minor and who has parents or
a guardian, the cadet may sign the agreement required by subsection (a)
only with the consent of the parent or guardian.
``(f) For purposes of section 303a(e) of title 37, failure by a
cadet or former cadet to fulfill the terms of the obligation to serve
as specified under subsection (a), or an alternative obligation imposed
under subsection (b), shall be treated as failure to fulfill an
eligibility requirement.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended--
(1) by striking the item relating to section 182 and
inserting the following:
``182. Regulations governing cadets.
``182a. Corps of Cadets authorized strength.
``182b. Nominations.
``182c. Appointments.
``182d. Admission of foreign nationals for instruction; restrictions;
conditions.
``182e. Conduct.
``182f. Agreement.'';
and
(2) by striking the item relating to section 195.
(c) Transition.--
(1) In general.--Sections 182b and 182c of title 14, United
States Code, as amended by this section, shall apply only with
respect to individuals who will begin at the Coast Guard
Academy in academic program year 2017 or any such year
thereafter, except that--
(A) for academic program year 2017, no less than 18
percent of the individuals appointed to begin at the
Academy in such year shall be appointed from
individuals nominated in accordance with section 182b
of such title;
(B) for academic program year 2018, no less than 36
percent of the individuals appointed to begin at the
Academy in such year shall be appointed from
individuals nominated in accordance with such section;
and
(C) for academic program year 2019, no less than 54
percent of the individuals appointed to begin at the
Academy in such year shall be appointed from
individuals nominated in accordance with such section.
(2) Additional actions.--The Secretary of the department in
which the Coast Guard is operating may take any additional
action the Secretary considers necessary and appropriate to
provide for the transition to the nomination, selection, and
appointment process provided under the amendments made by this
section. | Coast Guard Academy Nominations Act of 2016 This bill amends the laws that govern the U.S. Coast Guard Academy Corps of Cadets. The bill specifies the maximum number of cadets that can be enrolled in the academy in an academic program year. Additionally, the bill describes how individuals may be nominated for appointment in the Corps of Cadets and sets forth guidelines that the Coast Guard must follow when appointing cadets. The bill also sets forth the conditions that cadets must agree with prior to enrollment in the academy, including an obligation to serve in the Coast Guard upon graduation from the academy. | {"src": "billsum_train", "title": "Coast Guard Academy Nominations Act of 2016"} | 2,255 | 138 | 0.545848 | 1.256411 | 0.587468 | 2 | 19.211009 | 0.733945 |
SECTION 1. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(3) Air transportation.--The term ``air transportation''
means foreign air transportation, interstate air
transportation, or the transportation of mail by aircraft.
(4) Aircraft.--The term ``aircraft'' means any contrivance
invented, used, or designed to navigate, or fly in, the air.
(5) Function.--The term ``function'' means any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(6) Office.--The term ``office'' includes any office,
administration, agency, institute, unit, organizational entity,
or component thereof.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 2. REORGANIZATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator, shall reorganize the Federal Aviation Administration in
accordance with this Act.
(b) Transfer of Functions.--In carrying out the reorganization
under this Act, the Secretary shall transfer to another office of the
Department any function of the Administration that is not directly
related to the promotion of air safety.
(c) Use of Funds.--In carrying out the reorganization under this
Act, the Secretary is authorized to use funds made available for the
Administration for the functions transferred to other offices of the
Department under subsection (b)(1) to carry out those functions.
SEC. 3. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--Until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary or other authorized official, a court of
competent jurisdiction, or by operation of law, all orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions shall continue if they are--
(1) issued, made, granted, or allowed to become effective
by the President, any Federal agency or official thereof, or by
a court of competent jurisdiction, in the performance of
functions that are transferred under this Act; and
(2) in effect on the date of enactment of this Act, or were
final before the date of enactment of this Act and are to
become effective on or after such date.
(b) Proceedings Not Affected.--
(1) In general.--The provisions of this Act shall not
affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit, or
financial assistance pending before the Federal Aviation
Administration on the date of enactment of this Act, and those
proceedings and applications shall be continued. Orders shall
be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders,
as if this title had not been enacted, and shall continue in
effect until modified, terminated, superseded, or revoked by a
duly authorized official, by a court of competent jurisdiction,
or by operation of law.
(4) Rule of construction.--Nothing in this subsection may
be construed to prohibit the discontinuance or modification of
any proceeding referred to in paragraph (1) under the same
terms and conditions, and to the same extent, that such
proceeding could have been discontinued if this Act had not
been enacted.
(c) Suits Not Affected.--The provisions of this Act shall not
affect suits commenced before the date of enactment of this Act. In all
such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this Act had
not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Federal Aviation Administration or by and
against any individual in the official capacity of such individual as
an officer of the Federal Aviation Administration, shall abate by
reason of the enactment of this Act.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the Federal Aviation Administration
relating to a function transferred under this title may be continued by
the Department with the same effect as if this title had not been
enacted.
SEC. 4. REFERENCES.
Reference in any other Federal law, Executive order, regulation, or
any document relating to--
(1) the Administrator, with regard to the functions
transferred under section 2, shall be deemed to refer to the
Secretary; and
(2) the Administration, with regard to functions
transferred under section 2, shall be deemed to refer to the
Department.
SEC. 5. RECOMMENDED LEGISLATION.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall prepare and submit to the Congress recommended
legislation containing technical and conforming amendments (including
amendments to subtitle VII of title 49, United States Code) to reflect
the changes made by this Act. | Directs the Secretary of Transportation to reorganize the Federal Aviation Administration (FAA) by transferring to another office of the Department of Transportation any function of the FAA that is not directly related to the promotion of air safety. | {"src": "billsum_train", "title": "A bill to require the Secretary of Transportation to reorganize the Federal Aviation Administration to ensure that the Administration carries out only safety-related functions, and for other purposes."} | 1,174 | 49 | 0.4904 | 1.174236 | 0.691004 | 3.97561 | 25.853659 | 0.902439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sarah Weber Home Infusion Consumer
Protection Act of 1994''.
SEC. 2. LICENSING OF PROVIDERS OF HOME INFUSION THERAPY SERVICES.
(a) Requirement.--No person shall provide (or arrange for the
provision of) home infusion therapy services in a State unless the
person is licensed by the State in accordance with this section to
provide (or arrange for the provision of) such services. No State shall
license such a person unless the State finds that the person meets the
standards for licensing established under this section.
(b) Standards.--
(1) In general.--The Secretary of Health and Human Services
shall establish standards for the licensing of persons
providing (or arranging for the provision of) home infusion
therapy services consistent with this subsection.
(2) Supervision.--A person licensed under this section
shall only provide (or arrange for the provision of) home
infusion therapy services to an individual who is under the
care of a physician and under a plan established and
periodically reviewed by a physician.
(3) Provider qualifications.--A person shall not be
licensed consistent with this section unless the person--
(A) has been determined to be capable of providing,
or arranging for the provision of, home infusion
therapy services;
(B) maintains clinical records on all individuals
for whom the person provides (or arranges for the
provision of) such services;
(C) adheres to written protocols and policies with
respect to the provision (or arrangement for the
provision) of services;
(D) makes services available (as needed) 7 days a
week on a 24-hour basis;
(E) coordinates all home infusion therapy services
with the patient's physician;
(F) conducts a quality assessment and assurance
program, including drug regimen review and coordination
of patient care;
(G) assures that only trained (or licensed if
necessary) personnel provide infusion products (and any
other service for which training is required to safely
provide the service);
(H) assumes responsibility for the quality of
services provided by others under arrangements with
such person;
(I) establishes appropriate protocols and explains
such protocols clearly to patients before the
initiation of a treatment plan; and
(J) meets such other requirements as the Secretary
may determine are necessary (A) to assure the safe and
effective provision of home infusion therapy services,
and (B) respecting the quality of the provision of such
services and the charges for such services.
A protocol referred to in subparagraph (I) shall include a
provision for appropriate notification of individuals receiving
home infusion therapy services in the event of the cancellation
of the provision of those services.
(4) Fee.--A person shall not be licensed consistent with
this section unless the person assures that charges for the
provision of home infusion therapy services by the person (or
under arrangements made by the person) shall not exceed such a
fee as the Secretary by regulation may establish to assure that
the charge for such services is reasonably related to the
services actually provided.
(c) Enforcement.--Compliance with the requirements of subsection
(a) shall be enforced under the Federal Trade Commission Act by the
Secretary of Health and Human Services. A violation of any such
requirement shall constitute an unfair or deceptive act or practice in
commerce in violation of section 5(a) of the Federal Trade Commission
Act and shall be subject to enforcement under section 5(b) of such Act
irrespective of whether the person who committed such violation is
engaged in commerce or meets any other jurisdictional test in such Act.
The Secretary shall have such procedural, investigative, and
enforcement powers in enforcing compliance with such requirements and
may require the filing of reports, the production of documents, and the
appearance of witnesses as though the applicable terms of such Act were
part of this section.
SEC. 3. LIMITATION ON PHYSICIAN REFERRALS.
(a) General Rule.--Except as provided in this section, if a
physician (or an immediate family member of such physician) has a
financial relationship with an entity described in section 1877(a)(2)
of the Social Security Act, then the physician may not make a referral
to the entity for the furnishing of home infusion therapy services.
(b) Incorporation of Medicare Physician Ownership and Referral
Provisions.--The provisions of subsections (b) through (h) of section
1877 of the Social Security Act (other than subsections (f) and (g)(1))
shall apply with respect to subsection (a) of this section in the same
manner as they apply to section 1877(a) of such Act. In applying the
previous sentence, any reference to a ``designated health service'' is
deemed to be a reference to home infusion therapy services.
(c) Additional Exception for Compensation Arrangement for
Management of Patient and Coordination of Care.--In applying subsection
(b), in addition to the exceptions described in section 1877(e) of the
Social Security Act, payment of reasonable compensation to a physician
for the management of patient and coordination of care shall not be
considered to be a compensation arrangement described in section
1877(a)(2)(B) of such Act.
(d) Treatment of Prescription as a Referral.--In applying
subsection (b) and in addition to section 1877(h)(5) of the Social
Security Act, the prescription of a drug to be administered through
home infusion constitutes a ``referral'' by a ``referring physician''.
SEC. 4. HOME INFUSION THERAPY SERVICES DEFINED.
For purposes of this Act, the term ``home infusion therapy
services'' means the nursing, pharmacy, and related services, including
medical supplies, intravenous fluids, delivery, and equipment, required
for the provision of therapeutic agents to patients by parenteral
administration, including intravenous, intra-arterial, subcutaneous,
epidural, intrathecal, intramuscular, and peritoneal infusion, by an
enteral feeding tube for the purpose of improving or maintaining an
individual's health condition in the individual's residence.
SEC. 5. EFFECTIVE DATES.
(a) Licensing Requirement.--
(1) In general.--Except as provided in paragraph (2),
section 3(a) shall apply to home infusion therapy services
provided on or after the first day of the first month that
begins more than 90 days after the date of the enactment of
this Act, without regard to whether or not the Secretary of
Health and Human Services issues final regulations to carry out
such section have been promulgated by such date.
(2) State legislation.--In the case of a State which the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating funds)
in order for the State to provide for the licensing required
under section 3(a), section 3(a) shall not apply in the State
for home infusion therapy services provided 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.
(b) Limitation on Referrals.--Section 4 shall apply to referrals
made after December 31, 1994. | Sarah Weber Home Infusion Consumer Protection Act of 1994 - Prohibits any: (1) person from providing home infusion therapy services in a State unless the person is licensed by the State to provide such services; and (2) State from licensing such a person unless the person meets licensing standards to be established by the Secretary of Health and Human Services.
Specifies that a licensed person shall only provide services to an individual who is under the care of, and under a plan established and periodically reviewed by, a physician.
Sets forth licensing requirements, including having been determined capable of providing services, maintaining clinical records, adhering to written protocols and policies, making services available seven days a week on a 24-hour basis, coordinating services with the patient's physician, conducting a quality assessment and assurance program, assuring that only trained personnel provide infusion products, assuming responsibility for the quality of services provided by others under arrangements with such person, and establishing appropriate protocols and explaining such protocols clearly to patients before the initiation of treatment.
Sets forth requirements regarding: (1) cancellation of services; (2) limits on fees; and (3) enforcement of Act requirements.
Prohibits a physician (or an immediate family member) who has a financial relationship with a specified entity under the Medicare program from making a referral to such entity for the furnishing of such services. Makes Medicare physician ownership and referral provisions applicable to this Act. Specifies that: (1) the payment of reasonable compensation to a physician for patient management and coordination of care shall not be considered to be a compensation arrangement; and (2) the prescription of a drug to be administered through home infusion shall constitute a referral by a physician. | {"src": "billsum_train", "title": "Sarah Weber Home Infusion Consumer Protection Act of 1994"} | 1,635 | 361 | 0.762347 | 2.733477 | 0.92512 | 3.636905 | 4.431548 | 0.89881 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pascua Yaqui Tribe Land Conveyance
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) District.--The term ``District'' means the Tucson
Unified School District No. 1, a school district recognized as
such under the laws of the State of Arizona.
(2) Map.--The term ``Map'' means the map titled ```Pascua
Yaqui Tribe Land Conveyance Act'', dated March 14, 2016, and on
file and available for public inspection in the local office of
the Bureau of Land Management.
(3) Recreation and public purposes act.--The term
``Recreation and Public Purposes Act'' means the Act of June
14, 1926 (43 U.S.C. 869 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe
of Arizona, a federally recognized Indian tribe.
SEC. 3. LAND TO BE HELD IN TRUST.
(a) Parcel A.--Subject to subsection (b) and to valid existing
rights, all right, title, and interest of the United States in and to
the approximately 39.65 acres of Federal lands generally depicted on
the map as ``Parcel A'' are declared to be held in trust by the United
States for the benefit of the Tribe.
(b) Effective Date.--Subsection (a) shall take effect on the day
after the date on which the District relinquishes all right, title, and
interest of the District in and to the approximately 39.65 acres of
land described in subsection (a).
SEC. 4. LANDS TO BE CONVEYED TO THE DISTRICT.
(a) Parcel B.--
(1) In general.--Subject to valid existing rights and
payment to the United States of the fair market value, the
United States shall convey to the District all right, title,
and interest of the United States in and to the approximately
13.24 acres of Federal lands generally depicted on the map as
``Parcel B''.
(2) Determination of fair market value.--The fair market
value of the property to be conveyed under paragraph (1) shall
be determined by the Secretary in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(3) Costs of conveyance.--As a condition of the conveyance
under this subsection, all costs associated with the conveyance
shall be paid by the District.
(b) Parcel C.--
(1) In general.--If, not later than 1 year after the
completion of the appraisal required by paragraph (3), the
District submits to the Secretary an offer to acquire the
Federal reversionary interest in all of the approximately 27.5
acres of land conveyed to the District under Recreation and
Public Purposes Act and generally depicted on the map as
``Parcel C'', the Secretary shall convey to the District such
reversionary interest in the lands covered by the offer. The
Secretary shall complete the conveyance not later than 30 days
after the date of the offer.
(2) Survey.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall complete a survey of
the lands described in this subsection to determine the precise
boundaries and acreage of the lands subject to the Federal
reversionary interest.
(3) Appraisal.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete an
appraisal of the Federal reversionary interest in the lands
identified by the survey required by paragraph (2). The
appraisal shall be completed in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(4) Consideration.--As consideration for the conveyance of
the Federal reversionary interest under this subsection, the
District shall pay to the Secretary an amount equal to the
appraised value of the Federal interest, as determined under
paragraph (3). The consideration shall be paid not later than
30 days after the date of the conveyance.
(5) Costs of conveyance.--As a condition of the conveyance
under this subsection, all costs associated with the
conveyance, including the cost of the survey required by
paragraph (2) and the appraisal required by paragraph (3),
shall be paid by the District.
SEC. 5. GAMING PROHIBITION.
The Tribe may not conduct gaming activities on lands taken into
trust pursuant to this Act, either as a matter of claimed inherent
authority, under the authority of any Federal law, including the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.), or under regulations
promulgated by the Secretary or the National Indian Gaming Commission.
SEC. 6. WATER RIGHTS.
(a) In General.--There shall be no Federal reserved right to
surface water or groundwater for any land taken into trust by the
United States for the benefit of the Tribe under this Act.
(b) State Water Rights.--The Tribe retains any right or claim to
water under State law for any land taken into trust by the United
States for the benefit of the Tribe under this Act.
(c) Forfeiture or Abandonment.--Any water rights that are
appurtenant to land taken into trust by the United States for the
benefit of the Tribe under this Act may not be forfeited or abandoned.
(d) Administration.--Nothing in this Act affects or modifies any
right of the Tribe or any obligation of the
United States under Public Law 95-375 (25 U.S.C. 1300f et seq.).
Passed the House of Representatives June 7, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Pascua Yaqui Tribe Land Conveyance Act (Sec. 3) This bill declares that 39.65 acres of land are to be held in trust by the United States for the benefit of the Pascua Yaqui Tribe of Arizona, effective the day after the Tuscon Unified School District No. 1 relinquishes its interest in the land. (Sec. 4) The United States must convey to the school district 13.24 acres of federal land in exchange for payment of the fair market value of the land and the cost of conveyance. The school district may acquire the federal reversionary interest in 27.5 acres of district land by paying the appraised value, plus the costs of appraisal and conveyance, to the Department of the Interior. (Sec. 5) Gaming is prohibited on the land taken into trust pursuant to this bill. (Sec. 6) There are no federal reserved water rights for the land taken into trust. The tribe retains state water rights for this land. Water rights for this land may not be forfeited or abandoned. | {"src": "billsum_train", "title": "Pascua Yaqui Tribe Land Conveyance Act"} | 1,345 | 235 | 0.642886 | 2.025851 | 0.874771 | 2.901042 | 6.026042 | 0.932292 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Puerto Rico
Economic Activity Credit Improvement 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. MODIFICATIONS OF PUERTO RICO ECONOMIC ACTIVITY CREDIT.
(a) Corporations Eligible To Claim Credit.--Section 30A(a)(2)
(defining qualified domestic corporation) is amended to read as
follows:
``(2) Qualified domestic corporation.--For purposes of
paragraph (1)--
``(A) In general.--A domestic corporation shall be
treated as a qualified domestic corporation for a
taxable year if it is actively conducting within Puerto
Rico during the taxable year--
``(i) a line of business with respect to
which the domestic corporation is an existing
credit claimant under section 936(j)(9), or
``(ii) an eligible line of business not
described in clause (i).
``(B) Limitation to lines of business.--A domestic
corporation shall be treated as a qualified domestic
corporation under subparagraph (A) only with respect to
the lines of business described in subparagraph (A)
which it is actively conducting in Puerto Rico during
the taxable year.
``(C) Exception for corporations electing reduced
credit.--A domestic corporation shall not be treated as
a qualified corporation if such corporation (or any
predecessor) had an election in effect under section
936(a)(4)(B)(iii) for any taxable year beginning after
December 31, 1996.''
(b) Application on Separate Line of Business Basis; Eligible Line
of Business.--Section 30A is amended by redesignating subsection (g) as
subsection (h) and by inserting after subsection (f) the following new
subsection:
``(g) Application on Line of Business Basis; Eligible Lines of
Business.--For purposes of this section--
``(1) Application to separate line of business.--
``(A) In general.--In determining the amount of the
credit under subsection (a), this section shall be
applied separately with respect to each substantial
line of business of the qualified domestic corporation.
``(B) Exceptions for existing credit claimant.--
This paragraph shall not apply to a substantial line of
business with respect to which the qualified domestic
corporation is an existing credit claimant under
section 936(j)(9).
``(C) Allocation.--The Secretary shall prescribe
rules necessary to carry out the purposes of this
paragraph, including rules--
``(i) for the allocation of items of
income, gain, deduction, and loss for purposes
of determining taxable income under subsection
(a), and
``(ii) for the allocation of wages, fringe
benefit expenses, and depreciation allowances
for purposes of applying the limitations under
subsection (d).
``(2) Eligible line of business.--The term `eligible line
of business' means a substantial line of business in any of the
following trades or businesses:
``(A) Manufacturing.
``(B) Agriculture.
``(C) Forestry.
``(D) Fishing.
``(3) Substantial line of business.--For purposes of this
subsection, the determination of whether a line of business is
a substantial line of business shall be determined by reference
to 2-digit codes under the North American Industry
Classification System (62 Fed. Reg. 17288 et seq., formerly
known as `SIC codes').''
(c) Repeal of Base Period Cap.--
(1) In general.--Section 30A(a)(1) (relating to allowance
of credit) is amended by striking the last sentence.
(2) Conforming amendment.--Section 30A(e)(1) is amended by
inserting ``but not including subsection (j)(3)(A)(ii)
thereof'' after ``thereunder''.
(d) Application of Credit.--Section 30A(h) (relating to
applicability of section), as redesignated by subsection (b), is
amended to read as follows:
``(h) Application of Section.--
``(1) In general.--This section shall apply to taxable
years beginning after December 31, 1995, and before the
termination date.
``(2) Termination date.--For purposes of paragraph (1)--
``(A) In general.--The termination date is the
first day of the 4th calendar year following the close
of the first period for which a certification is issued
by the Secretary under subparagraph (B).
``(B) Certification.--
``(i) In general.--The Secretary shall
issue a certification under this subparagraph
for the first 3-consecutive calendar year
period beginning after December 31, 1997, for
which the Secretary determines that Puerto Rico
has met the requirements of clause (ii) for
each calendar year within the period.
``(ii) Requirements.--The requirements of
this clause are met with respect to Puerto Rico
for any calendar year if--
``(I) the average monthly rate of
unemployment in Puerto Rico does not
exceed 150 percent of the average
monthly rate of unemployment for the
United States for such year,
``(II) the per capita income of
Puerto Rico is at least 66 percent of
the per capita income of the United
States, and
``(III) the poverty level within
Puerto Rico does not exceed 30
percent.''
(e) Conforming Amendments.--
(1) Section 30A(b) is amended by striking ``within a
possession'' each place it appears and inserting ``within
Puerto Rico''.
(2) Section 30A(d) is amended by striking ``possession''
each place it appears.
(3) Section 30A(f) is amended to read as follows:
``(f) Definitions.--For purposes of this section--
``(1) Qualified income taxes.--The qualified income taxes
for any taxable year allocable to nonsheltered income shall be
determined in the same manner as under section 936(i)(3).
``(2) Qualified wages.--The qualified wages for any taxable
year shall be determined in the same manner as under section
936(i)(1).
``(3) Other terms.--Any term used in this section which is
also used in section 936 shall have the same meaning given such
term by section 936.''
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
SEC. 3. COMPARABLE TREATMENT FOR OTHER ECONOMIC ACTIVITY CREDIT.
(a) Corporations Eligible To Claim Credit.--Section 936(j)(2)(A)
(relating to economic activity credit) is amended to read as follows:
``(A) Economic activity credit.--
``(i) In general.--In the case of a
domestic corporation which, during the taxable
year, is actively conducting within a
possession other than Puerto Rico--
``(I) a line of business with
respect to which the domestic
corporation is an existing credit
claimant under paragraph (9), or
``(II) an eligible line of business
not described in subclause (I),
the credit determined under subsection
(a)(1)(A) shall be allowed for taxable years
beginning after December 31, 1995, and before
January 1, 2002.
``(ii) Limitation to lines of business.--
Clause (i) shall only apply with respect to the
lines of business described in clause (i) which
the domestic corporation is actively conducting
in a possession other than Puerto Rico during
the taxable year.
``(iii) Exception for corporations electing
reduced credit.--Clause (i) shall not apply to
a domestic corporation if such corporation (or
any predecessor) had an election in effect
under subsection (a)(4)(B)(iii) for any taxable
year beginning after December 31, 1996.''
(b) Application on Separate Line of Business Basis; Eligible Line
of Business.--
(1) In general.--Section 936(j) is amended by adding at the
end the following new paragraph:
``(11) Application on line of business basis; eligible
lines of business.--For purposes of this section--
``(A) Application to separate line of business.--
``(i) In general.--In determining the
amount of the credit under subsection (a)(1)(A)
for a corporation to which paragraph (2)(A)
applies, this section shall be applied
separately with respect to each substantial
line of business of the corporation.
``(ii) Exceptions for existing credit
claimant.--This paragraph shall not apply to a
line of business with respect to which the
qualified domestic corporation is an existing
credit claimant under paragraph (9).
``(iii) Allocation.--The Secretary shall
prescribe rules necessary to carry out the
purposes of this subparagraph, including
rules--
``(I) for the allocation of items
of income, gain, deduction, and loss
for purposes of determining taxable
income under subsection (a)(1)(A), and
``(II) for the allocation of wages,
fringe benefit expenses, and
depreciation allowances for purposes of
applying the limitations under
subsection (a)(4)(A).
``(B) Eligible line of business.--For purposes of
this subsection, the term `eligible line of business'
means a substantial line of business in any of the
following trades or businesses:
``(i) Manufacturing.
``(ii) Agriculture.
``(iii) Forestry.
``(iv) Fishing.''
(2) New lines of business.--Section 936(j)(9)(B) is amended
to read as follows:
``(B) New lines of business.--A corporation shall
not be treated as an existing credit claimant with
respect to any substantial new line of business which
is added after October 13, 1995, unless such addition
is pursuant to an acquisition described in subparagraph
(A)(ii).''
(3) Separate lines of business.--Section 936(j), as amended
by paragraph (1), is amended by adding at the end the following
new paragraph:
``(12) Substantial line of business.--For purposes of this
subsection (other than paragraph (9)(B) thereof), the
determination of whether a line of business is a substantial
line of business shall be determined by reference to 2-digit
codes under the North American Industry Classification System
(62 Fed. Reg. 17288 et seq., formerly known as `SIC codes').''
(c) Repeal of Base Period Cap for Economic Activity Credit.--
(1) In general.--Section 936(j)(3) is amended to read as
follows:
``(3) Additional restricted reduced credit.--
``(A) In general.--In the case of an existing
credit claimant to which paragraph (2)(B) applies, the
credit determined under subsection (a)(1)(A) shall be
allowed for any taxable year beginning after December
31, 1997, and before January 1, 2006, except that the
aggregate amount of taxable income taken into account
under subsection (a)(1)(A) for such taxable year shall
not exceed the adjusted base period income of such
claimant.
``(B) Coordination with subsection (a)(4)(B).--The
amount of income described in subsection (a)(1)(A)
which is taken into account in applying subsection
(a)(4)(B) shall be such income as reduced under this
paragraph.''
(2) Conforming amendment.--Section 936(j)(2)(A), as amended
by subsection (a), is amended by striking ``2002'' and
inserting ``2006''.
(d) Application of Credit.--
(1) In general.--Section 936(j)(2)(A), as amended by this
section, is amended by striking ``January 1, 2006'' and
inserting ``the termination date''.
(2) Special rules for applicable possessions.--Section
936(j)(8)(A) is amended to read as follows:
``(A) In general.--In the case of an applicable
possession--
``(i) this section (other than the
preceding paragraphs of this subsection) shall
not apply for taxable years beginning after
December 31, 1995, and before January 1, 2006,
with respect to any substantial line of
business actively conducted in such possession
by a domestic corporation which is an existing
credit claimant with respect to such line of
business, and
``(ii) this section (including this
subsection) shall apply--
``(I) with respect to any
substantial line of business not
described in clause (i) for taxable
years beginning after December 31,
1997, and before the termination date,
and
``(II) with respect to any
substantial line of business described
in clause (i) for taxable years
beginning after December 31, 2006, and
before the termination date.''
(3) Termination date.--Section 936(j), as amended by
subsection (b), is amended by adding at the end the following
new paragraph.
``(13) Termination date.--For purposes of this subsection--
``(A) In general.--The termination date for any
possession other than Puerto Rico is the first day of
the 4th calendar year following the close of the first
period for which a certification is issued by the
Secretary under subparagraph (B).
``(B) Certification.--
``(i) In general.--The Secretary shall
issue a certification for a possession under
this subparagraph for the first 3-consecutive
calendar year period beginning after December
31, 1997, for which the Secretary determines
that the possession has met the requirements of
clause (ii) for each calendar year within the
period.
``(ii) Requirements.--The requirements of
this clause are met with respect to a
possession for any calendar year if--
``(I) the average monthly rate of
unemployment in the possession does not
exceed 150 percent of the average
monthly rate of unemployment for the
United States for such year,
``(II) the per capita income of the
possession is at least 66 percent of
the per capita income of the United
States, and
``(III) the poverty level within
the possession does not exceed 30
percent.''
(e) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
(2) New lines of business.--The amendment made by
subsection (b)(2) shall apply to taxable years beginning after
December 31, 1995. | Puerto Rico Economic Activity Credit Improvement Act of 1997 - Amends the Internal Revenue Code to modify the requirements for corporations to be eligible for the Puerto Rico economic activity credit. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Removes provisions limiting, in taxable years beginning after 2001, the aggregate taxable income taken into account in determining the amount of the credit. Terminates the credit four years after Puerto Rico has, for three consecutive years, unemployment under and per capita income over specified percentages of the U.S. rates.
(Sec. 3) Amends provisions relating to the Puerto Rico and other possession tax credit to modify, with respect to possessions other than Puerto Rico, corporate eligibility requirements. Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation. Modifies additional restricted credit requirements. Sets forth the circumstances in which the credit is available with regard to Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Terminates the credit, for any possession other than Puerto Rico, four years after the possession has, for three consecutive years, unemployment under and per capita income over specified percentages of the U.S. rates and poverty under a specified level. | {"src": "billsum_train", "title": "Puerto Rico Economic Activity Credit Improvement Act of 1997"} | 3,348 | 287 | 0.550895 | 1.474657 | 0.757301 | 2.134387 | 11.719368 | 0.798419 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Speech About Science Act of
2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Federal regulators have forbidden--
(A) cherry growers and food producers to cite
independent and respected scientific research on their
produce that references health benefits; and
(B) a variety of dietary supplement makers to cite
independent scientific research on health benefits from
supplements from respected, peer-reviewed scientific
journals.
(2) Americans want access and have a right to access
legitimate scientific information about foods and dietary
supplements to ensure informed decisions about diet and health
care. While the American public is inundated daily with
advertisements about prescription drugs for health conditions,
many of which could be prevented through lifestyle changes,
proper nutrition, and informed use of dietary supplements,
Americans are denied access to the very information that
assists in making informed lifestyle and health care decisions.
(3) Providing access to scientific information promotes
self-responsibility, thereby empowering Americans to exercise
independent judgment in caring for themselves and ultimately
reducing health care costs and improving quality of life.
(4) The United States has a long commitment to the free
dissemination of scientific research with the exception of
limited extreme situations for national security. This
commitment goes back to the First Amendment to the Constitution
and has contributed vitally to the Nation's economic progress.
SEC. 3. MISBRANDED FOOD AND DIETARY SUPPLEMENTS.
Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(r)) is amended--
(1) in subparagraph (3)--
(A) by redesignating clause (D) as clause (E);
(B) by inserting after clause (C) the following:
``(D) Notwithstanding the provisions of clauses (A)(i) and (B), a
claim of the type described in subparagraph (1)(B) which is not
authorized by the Secretary in a regulation promulgated in accordance
with clause (B) shall be authorized and may be made with respect to a
food if--
``(i) the claim is based on legitimate scientific research;
``(ii) the claim and the food for which the claim is made
are in compliance with clause (A)(ii) and are otherwise in
compliance with paragraph (a) and section 201(n);
``(iii) the claim is stated in a manner so that the claim--
``(I) is an accurate balanced summary of such
research; and
``(II) enables the public to comprehend the
information provided in the claim and the relative
significance of such information in the context of a
total daily diet;
``(iv) the claim includes a citation to such research; and
``(v) the claim identifies each party that funded such
research.'';
(C) in clause (E), as so redesignated, by striking
``clause (C)'' each place it appears and inserting
``clause (C) or (D)''; and
(D) by adding at the end the following:
``(F) In this subparagraph, the term `legitimate scientific
research' means scientific research, whether performed in vitro, in
vivo, in animals, or in humans, that--
``(i) is conducted in accordance with sound scientific
principles;
``(ii) has been evaluated and accepted by a scientific or
medical panel; and
``(iii) has been published in its entirety, or as an
accurate, balanced summary or scientific review including a
citation to the research in its entirety, in--
``(I) a peer-reviewed article or book;
``(II) a recognized textbook;
``(III) a peer-reviewed scientific publication; or
``(IV) any publication of the United States
Government (including ones published by or at the
request of a Federal department, agency, institute,
center, or academy).'';
(2) by amending subparagraph (6) to read as follows:
``(6)(A) For purposes of subparagraph (1)(B), a statement for a
dietary supplement may be made if--
``(i) the statement claims a benefit related to a classical
nutrient deficiency condition and discloses the prevalence of
such condition in the United States, describes the role of a
nutrient or dietary ingredient intended to affect the structure
or function in humans, characterizes the documented mechanism
by which a nutrient or dietary ingredient acts to maintain such
structure or function, or describes general well-being from
consumption of a nutrient or dietary ingredient;
``(ii) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading;
``(iii) the statement contains, prominently displayed and
in boldface type, the following: `This statement has not been
evaluated by the Food and Drug Administration. This product is
not intended to diagnose, treat, cure, or prevent any
disease.'; and
``(iv) the statement does not claim to diagnose, mitigate,
treat, cure, or prevent a specific disease or class of
diseases.
``(B) Notwithstanding subparagraph (1)(B), a statement for a
dietary supplement may be made if--
``(i) the statement claims to diagnose, mitigate, treat,
cure, or prevent a specific disease or class of diseases, based
on legitimate scientific research (as defined in subparagraph
(3)(F));
``(ii) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading;
``(iii) the statement contains, prominently displayed and
in boldface type, the following: `This statement has not been
evaluated by the Food and Drug Administration.';
``(iv) the claim includes a citation to the research
referred to in subclause (i); and
``(v) the claim identifies each party that funded such
research.
If the manufacturer of a dietary supplement proposes to make a
statement described in clause (A) or (B) in the labeling of the dietary
supplement, the manufacturer shall notify the Secretary no later than
30 days after the first marketing of the dietary supplement with such
statement that such a statement is being made.''; and
(3) by adding at the end the following:
``(8) Subject to subparagraph (1) (relating to claims in the label
or labeling of food), the Secretary shall take no action to restrict in
any way the distribution of information that is not false or misleading
on legitimate scientific research (as defined in subparagraph (3)(F))
in connection with the sale of food.''.
SEC. 4. FALSE ADVERTISING.
(a) Dissemination of Legitimate Scientific Research in Connection
With Sale or Distribution of Food or Dietary Supplement.--Section 12 of
the Federal Trade Commission Act (15 U.S.C. 52) is amended by adding at
the end the following:
``(c)(1) The dissemination of legitimate scientific research in
connection with the sale or distribution of a food or dietary
supplement to consumers shall not be determined to be false advertising
by virtue of the fact that the research does not directly correlate to
the type of food or dietary supplement (including any component
thereof) being sold or distributed if the dissemination includes a
clear disclosure that the research does not directly correlate to such
type of food or dietary supplement.
``(2) In any proceeding under section 13, the burden of proof shall
be on the Commission to establish that the literature being
disseminated is not legitimate scientific research.''.
(b) Definitions.--Section 15 of the Federal Trade Commission Act
(15 U.S.C. 55) is amended by adding at the end the following:
``(g) The term `dietary supplement' has the meaning given to such
term in section 201 of the Federal Food, Drug, and Cosmetic Act.
``(h) The term `legitimate scientific research' has the meaning
given to such term in section 403(r) of the Federal Food, Drug, and
Cosmetic Act.''. | Free Speech About Science Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to set forth conditions under which a food or dietary supplement label may characterize the relationship of a nutrient in the food or supplement to a disease or health-related claim. Permits such a label on food if the claim: (1) is based on legitimate scientific research; (2) is in compliance with other FFDCA provisions; (3) is an accurate, balanced summary of such research; (4) enables the public to comprehend the information provided in the claim and the relative significance of such information in the context of a total daily diet; and (5) identifies each party that funded research to support the claim.
Permits such a label on a dietary supplement that claims to diagnose, treat, cure, or prevent a specific disease or class of diseases if: (1) the claim is based on legitimate scientific research; (2) the manufacturer has substantiation that such statement is truthful and not misleading; (3) the statement includes a disclaimer that it has not been evaluated by the Food and Drug Administration (FDA); and (4) the claim includes a citation to the research supporting such claim and identifies each party that funded such research.
Prohibits the Secretary of Health and Human Services (HHS) from restricting the distribution of information that is not false or misleading and that is based on legitimate scientific research in connection with the sale of food.
Amends the Federal Trade Commission Act to exempt the dissemination of legitimate scientific research in connection with the sale or distribution of a food or dietary supplement to consumers from being determined to be false advertising by virtue of the fact that the research does not directly correlate to such food or dietary supplement if the dissemination discloses that information. Places the burden of proof on the Federal Trade Commission (FTC) to establish that the literature being disseminated is not legitimate scientific research. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act concerning the distribution of information on legitimate scientific research in connection with foods and dietary supplements, and for other purposes."} | 1,816 | 421 | 0.523969 | 1.675275 | 0.809786 | 4.957447 | 4.521277 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Care Assessment and
Improvement Act of 2010''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Critical care medicine is the care for patients whose
illnesses or injuries present a significant danger to life,
limb, or organ function and require comprehensive care and
constant monitoring, usually in intensive care units.
(2) Each year, approximately five million Americans are
admitted into traditional, surgical, pediatric, or neo-natal
intensive care units.
(3) Nearly 80 percent of all Americans will experience a
critical care injury or illness as a patient, family member, or
friend of a patient.
(4) Critical care medicine consumes a significant amount of
financial resources, accounting for more than 13 percent of all
hospital costs.
(5) According to a 2006 report by the Health Resources and
Services Administration (``HRSA''), demand in the United States
for critical care medical services is on the rise, due in part
to the growing elderly population, as individuals over the age
of 65 consume a large percentage of critical care services.
(6) The HRSA report also found that the growing aging
population will further exacerbate an existing shortage of
intensivists, the physicians certified in critical care who
primarily deliver care in intensive care units, potentially
compromising the quality and availability of care.
(7) The demand on critical services and trained personnel
increases exponentially in the event of a natural disaster or
pandemic outbreak such as the H1N1 virus.
(8) Ensuring the strength of our critical care medical
delivery infrastructure is integral to the improvement of the
quality and delivery of health care in the United States.
(b) Purpose.--The purpose of this Act is to assess the current
state of the United States critical care medical delivery system and
implement policies to improve the quality and effectiveness of care
delivered to the critically ill and injured.
SEC. 3. STUDIES ON CRITICAL CARE.
(a) Institute of Medicine Study.--
(1) In general.--The Secretary of Health and Human Services
(in this Act referred to as the ``Secretary'') shall enter into
an agreement with the Institute of Medicine under which, not
later than 1 year after the date of the enactment of this Act,
the Institute will--
(A) conduct an analysis of the current state of
critical care health services in the United States;
(B) develop recommendations to bolster critical
care capabilities to meet future demand; and
(C) submit to Congress a report including the
analysis and recommendations under subparagraphs (A)
and (B).
(2) Issues to be studied.--The agreement under paragraph
(1) shall, at a minimum, provide for the following:
(A) Analysis of the current critical care system in
the United States, including--
(i) the system's capacity and resources,
including the size of the critical care
workforce and the availability of health
information technology and medical equipment;
(ii) the system's strengths, limitations,
and future challenges; and
(iii) the system's ability to provide
adequate care for the critically ill or injured
in response to a national health emergency,
including a pandemic or natural disaster.
(B) Analysis and recommendations regarding
regionalizing critical care systems.
(C) Analysis regarding the status of critical care
research in the United States and recommendations for
future research priorities.
(b) Government Accountability Office Study.--Not later than 1 year
after the date of the enactment of this Act, the Comptroller General of
the United States shall issue a report including the following:
(1) An inventory of all current and recent critical care
research and critical care-related programs of the Federal
Government and recommendations on how to better coordinate
critical care research efforts.
(2) An economic analysis of critical care costs as a
percentage of overall Federal health care spending, and a
comparison of such percentage to the percentage of Federal
critical research expenditures relative to overall Federal
health research spending.
(c) Health Resources and Services Administration Study.--
(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall review and update the Administration's
2006 study entitled ``The Critical Care Workforce: A Study of
the Supply and Demand for Critical Care Physicians''.
(2) Scope.--In carrying out paragraph (1), the Secretary
shall expand the scope of the study to address the supply and
demand of other providers within the spectrum of critical care
delivery, including critical care nurses, mid-level providers
(such as physician assistants and nurse practitioners),
intensive care unit pharmacists, and intensive care unit
respiratory care practitioners.
SEC. 4. NIH CRITICAL CARE COORDINATING COUNCIL.
(a) Establishment.--The Secretary, acting through the Director of
the National Institutes of Health, shall establish a council within the
Institutes to be known as the Critical Care Coordinating Council (in
this section referred to as the ``Council'').
(b) Membership.--The Secretary shall ensure that the membership of
the Council includes representatives of each of--
(1) the National Heart, Lung, and Blood Institute;
(2) the National Institute of Nursing Research;
(3) the Eunice Kennedy Shriver National Institute of Child
Health and Human Development; and
(4) any other national research institute or national
center of the National Institutes of Health that Secretary
deems appropriate.
(c) Duties.--The Council shall--
(1) coordinate the collection and analysis of information
on current research of the National Institutes of Health
relating to the care of the critically ill and injured,
identify gaps in such research, and make recommendations to the
Director of such Institutes on how to improve such research;
and
(2) provide annual reports to the Director regarding
research efforts of the National Institutes of Health relating
to the care of the critically ill and injured, and make
recommendations in such reports on how to strengthen
partnerships within the National Institutes of Health and
between the National Institutes of Health and public and
private entities to expand collaborative, cross-cutting
research.
SEC. 5. IMPROVING FEDERAL DISASTER PREPAREDNESS EFFORTS TO CARE FOR THE
CRITICALLY ILL AND INJURED.
(a) Report on Availability of Critical Care Practitioners.--Not
later than 1 year after the date of the enactment of this Act, the
Secretary shall submit a report to the Congress on the adequacy of the
number of critical care practitioners in disaster medical assistance
teams, the Medical Reserve Corps, and the Public Health Service
Commissioned Corps. Such report shall include recommendations, as
necessary, for addressing any shortages in the number of such
practitioners.
(b) Recommendations for Emergency ICU Evacuation Practices.--Not
later than 1 year after the date of the enactment of this Act, the
Secretary, acting through the Director of the Agency for Healthcare
Research and Quality, in consultation with critical care practitioners,
shall develop guidelines or best practices for the evacuation of
intensive care units during a national health emergency, including a
pandemic or natural disaster.
(c) Panel on Emergency Preparedness Databases.--
(1) Establishment.--The Secretary shall establish a panel
of emergency preparedness experts to be known as the Panel on
Emergency Preparedness Databases (in this section referred to
as the ``Panel'').
(2) Membership.--The Secretary shall ensure that the
membership of the Panel includes experts from the public and
private sector and experts from the critical care community.
(3) Duties.--The Panel shall--
(A) assess the adequacy of existing national
preparedness databases in facilitating effective and
coordinated local, State, and Federal medical responses
during a national health emergency, including a
pandemic or natural disaster;
(B) identify gaps in existing information networks;
(C) recommend specific ways to improve awareness of
the availability of resources before, during, and after
an incident; and
(D) submit to the Director of the National
Institutes of Health a report including the assessment,
identification, and recommendations made under
subparagraphs (A) through (C), respectively. | Critical Care Assessment and Improvement Act of 2010 - Requires studies on critical care in the United States by the Institute of Medicine and the Comptroller General.
Directs the Secretary of Health and Human Services (HHS), acting through the Director of the National Institutes of Health (NIH), to establish the Critical Care Coordinating Council to coordinate the collection and analysis of information on current NIH research relating to the care of the critically ill and injured, identify gaps in such research, and make recommendations to the Director of NIH on how to improve such research.
Requires the Secretary to report to Congress on the adequacy of the number of critical care practitioners in disaster medical assistance teams, the Medical Reserve Corps, and the Public Health Service Commissioned Corps.
Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality, to develop guidelines or best practices for the evacuation of intensive care units during a national health emergency, including a pandemic or natural disaster.
Requires the Secretary to establish the Panel on Emergency Preparedness Databases to: (1) assess the adequacy of existing national preparedness databases in facilitating effective and coordinated medical responses during a national health emergency; (2) identify gaps in existing information networks; and (3) recommend specific ways to improve awareness of the availability of resources before, during, and after an incident. | {"src": "billsum_train", "title": "To improve the understanding and coordination of critical care health services."} | 1,769 | 295 | 0.559855 | 1.675641 | 0.725873 | 5.915385 | 6.453846 | 0.969231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nutria Eradication and Control Act
of 2011''.
SEC. 2. FINDINGS; PURPOSE.
Section 2 of the Nutria Eradication and Control Act of 2003 (Public
Law 108-16; 117 Stat. 621) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and in
Louisiana'' and inserting ``, the State of Louisiana,
and other coastal States'';
(B) in paragraph (2), by striking ``in Maryland and
Louisiana on Federal, State, and private land'' and
inserting ``on Federal, State, and private land in the
States of Maryland and Louisiana and in other coastal
States''; and
(C) by striking paragraphs (3) and (4) and
inserting the following:
``(3) This Act authorizes the Maryland Nutria Project,
which has successfully eradicated nutria from more than 130,000
acres of Chesapeake Bay wetlands in the State of Maryland and
facilitated the creation of voluntary, public-private
partnerships and more than 406 cooperative landowner
agreements.
``(4) This Act and the Coastal Wetlands Planning,
Protection, and Restoration Act (16 U.S.C. 3951 et seq.)
authorize the Coastwide Nutria Control Program, which has
reduced nutria-impacted wetland acres in the State of Louisiana
from 80,000 acres to 23,141 acres.
``(5) The proven techniques developed under this Act that
are eradicating nutria in the State of Maryland and reducing
the acres of nutria-impacted wetlands in the State of Louisiana
should be applied to nutria eradication or control programs in
other nutria-infested coastal States''; and
(2) by striking subsection (b) and inserting the following:
``(b) Purpose.--The purpose of this Act is to authorize the
Secretary of the Interior to provide financial assistance to the States
of Delaware, Louisiana, Maryland, North Carolina, Oregon, Virginia, and
Washington to carry out activities--
``(1) to eradicate or control nutria; and
``(2) to restore nutria damaged wetlands.''.
SEC. 3. DEFINITIONS.
The Nutria Eradication and Control Act of 2003 (Public Law 108-16;
117 Stat. 621) is amended--
(1) by redesignating sections 3 and 4 as sections 4 and 5,
respectively; and
(2) by inserting after section 2 the following:
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Coastal state.--The term `coastal State' means each
of the States of Delaware, Oregon, North Carolina, Virginia,
and Washington.
``(2) Program.--The term `program' means the nutria
eradication program established by section 4(a).
``(3) Public-private partnership.--The term `public-private
partnership' means a voluntary, cooperative project undertaken
by governmental entities or public officials and affected
communities, local citizens, nongovernmental organizations, or
other entities or persons in the private sector.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.''.
SEC. 4. NUTRIA ERADICATION PROGRAM.
Section 4 of the Nutria Eradication and Control Act of 2003 (Public
Law 108-16; 117 Stat. 621) (as redesignated by section 3) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary may, subject to the availability
of appropriations, provide financial assistance to the States of
Maryland and Louisiana and the coastal States to implement measures--
``(1) to eradicate or control nutria; and
``(2) to restore wetlands damaged by nutria.'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``the State of''
before ``Maryland'';
(B) in paragraph (2), by striking ``other States''
and inserting ``the coastal States''; and
(C) in paragraph (3), by striking ``marshland'' and
inserting ``wetlands'';
(3) in subsection (c)--
(A) by striking ``(c) Activities'' and inserting
``(c) Activities in the State of Maryland''; and
(B) by inserting ``, and updated in March 2009''
before the period at the end;
(4) in subsection (e), by striking ``financial assistance
provided by the Secretary under this section'' and inserting
``the amounts made available under subsection (f) to carry out
the program''; and
(5) by striking subsection (f) and inserting the following:
``(f) Authorization of Appropriations.--Subject to subsection (e),
for each of fiscal years 2012 through 2016, there are authorized to be
appropriated to the Secretary to carry out the program such sums as are
necessary.''.
SEC. 5. REPORT.
Section 5 of the Nutria Eradication and Control Act of 2003 (Public
Law 108-16; 117 Stat. 621) (as redesignated by section 3) is amended--
(1) in paragraph (1), by striking ``2002 document entitled
`Eradication Strategies for Nutria in the Chesapeake and
Delaware Bay Watersheds'; and'' and inserting ``March 2009
update of the document entitled `Eradication Strategies for
Nutria in the Chesapeake and Delaware Bay Watersheds' and
originally dated March 2002;'';
(2) in paragraph (2)--
(A) by striking ``develop'' and inserting
``continue''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding after paragraph (2) the following:
``(3) develop, in cooperation with the State of Delaware
Department of Natural Resources and Environmental Control, the
State of Virginia Department of Game and Inland Fisheries, the
State of Oregon Department of Fish and Wildlife, the State of
North Carolina Department of Environment and Natural Resources,
and the State of Washington Department of Fish and Wildlife,
long-term nutria control or eradication programs, as
appropriate, with the objective of--
``(A) significantly reducing and restoring the
damage nutria cause to coastal wetlands in the coastal
States; and
``(B) promoting voluntary, public-private
partnerships to eradicate or control nutria and
restoring nutria-damaged wetlands in the coastal
States.''. | Nutria Eradication and Control Act of 2011 - Amends the Nutria Eradication and Control Act of 2003 to revise the nutria eradication program by authorizing the Secretary of the Interior to provide financial assistance to Delaware, Louisiana, Maryland, North Carolina, Oregon, Virginia, and Washington (currently only to Maryland and Louisiana).
Establishes the goals of such Program as: (1) eradicating nutria in Maryland; (2) eradicating or controlling nutria in Louisiana, Delaware, North Carolina, Oregon, Virginia, and Washington; and (3) restoring wetlands damaged by nutria.
Requires that the Maryland program consist of management, research, and public education activities carried out in accordance with the United States Fish and Wildlife Service's document entitled "Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds" dated March 2002 and updated in March 2009.
Authorizes appropriations for FY2012-FY2016.
Requires the Secretary and the National Invasive Species Council to develop long-term nutria control or eradication programs to: (1) significantly reduce and restore nutria damaged wetlands in Delaware, Oregon, North Carolina, Virginia, and Washington; and (2) promote voluntary, public-private partnerships to eradicate or control nutria and restore nutria-damaged wetlands in such states. | {"src": "billsum_train", "title": "To provide for the eradication and control of nutria."} | 1,477 | 303 | 0.731108 | 2.148057 | 0.844868 | 4.179167 | 5.675 | 0.879167 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) at least 30 million Americans lack access to even the
most basic health services;
(2) access to health care is especially difficult for those
Americans who--
(A) live in medically underserved rural communities
or inner city neighborhoods;
(B) lack public or private health insurance
coverage and the ability to pay directly for care;
(C) must move for work purposes, such as migrant
farmworkers;
(D) are members of minority groups, or who speak
limited English; or
(E) are members of other vulnerable groups,
including persons who are homeless or are high-risk
pregnant women, infants and children;
(3) the consequences of poor access to health care is
evidenced in elevated infant and childhood mortality rates,
dangerously low childhood immunization rates, overutilization
of hospital emergency rooms or other inappropriate providers of
primary care services, and hospitalization rates for
preventable conditions that are significantly higher than the
national average;
(4) efforts to provide access to essential health care
services for medically underserved Americans will not only
contribute to improved health status, but will also result in
less unnecessary care and reduced overall costs of health care;
and
(5) the federally qualified health centers, including the
community and migrant health centers which serve more than 6
million needy Americans, provide an effective and proven model
for extending access to all medically underserved Americans.
SEC. 2. ESTABLISHMENT OF NEW PART UNDER THE MEDICAID PROGRAM TO PROVIDE
FUNDS FOR A NEW FEDERALLY QUALIFIED HEALTH CENTERS GRANTS
PROGRAM.
(a) In General.--Title XIX of the Social Security Act is amended by
inserting after the title heading the following:
``Part A--Payment to States for Medical Assistance''.
(b) Purpose.--Section 1901 of the Social Security Act (42 U.S.C.
1396) is amended--
(1) in the first sentence--
(A) by striking ``and (2)'' and inserting ``(2)'';
and
(B) by striking ``self care,'' and inserting ``self
care; and (3) grants to assist entities in providing
health care services to medically underserved
individuals,''; and
(2) by amending the second sentence to read as follows:
``The sums made available under this section shall be used for
making payments--
(A) under this part to States which have submitted,
and had approved by the Secretary, State plans for
medical assistance; and
(B) under part B to entities meeting the
requirements under such part.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall become effective on October 1, 1993.
SEC. 3. ESTABLISHMENT OF NEW PROGRAM TO PROVIDE FUNDS TO ALLOW
FEDERALLY QUALIFIED HEALTH CENTERS AND OTHER ENTITIES OR
ORGANIZATIONS TO PROVIDE EXPANDED SERVICES TO MEDICALLY
UNDERSERVED INDIVIDUALS.
(a) In General.--Title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) is amended by adding at the end the following new part:
``Part B--Grants to Qualified Entities for Health Services
``health services access program
``Sec. 1941. (a) Establishment of Health Services Access Program.--
From amounts appropriated under section 1901, the Secretary shall,
acting through the Bureau of Health Care Delivery Assistance, award
grants under this section to federally qualified health centers (each
in this part referred to as an `FQHC') and other entities and
organizations submitting applications under this section (as described
in subsection (c)) for the purpose of providing access to services for
medically underserved populations (as defined in section 330(b)(3) of
the Public Health Service Act) or in high impact areas (as defined in
section 329(a)(5) of the Public Health Service Act) not currently being
served by an FQHC.
``(b) Eligibility for Grants.--(1) The Secretary shall award grants
under this section to entities or organizations described in this
paragraph and paragraph (2) which have submitted a proposal to the
Secretary to expand such entities or organizations operations
(including expansions to new sites (as determined necessary by the
Secretary)) to serve medically underserved populations or high impact
areas not currently served by an FQHC and which--
``(A) have as of January 1, 1993, been certified by the
Secretary as an FQHC under section 1905(l)(2)(B); or
``(B) have submitted applications to the Secretary to
qualify as FQHC's under section 1905(l)(2)(B); or
``(C) have submitted a plan to the Secretary which provides
that the entity will meet the requirements to qualify as an
FQHC when operational.
``(2)(A) The Secretary shall also make grants under this section to
public or private nonprofit agencies, health care entities or
organizations which meet the requirements necessary to qualify as an
FQHC except, the requirement that such entity have a consumer majority
governing board and which have submitted a proposal to the Secretary to
provide those services provided by an FQHC as defined in section
1905(l)(2)(B) and which are designed to promote access to primary care
services or to reduce reliance on hospital emergency rooms or other
high cost providers of primary health care services, provided such
proposal is developed by the entity or organizations (or such entities
or organizations acting in a consortium in a community) with the review
and approval of the Governor of the State in which such entity or
organization is located.
``(B) The Secretary shall provide in making grants to entities or
organizations described in this paragraph that no more than 10 percent
of the funds provided for grants under this section shall be made
available for grants to such entities or organizations.
``(c) Application Requirements.--(1) In order to be eligible to
receive a grant under this section, an FQHC or other entity or
organization must submit an application in such form and at such time
as the Secretary shall prescribe and which meets the requirements of
this subsection.
``(2) An application submitted under this section must provide--
``(A)(i) for a schedule of fees or payments for the
provision of the services provided by the entity designed to
cover its reasonable costs of operations; and
``(ii) for a corresponding schedule of discounts to be
applied to such fees or payments, based upon the patient's
ability to pay (determined by using a sliding scale formula
based on the income of the patient);
``(B) assurances that the entity or organization provides
services to persons who are eligible for benefits under title
XVIII, for medical assistance under a State plan approved under
part A or for assistance for medical expenses under any other
public assistance program or private health insurance program;
and
``(C) assurances that the entity or organization has made
and will continue to make every reasonable effort to collect
reimbursement for services--
``(i) from persons eligible for assistance under
any of the programs described in subparagraph (B); and
``(ii) from patients not entitled to benefits under
any such programs.
``(d) Limitations on Use of Funds.--(1) From the amounts awarded to
an entity or organization under this section, funds may be used for
purposes of planning but may only be expended for the costs of--
``(A) assessing the needs of the populations or proposed
areas to be served;
``(B) preparing a description of how the needs identified
will be met;
``(C) development of an implementation plan that
addresses--
``(i) recruitment and training of personnel; and
``(ii) activities necessary to achieve operational
status in order to meet FQHC requirements under
1905(l)(2)(B).
``(2) From the amounts awarded to an entity or organization under
this section, funds may be used for the purposes of paying for the
costs of recruiting, training and compensating staff (clinical and
associated administrative personnel (to the extent such costs are not
already reimbursed under part A or any other State or Federal program))
to the extent necessary to allow the entity to operate at new or
expanded existing sites.
``(3) From the amounts awarded to an entity or organization under
this section, funds may be expended for the purposes of acquiring
facilities and equipment but only for the costs of--
``(A) construction of new buildings (to the extent that new
construction is found to be the most cost-efficient approach by
the Secretary);
``(B) acquiring, expanding, or modernizing of existing
facilities;
``(C) purchasing essential (as determined by the Secretary)
equipment; and
``(D) amortization of principal and payment of interest on
loans obtained for purposes of site construction, acquisition,
modernization, or expansion, as well as necessary equipment.
``(4) From the amounts awarded to an entity or organization under
this section, funds may be expended for the payment of services but
only for the costs of--
``(A) providing or arranging for the provision of all
services through the entity necessary to qualify such entity as
an FQHC under section 1905(l)(2)(B);
``(B) providing or arranging for any other service that an
FQHC may provide and be reimbursed for under this title; and
``(C) providing any unreimbursed costs of providing
services as described in section 330(a) of the Public Health
Service Act to patients.
``(e) Priorities in the Awarding of Grants.--(1) The Secretary
shall give priority in awarding grants under this section to entities
which have, as of January 1, 1993, been certified as an FQHC under
section 1905(l)(2)(B) and which have submitted a proposal to the
Secretary to expand their operations (including expansion to new sites)
to serve medically underserved populations for high impact areas not
currently served by an FQHC. The Secretary shall give first priority in
awarding grants under this section to those FQHCs or other entities
which propose to serve populations with the highest degree of unmet
need, and which can demonstrate the ability to expand their operations
in the most efficient manner.
``(2) The Secretary shall give second priority in awarding grants
to entities which have submitted applications to the Secretary which
demonstrate that the entity will qualify as an FQHC under section
1905(l)(2)(B) before it provides or arranges for the provision of
services supported by funds awarded under this section, and which are
serving or proposing to serve medically underserved populations or high
impact areas which are not currently served (or proposed to be served)
by an FQHC.
``(3) The Secretary shall give third priority in awarding grants in
subsequent years to those FQHCs or other entities which have provided
for expanded services and project and are able to demonstrate that such
entity will incur significant unreimbursed costs in providing such
expanded services.
``(f) Return of Funds to Secretary for Costs Reimbursed From Other
Sources.--To the extent that an entity or organization receiving funds
under this part is reimbursed from another source for the provision of
services to an individual, and does not use such increased
reimbursement to expand services furnished, areas served, to compensate
for costs of unreimbursed services provided to patients, or to promote
recruitment, training, or retention of personnel, such excess revenues
shall be returned to the Secretary.
``(g) Termination of Grants.--(1)(A) With respect to any entity
that is receiving funds awarded under this section and which
subsequently fails to meet the requirements to qualify as an FQHC under
section 1905(l)(2)(B) or is an entity that is not required to meet the
requirements to qualify as an FQHC under section 1905(l)(2)(B) but
fails to meet the requirements of this section, the Secretary shall
terminate the award of funds under this section to such entity.
``(B) Prior to any termination of funds under this section to an
entity, the entities shall be entitled to 60 days prior notice of
termination and, as provided by the Secretary in regulations, an
opportunity to correct any deficiencies in order to allow the entity to
continue to receive funds under this section.
``(2) Upon any termination of funding under this section, the
Secretary may (to the extent practicable)--
``(A) sell any property (including equipment) acquired or
constructed by the entity using funds made available under this
section or transfer such property to another FQHC, in which
case the Secretary shall reimburse any costs which were
incurred by the entity in acquiring or constructing such
property (including equipment) which were not supported by
grants under this section; and
``(B) recoup any funds provided to an entity terminated
under this section.
``(h) Limitation on Amount of Expenditures.--The amount of funds
that may be expended under this title to carry out the purposes of this
part shall be for fiscal year 1994, $200,000,000, for fiscal year 1995,
$400,000,000, for fiscal year 1996, $600,000,000, for fiscal year 1997,
$800,000,000, for fiscal year 1998, $800,000,000, and for fiscal years
thereafter such sums as provided by Congress.''.
(b) Effective Date.--The amendments made by subsection (a) shall
become effective with respect to services furnished by a federally
qualified health center or other qualifying entity described in this
section beginning on or after October 1, 1993.
SEC. 4. STUDY AND REPORT ON SERVICES PROVIDED BY COMMUNITY HEALTH
CENTERS AND HOSPITALS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall provide for a
study to examine the relationship and interaction between community
health centers and hospitals in providing services to individuals
residing in medically underserved areas. The Secretary shall ensure
that the National Rural Research Centers participate in such study.
(b) Report.--The Secretary shall provide to the appropriate
committees of Congress a report summarizing the findings of the study
within 90 days of the end of each project year and shall include in
such report recommendations on methods to improve the coordination of
and provision of services in medically underserved areas by community
health centers and hospitals.
(c) Authorization.--There are authorized to carry out the study
provided for in this section $150,000 for each of fiscal years 1994 and
1995. | Amends title XIX (Medicaid) of the Social Security Act to establish a part B (Health Services Access) to fund grants to federally-qualified health centers (FQHCs) and other entities for the expansion and development of primary health care service programs for medically underserved populations.
Sets forth grant eligibility criteria and the requirements grant applications must meet. Outlines limitations on the use of grant funds. Establishes priorities for the awarding of grants, with the highest priority for those FQHCs and other entities proposing to expand operations to serve medically underserved populations with the highest degree of unmet need in the most efficient manner. Requires entities receiving program funds to return excess revenues to the Secretary. Requires termination of grants to entities failing to meet certain requirements.
Directs the Secretary to study and report to the Congress on the relationship between community health centers and hospitals in providing such services. Authorizes appropriations. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to create a new part under such title to provide access to services for medically underserved populations not currently served by federally qualified health centers, by providing funds for a new program to allow federally qualified health centers and other qualifying entities to expand such centers' and entities' capacity and to develop additional centers."} | 3,199 | 207 | 0.50162 | 1.317731 | 0.942311 | 2.306358 | 17.034682 | 0.884393 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention and Recovery of Missing
Children Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An improved registration system for sex offenders and
others who commit predatory acts against children will provide
law enforcement agencies with additional information critical
to preventing and promptly resolving such crimes.
(2) Federal, State, and local law enforcement were called
upon to investigate over 12,000 non-family abductions in the
United States in 1999.
(3) The National Crime Information Center (NCIC) database,
which links more than 16,000 Federal, State, and local law
enforcement agencies, is a critical means of cooperation among
law enforcement agencies.
(4) Delays in entering missing children reports into the
NCIC database leads to investigative delays when time is
critical to ensuring the safe return of missing children, as
evidenced by the fact that in 74 percent of abduction homicide
cases the child is dead within the first 3 hours and 91 percent
are killed within 24 hours.
SEC. 3. MISSING CHILD REPORTING REQUIREMENTS.
(a) In General.--Section 3702 of the Crime Control Act of 1990 (42
U.S.C. 5780) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) ensure that no law enforcement agency within the
State establishes or maintains any policy that requires the
removal of a missing person entry from its State law
enforcement system or the National Crime Information Center
computer network based solely on the age of the person;''; and
(3) in paragraph (3), as redesignated, by striking
``immediately'' and inserting ``within 2 hours of receipt''.
SEC. 4. STANDARDS FOR SEX OFFENDER REGISTRATION PROGRAMS.
(a) In General.--Section 170101 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)--
(i) by striking clause (i), and inserting
the following:
``(i) inform the person of the duty to
register and obtain the information required
for such registration, including the person's
name, current address, anticipated future
residence, employer name and address, license
plate number and other identifying information
about each vehicle that the person owns, and
student enrollment information;'';
(ii) by striking clause (iv) and inserting
the following:
``(iv) obtain fingerprints, a photograph,
and a deoxyribonucleic acid (DNA) sample,
unless they were obtained within the previous 3
months;'';
(iii) in clause (v), by striking the period
at the end and inserting the following: ``;
and''; and
(iv) by adding at the end the following:
``(vi) for persons who are incarcerated,
perform each of the duties under clauses (i)
through (v) prior to the release of that person
from incarceration.'';
(B) in paragraph (2)(A), in the second sentence, by
inserting ``registration information for persons
intending to move to another State is promptly made
available to the registering agency of that State, and
that'' after ``State procedures shall also ensure
that'';
(C) by striking paragraph (3) and inserting the
following:
``(3) Verification.--For all persons required to register
under this section, State procedures shall provide for
verification of registry information not less than every 90
days.'';
(D) by striking paragraph (4) and inserting the
following:
``(4) Notification of local law enforcement agencies of
changes in registry information.--State procedures shall
provide that all persons required to register under this
section shall report a change of name, address, employer name
and address, vehicle information, and student enrollment
information to a law enforcement agency that has jurisdiction
where the person will reside, not later than 10 days after such
change takes effect.''; and
(E) by adding at the end the following:
``(8) Current photograph.--State procedures shall provide
for local law enforcement to obtain a photograph for all
persons required to register under this section--
``(A) at the initial registration of the person;
and
``(B) not less than annually at the time of
verification of the registry information of that
person, throughout the term of registration.
``(9) Driver's license or identification card.--State
procedures shall require that all persons required to register
under this section obtain, at the time of initial registration,
a driver's license or identification card from the State
Department of Motor Vehicles in the State in which that person
resides.''; and
(2) in subsection (d)--
(A) by striking ``A'' and inserting the following:
``(1) In general.--A''; and
(B) by adding at the end the following:
``(2) Felony.--States shall designate a failure to comply
with the registration and verification requirements of this
section as a felony and permit such failure to be grounds for
the immediate issuance of an arrest warrant.
``(3) Considerations.--States shall consider a failure to
comply with the registration and verification requirements of
this section as an ongoing offense for the purpose of statutes
of limitation, and shall consider a failure to register each
item of changed registry information as a separate offense.''. | Prevention and Recovery of Missing Children Act of 2002 - Amends the Crime Control Act of 1990 to require each State reporting on missing children to: (1) ensure that no law enforcement agency within the State establishes or maintains any policy that requires the removal of an entry from its State law enforcement system or the National Crime Information Center computer network based solely on the person's age; and (2) provide that any relevant information shall be entered within two hours of receipt (currently, immediately).Revises the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to require the responsible official to obtain from a sex offender who is required to register: (1) information regarding the offender's anticipated future residence, employer's name and address, license plate number and vehicle, and student enrollment; and (2) fingerprints and a deoxyribonucleic acid (DNA) sample, unless they were obtained within the previous three months.Sets forth requirements regarding State: (1) procedures involving offenders intending to move to another State; (2) timetables for the verification of registry information and the taking of photographs; and (3) procedures requiring offenders to obtain a driver's license or identification card from the State department of motor vehicles at the time of registration.Requires States to: (1) designate a failure to comply with the registration and verification requirements as a felony and permit such failure to be grounds for the immediate issuance of an arrest warrant; and (2) consider a failure to comply as an ongoing offense and a failure to register each item of changed registry information as a separate offense. | {"src": "billsum_train", "title": "A bill to assist law enforcement in their efforts to recover missing children and to clarify the standards for State sex offender registration programs."} | 1,248 | 348 | 0.585199 | 1.83787 | 0.793899 | 4.288525 | 3.859016 | 0.931148 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Ape Protection Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Advances in scientific knowledge reveal that our
nearest living relatives, great apes (including chimpanzees,
bonobos, gorillas, orangutans and gibbons), bear an exceedingly
close genetic relationship to humans.
(2) Great apes are highly intelligent and social animals
and research laboratory environments involving invasive
research cannot meet their complex social and psychological
needs.
(3) Confinement of great apes for purposes of invasive
research causes these intelligent and sentient animals to
experience harmful stress and suffering, such as profound
depression and withdrawal, self mutilation that can result in
physical wounding, hair pulling, rocking, and other traumatized
or psychotic behaviors.
(4) Invasive research performed on great apes, and the
breeding of great apes for these purposes, are economic in
nature and substantially affect interstate commerce.
(5) The majority of invasive research and testing conducted
on great apes in the United States is for the end purpose of
developing drugs, pharmaceuticals, and other products to be
sold in the interstate market.
(6) The total costs associated with great ape research have
a direct economic impact on interstate commerce.
(7) Care in a research laboratory for a single great ape
over the lifespan of the great ape of more than 50 years can
cost between $300,000 and $500,000, compared to an approximate
cost of $275,000 for high quality care in a sanctuary.
(8) An overwhelming majority of invasive research
procedures performed on great apes involve some element of
interstate commerce, such that great apes, equipment, and
researchers have traveled across state lines.
(9) The regulation of animals and activities as provided in
this Act are necessary to effectively regulate interstate and
foreign commerce.
(10) Australia, Austria, Japan, the Netherlands, New
Zealand, Sweden, and the United Kingdom have banned or severely
limited experiments on great apes and several other countries
and the European Union are considering similar bans as well.
(11) The National Research Council (NRC) report entitled
``Chimpanzees in Research and Strategies for their Ethical
Care, Management, and Use,'' concluded that--
(A) there is a ``moral responsibility'' for the
long-term care of chimpanzees used for scientific
research;
(B) there should be a moratorium on further
chimpanzee breeding;
(C) euthanasia as a means of general chimpanzee
population control is unacceptable; and
(D) sanctuaries should be created to house
chimpanzees in a manner consistent with high standards
of lifetime care, social enrichment, and cognitive
development.
(12) In December 2000, the Chimpanzee Health Improvement,
Maintenance, and Protection (CHIMP) Act was signed into law,
requiring the Federal Government to provide for permanent
``retirement'' of chimpanzees who are identified ``as no longer
being needed in research''.
(13) In May 2007, the National Institutes of Health's
National Center for Research Resources' (NCRR) decided to
permanently end funding for the breeding of Government-owned
chimpanzees for research.
(b) Purposes.--The purpose of this Act is to--
(1) prohibit invasive research and the funding of such
research both within and outside of the United States on great
apes;
(2) prohibit the transport of great apes for purposes of
invasive research;
(3) prohibit the breeding of great apes for purposes of
invasive research; and
(4) require the permanent retirement of federally owned
great apes.
SEC. 3. PROHIBITIONS.
(a) Invasive Research Prohibition.--No person shall conduct
invasive research on a great ape.
(b) Federal Funding Prohibition.--No Federal funds may be used to
conduct invasive research on a great ape.
(c) Transport Prohibition.--No person shall knowingly import,
export, transport, move, deliver, receive, possess, rent, loan,
purchase, or sell a great ape for the purpose of conducting invasive
research on such great ape.
(d) Breeding Prohibition.--No person shall breed a great ape for
use in invasive research.
(e) Exemption.--Nothing in this Act shall be construed to limit or
prevent individualized medical care performed on a great ape by a
licensed veterinarian for the benefit of the great ape.
SEC. 4. RETIREMENT.
(a) In General.--Subject to subsection (b), the Secretary of Health
and Human Services shall provide for the permanent retirement of all
great apes owned or under the control of the Federal Government that
have been used for invasive research.
(b) Exception.--The Secretary of Health and Human Services may
provide for the euthanizing of a great ape owned or under the control
of the Federal Government that has been used for invasive research if
euthanasia is in the best interests of such great ape, as determined by
an attending veterinarian and endorsed by a second, unaffiliated
veterinarian.
SEC. 5. DEFINITIONS.
In this Act:
(a) Great Ape.--The term ``great ape'' includes a chimpanzee,
gorilla, bonobo, orangutan, or gibbon.
(b) Invasive Research.--The term ``invasive research''--
(1) means any experimental research that may cause death,
bodily injury, pain, distress, fear, injury, or trauma to a
great ape, including--
(A) the testing of any drug or intentional exposure
to a substance that may be detrimental to the health of
a great ape;
(B) research that involves penetrating or cutting
the body or removing body parts, restraining,
tranquilizing, or anesthetizing a great ape; or
(C) isolation, social deprivation, or other
experimental physical manipulations that may be
detrimental to the health or psychological well-being
of a great ape; and
(2) does not include--
(A) close observation of natural or voluntary
behavior of a great ape, provided that the research
does not require removal of the great ape from the
social group or environment of such great ape or
require an anesthetic or sedation event to collect data
or record observations; or
(B) post-mortem examination of a great ape
following the natural death of such great ape.
(c) Permanent Retirement.--The term ``permanent retirement''--
(1) means that a great ape is placed in a suitable
sanctuary that will provide for the lifetime care of the great
ape and such great ape will not be used in further invasive
research; and
(2) does not include euthanasia.
(d) Person.--The term ``person'' means--
(1) an individual, corporation, partnership, trust,
association, or any other private entity,
(2) any officer, employee, agent, department, or
instrumentality of the Federal Government, a State,
municipality, or political subdivision of a State; or
(3) any other entity subject to the jurisdiction of the
United States.
(e) Suitable Sanctuary.--The term ``suitable sanctuary'' means--
(1) the system referred to in section 481C(a) of the Public
Health Service Act (42 U.S.C. 287a-3a(a)); or
(2) a comparable privately funded sanctuary approved by the
Secretary of Health and Human Services.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date that is 3 years after the
date of the enactment of this Act. | Great Ape Protection Act - Prohibits: (1) persons from conducting invasive research on great apes; (2) federal funds from being used to conduct such research; (3) persons from knowingly importing, exporting, transporting, moving, delivering, receiving, possessing, renting, loaning, purchasing, or selling great apes for such research; and (4) persons from breeding great apes for use in such research.
Declares that this Act does not limit or prevent individualized medical care performed on great apes by licensed veterinarians for the benefit of the great apes.
Requires the Secretary of Health and Human Services (HHS) to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that have been used for invasive research. Authorizes the Secretary to provide for the euthanizing of such apes if it is in their best interest as determined by an attending veterinarian and endorsed by a second, unaffiliated veterinarian.
Defines "invasive research" to mean experimental research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes. Excludes: (1) close observation of natural or voluntary behavior, provided that it does not require the removal of apes from their social group or environment or require an anesthetic or sedation event to collect data or record observations; or (2) post-mortem examinations of great apes following their natural death. | {"src": "billsum_train", "title": "To prohibit the conducting of invasive research on great apes, and for other purposes."} | 1,791 | 338 | 0.545139 | 1.842737 | 0.705287 | 3.912727 | 5.585455 | 0.894545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electrify Africa Act of 2015''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage the efforts of countries in
sub-Saharan Africa to improve access to affordable and reliable
electricity in Africa in order to unlock the potential for inclusive
economic growth, job creation, food security, improved health,
education, and environmental outcomes, and poverty reduction.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to partner, consult, and
coordinate with the governments of sub-Saharan African countries,
international financial institutions, and African regional economic
communities, cooperatives, and the private sector, in a concerted
effort to--
(1) promote first-time access to power and power services for
at least 50,000,000 people in sub-Saharan Africa by 2020 in both
urban and rural areas;
(2) encourage the installation of at least 20,000 additional
megawatts of electrical power in sub-Saharan Africa by 2020 using a
broad mix of energy options to help reduce poverty, promote
sustainable development, and drive inclusive economic growth;
(3) promote non-discriminatory reliable, affordable, and
sustainable power in urban areas (including small urban areas) to
promote economic growth and job creation;
(4) promote policies to facilitate public-private partnerships
to provide non-discriminatory reliable, sustainable, and affordable
electrical service to rural and underserved populations;
(5) encourage the necessary in-country reforms, including
facilitating public-private partnerships specifically to support
electricity access projects to make such expansion of power access
possible;
(6) promote reforms of power production, delivery, and pricing,
as well as regulatory reforms and transparency, to support long-
term, market-based power generation and distribution;
(7) promote policies to displace kerosene lighting with other
technologies;
(8) promote an all-of-the-above energy development strategy for
sub-Saharan Africa that includes the use of oil, natural gas, coal,
hydroelectric, wind, solar, and geothermal power, and other sources
of energy; and
(9) promote and increase the use of private financing and seek
ways to remove barriers to private financing and assistance for
projects, including through charitable organizations.
SEC. 4. DEVELOPMENT OF COMPREHENSIVE, MULTIYEAR STRATEGY.
(a) Strategy Required.--
(1) In general.--The President shall establish a comprehensive,
integrated, multiyear strategy to encourage the efforts of
countries in sub-Saharan Africa to implement national power
strategies and develop an appropriate mix of power solutions to
provide access to sufficient reliable, affordable, and sustainable
power in order to reduce poverty and drive economic growth and job
creation consistent with the policy stated in section 3.
(2) Flexibility and responsiveness.--The President shall ensure
that the strategy required under paragraph (1) maintains sufficient
flexibility for and remains responsive to concerns and interests of
affected local communities and technological innovation in the
power sector.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a report that contains the strategy
required under subsection (a) and includes a discussion of the
following elements:
(1) The objectives of the strategy and the criteria for
determining the success of the strategy.
(2) A general description of efforts in sub-Saharan Africa to--
(A) increase power production;
(B) strengthen electrical transmission and distribution
infrastructure;
(C) provide for regulatory reform and transparent and
accountable governance and oversight;
(D) improve the reliability of power;
(E) maintain the affordability of power;
(F) maximize the financial sustainability of the power
sector; and
(G) improve non-discriminatory access to power that is done
in consultation with affected communities.
(3) A description of plans to support efforts of countries in
sub-Saharan Africa to increase access to power in urban and rural
areas, including a description of plans designed to address
commercial, industrial, and residential needs.
(4) A description of plans to support efforts to reduce waste
and corruption, ensure local community consultation, and improve
existing power generation through the use of a broad power mix,
including fossil fuel and renewable energy, distributed generation
models, energy efficiency, and other technological innovations, as
appropriate.
(5) An analysis of existing mechanisms for ensuring, and
recommendations to promote--
(A) commercial cost recovery;
(B) commercialization of electric service through
distribution service providers, including cooperatives, to
consumers;
(C) improvements in revenue cycle management, power
pricing, and fees assessed for service contracts and
connections;
(D) reductions in technical losses and commercial losses;
and
(E) non-discriminatory access to power, including
recommendations on the creation of new service provider models
that mobilize community participation in the provision of power
services.
(6) A description of the reforms being undertaken or planned by
countries in sub-Saharan Africa to ensure the long-term economic
viability of power projects and to increase access to power,
including--
(A) reforms designed to allow third parties to connect
power generation to the grid;
(B) policies to ensure there is a viable and independent
utility regulator;
(C) strategies to ensure utilities become or remain
creditworthy;
(D) regulations that permit the participation of
independent power producers and private-public partnerships;
(E) policies that encourage private sector and cooperative
investment in power generation;
(F) policies that ensure compensation for power provided to
the electrical grid by on-site producers;
(G) policies to unbundle power services;
(H) regulations to eliminate conflicts of interest in the
utility sector;
(I) efforts to develop standardized power purchase
agreements and other contracts to streamline project
development;
(J) efforts to negotiate and monitor compliance with power
purchase agreements and other contracts entered into with the
private sector; and
(K) policies that promote local community consultation with
respect to the development of power generation and transmission
projects.
(7) A description of plans to ensure meaningful local
consultation, as appropriate, in the planning, long-term
maintenance, and management of investments designed to increase
access to power in sub-Saharan Africa.
(8) A description of the mechanisms to be established for--
(A) selection of partner countries for focused engagement
on the power sector;
(B) monitoring and evaluating increased access to, and
reliability and affordability of, power in sub-Saharan Africa;
(C) maximizing the financial sustainability of power
generation, transmission, and distribution in sub-Saharan
Africa;
(D) establishing metrics to demonstrate progress on meeting
goals relating to access to power, power generation, and
distribution in sub-Saharan Africa; and
(E) terminating unsuccessful programs.
(9) A description of how the President intends to promote trade
in electrical equipment with countries in sub-Saharan Africa,
including a description of how the government of each country
receiving assistance pursuant to the strategy--
(A) plans to lower or eliminate import tariffs or other
taxes for energy and other power production and distribution
technologies destined for sub-Saharan Africa, including
equipment used to provide energy access, including solar
lanterns, solar home systems, and micro and mini grids; and
(B) plans to protect the intellectual property of companies
designing and manufacturing products that can be used to
provide energy access in sub-Saharan Africa.
(10) A description of how the President intends to encourage
the growth of distributed renewable energy markets in sub-Saharan
Africa, including off-grid lighting and power, that includes--
(A) an analysis of the state of distributed renewable
energy in sub-Saharan Africa;
(B) a description of market barriers to the deployment of
distributed renewable energy technologies both on- and off-grid
in sub-Saharan Africa;
(C) an analysis of the efficacy of efforts by the Overseas
Private Investment Corporation and the United States Agency for
International Development to facilitate the financing of the
importation, distribution, sale, leasing, or marketing of
distributed renewable energy technologies; and
(D) a description of how bolstering distributed renewable
energy can enhance the overall effort to increase power access
in sub-Saharan Africa.
(11) A description of plans to ensure that small and medium
enterprises based in sub-Saharan Africa can fairly compete for
energy development and energy access opportunities associated with
this Act.
(12) A description of how United States investments to increase
access to energy in sub-Saharan Africa may reduce the need for
foreign aid and development assistance in the future.
(13) A description of policies or regulations, both
domestically and internationally, that create barriers to private
financing of the projects undertaken in this Act.
(14) A description of the specific national security benefits
to the United States that will be derived from increased energy
access in sub-Saharan Africa.
(c) Interagency Working Group.--
(1) In general.--The President may, as appropriate, establish
an Interagency Working Group to coordinate the activities of
relevant United States Government departments and agencies involved
in carrying out the strategy required under this section.
(2) Functions.--The Interagency Working Group may, among other
things--
(A) seek to coordinate the activities of the United States
Government departments and agencies involved in implementing
the strategy required under this section;
(B) ensure efficient and effective coordination between
participating departments and agencies; and
(C) facilitate information sharing, and coordinate
partnerships between the United States Government, the private
sector, and other development partners to achieve the goals of
the strategy.
SEC. 5. PRIORITIZATION OF EFFORTS AND ASSISTANCE FOR POWER PROJECTS IN
SUB-SAHARAN AFRICA BY KEY UNITED STATES INSTITUTIONS.
(a) In General.--In pursuing the policy goals described in section
3, the Administrator of the United States Agency for International
Development, the Director of the Trade and Development Agency, the
Overseas Private Investment Corporation, and the Chief Executive
Officer and Board of Directors of the Millennium Challenge Corporation
should, as appropriate, prioritize and expedite institutional efforts
and assistance to facilitate the involvement of such institutions in
power projects and markets, both on- and off-grid, in sub-Saharan
Africa and partner with other investors and local institutions in sub-
Saharan Africa, including private sector actors, to specifically
increase access to reliable, affordable, and sustainable power in sub-
Saharan Africa, including through--
(1) maximizing the number of people with new access to power
and power services;
(2) improving and expanding the generation, transmission and
distribution of power;
(3) providing reliable power to people and businesses in urban
and rural communities;
(4) addressing the energy needs of marginalized people living
in areas where there is little or no access to a power grid and
developing plans to systematically increase coverage in rural
areas;
(5) reducing transmission and distribution losses and improving
end-use efficiency and demand-side management;
(6) reducing energy-related impediments to business
productivity and investment; and
(7) building the capacity of countries in sub-Saharan Africa to
monitor and appropriately and transparently regulate the power
sector and encourage private investment in power production and
distribution.
(b) Effectiveness Measurement.--In prioritizing and expediting
institutional efforts and assistance pursuant to this section, as
appropriate, such institutions shall use clear, accountable, and
metric-based targets to measure the effectiveness of such guarantees
and assistance in achieving the goals described in section 3.
(c) Promotion of Use of Private Financing and Assistance.--In
carrying out policies under this section, such institutions shall
promote the use of private financing and assistance and seek ways to
remove barriers to private financing for projects and programs under
this Act, including through charitable organizations.
(d) Rule of Construction.--Nothing in this section may be construed
to authorize modifying or limiting the portfolio of the institutions
covered by subsection (a) in other developing regions.
SEC. 6. LEVERAGING INTERNATIONAL SUPPORT.
In implementing the strategy described in section 4, the President
should direct the United States representatives to appropriate
international bodies to use the influence of the United States,
consistent with the broad development goals of the United States, to
advocate that each such body--
(1) commit to significantly increase efforts to promote
investment in well-designed power sector and electrification
projects in sub-Saharan Africa that increase energy access, in
partnership with the private sector and consistent with the host
countries' absorptive capacity;
(2) address energy needs of individuals and communities where
access to an electricity grid is impractical or cost-prohibitive;
(3) enhance coordination with the private sector in sub-Saharan
Africa to increase access to electricity;
(4) provide technical assistance to the regulatory authorities
of sub-Saharan African governments to remove unnecessary barriers
to investment in otherwise commercially viable projects; and
(5) utilize clear, accountable, and metric-based targets to
measure the effectiveness of such projects.
SEC. 7. PROGRESS REPORT.
(a) In General.--Not later than three years after the date of the
enactment of this Act, the President shall transmit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on progress made toward
achieving the strategy described in section 4 that includes the
following:
(1) A report on United States programs supporting
implementation of policy and legislative changes leading to
increased power generation and access in sub-Saharan Africa,
including a description of the number, type, and status of policy,
regulatory, and legislative changes initiated or implemented as a
result of programs funded or supported by the United States in
countries in sub-Saharan Africa to support increased power
generation and access after the date of the enactment of this Act.
(2) A description of power projects receiving United States
Government support and how such projects, including off-grid
efforts, are intended to achieve the strategy described in section
4.
(3) For each project described in paragraph (2)--
(A) a description of how the project fits into, or
encourages modifications of, the national energy plan of the
country in which the project will be carried out, including
encouraging regulatory reform in that county;
(B) an estimate of the total cost of the project to the
consumer, the country in which the project will be carried out,
and other investors;
(C) the amount of financing provided or guaranteed by the
United States Government for the project;
(D) an estimate of United States Government resources for
the project, itemized by funding source, including from the
Overseas Private Investment Corporation, the United States
Agency for International Development, the Department of the
Treasury, and other appropriate United States Government
departments and agencies;
(E) an estimate of the number and regional locations of
individuals, communities, businesses, schools, and health
facilities that have gained power connections as a result of
the project, with a description of how the reliability,
affordability, and sustainability of power has been improved as
of the date of the report;
(F) an assessment of the increase in the number of people
and businesses with access to power, and in the operating
electrical power capacity in megawatts as a result of the
project between the date of the enactment of this Act and the
date of the report;
(G) a description of efforts to gain meaningful local
consultation for projects associated with this Act and any
significant estimated noneconomic effects of the efforts
carried out pursuant to this Act; and
(H) a description of the participation by small and medium
enterprises based in sub-Saharan Africa on projects associated
with this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 18, 2015. Electrify Africa Act of 2015 (Sec. 3) This bill states that it is U.S. policy to partner with the governments of sub-Saharan African countries, international financial institutions, and African regional economic communities, cooperatives, and private sectors to: promote first-time access to power services for at least 50 million people in sub-Saharan Africa by 2020; encourage the installation of at least 20,000 additional megawatts of electrical power in sub-Saharan Africa by 2020; promote reliable and affordable power in urban, rural, and under served areas; encourage necessary reforms to support electricity access projects and market-based power generation and distribution; promote policies to displace kerosene lighting with other technologies; promote an energy development strategy for sub-Saharan Africa that includes the use of oil, natural gas, coal, hydroelectric, wind, solar, and geothermal power; and promote the use of private financing and seek ways to remove barriers to private financing and assistance for projects, including through charitable organizations. (Sec. 4) The President shall: (1) establish a multiyear strategy to assist countries in sub-Saharan Africa implement national power strategies and develop an appropriate mix of power solutions to provide access to reliable, affordable, and sustainable power in order to reduce poverty and drive economic growth and job creation; and (2) ensure that the strategy remains responsive to local community concerns and technological innovation. The President may establish an interagency working group to coordinate the activities of U.S. government departments and agencies involved in carrying out the strategy. (Sec. 5) The U.S. Agency for International Development, the Trade and Development Agency, the Overseas Private Investment Corporation, and the Millennium Challenge Corporation are urged to: (1) prioritize efforts and assistance for power projects and markets in sub-Saharan Africa; and (2) partner with other investors and local institutions, including private sector actors, to increase access to reliable, affordable, and sustainable power. (Sec. 6) The President should use U.S. influence at international bodies to advocate for: increasing investment in power sector and electrification projects in sub-Saharan Africa, addressing energy needs of individuals and communities where electricity grid access is impractical or cost-prohibitive, enhancing private sector coordination, and assisting sub-Saharan African governments to remove unnecessary regulatory barriers to investment. (Sec. 7) Within three years the President shall transmit a strategy progress report to Congress which includes information regarding: (1) U.S. programs supporting policy and legislative changes leading to increased power generation and access in sub-Saharan Africa, and (2) power projects receiving U.S. government support. | {"src": "billsum_train", "title": "Electrify Africa Act of 2015"} | 3,372 | 596 | 0.803622 | 2.897289 | 0.767846 | 5.154851 | 6.223881 | 0.919776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boutique Fuels Reduction Act of
2004''.
SEC. 2. TEMPORARY WAIVERS DURING SUPPLY EMERGENCIES.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C))
is amended by inserting ``(i)'' after ``(C)'' and by adding the
following new clauses at the end thereof:
``(ii) The Administrator may temporarily waive a control or
prohibition respecting the use of a fuel or fuel additive required or
regulated by the Administrator pursuant to subsection (c), (h), (i),
(k), or (m) of this section or prescribed in an applicable
implementation plan under section 110 approved by the Administrator
under clause (i) of this subparagraph if, after consultation with, and
concurrence by, the Secretary of Energy, the Administrator determines
that--
``(I) extreme and unusual fuel or fuel additive supply
circumstances exist in a State or region of the Nation which
prevent the distribution of an adequate supply of the fuel or
fuel additive to consumers;
``(II) such extreme and unusual fuel and fuel additive
supply circumstances are the result of a natural disaster, an
Act of God, a pipeline or refinery equipment failure, or
another event that could not reasonably have been foreseen or
prevented and not the lack of prudent planning on the part of
the suppliers of the fuel or fuel additive to such State or
region; and
``(III) it is in the public interest to grant the waiver
(for example, when a waiver is necessary to meet projected
temporary shortfalls in the supply of the fuel or fuel additive
in a State or region of the Nation which cannot otherwise be
compensated for).
``(iii) If the Administrator makes the determinations required
under clause (ii), such a temporary extreme and unusual fuel and fuel
additive supply circumstances waiver shall be permitted only if--
``(I) the waiver applies to the smallest geographic area
necessary to address the extreme and unusual fuel and fuel
additive supply circumstances;
``(II) the waiver is effective for a period of 20 calendar
days or, if the Administrator determines that a shorter waiver
period is adequate, for the shortest practicable time period
necessary to permit the correction of the extreme and unusual
fuel and fuel additive supply circumstances and to mitigate
impact on air quality;
``(III) the waiver permits a transitional period, the exact
duration of which shall be determined by the Administrator,
after the termination of the temporary waiver to permit
wholesalers and retailers to blend down their wholesale and
retail inventory;
``(IV) the waiver applies to all persons in the motor fuel
distribution system; and
``(V) the Administrator has given public notice to all
parties in the motor fuel distribution system, local and State
regulators, public interest groups, and consumers in the State
or region to be covered by the waiver.
The term `motor fuel distribution system' as used in this clause shall
be defined by the Administrator through rulemaking.
``(iv) Within 180 days of the date of the enactment of the Boutique
Fuels Reduction Act of 2004, the Administrator shall promulgate
regulations to implement clauses (ii) and (iii).
``(v) Nothing in this Act shall--
``(I) limit or otherwise affect the application of any
other waiver authority of the Administrator pursuant to this
section or pursuant to a regulation promulgated pursuant to
this section; and
``(II) subject any State or person to an enforcement
action, penalties, or liability solely arising from actions
taken pursuant to the issuance of a waiver under this
subparagraph.''.
SEC. 3. CAP ON NUMBER OF BOUTIQUE FUELS.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)),
as amended by section 2, is further amended by adding at the end the
following:
``(vi)(I) The Administrator shall have no authority, when
considering a State implementation plan or a State implementation plan
revision under this subparagraph, to approve any fuel if the effect of
such approval would be to increase the total number of fuels approved
and fully implemented as of September 1, 2004 in all State
implementation plans.
``(II) Except for a fuel with a summertime Reid Vapor Pressure of
7.0 pounds per square inch, the Administrator shall have no authority,
when considering any particular State's implementation plan or a
revision to that State's implementation plan under this subparagraph,
to approve any fuel unless that fuel was, as of the date of such
consideration, approved and fully implemented in at least 1 State
implementation plan in the applicable Petroleum Administration for
Defense District. The preceding sentence shall not limit the
Administrator's authority to approve any new fuel in any such plan or
plan revision if such new fuel replaces an existing fuel without
increasing the total number of fuels approved and fully implemented as
of September 1, 2004 in all State implementation plans.
``(III) Nothing in this clause shall be construed to prohibit a
State from requiring the use of any fuel additive registered in
accordance with subsection (b), including any fuel additive registered
in accordance with subsection (b) after the enactment of this
subclause.''.
SEC. 4. STUDY AND REPORT TO CONGRESS ON BOUTIQUE FUELS.
(a) Joint Study.--The Administrator of the Environmental Protection
Agency and the Secretary of Energy shall undertake a study of the
effects on air quality, on the number of fuel blends, on fuel
availability, on fuel fungibility, and on fuel costs of the State plan
provisions adopted pursuant to section 211(c)(4)(C) of the Clean Air
Act (42 U.S.C. 7545(c)(4)(C)). The primary focus of such study shall be
to determine how to develop a Federal fuels system that maximizes motor
fuel fungibility and supply, preserves air quality standards, and
reduces motor fuel price volatility that results from the proliferation
of boutique fuels, and to recommend to the Congress such legislative
changes as are necessary to implement such a system. In furtherance of
such a study, the Administrator and the Secretary shall, as
appropriate, review studies and other actions of other Federal agencies
concerning boutique fuels with a view toward avoiding duplication of
effort and the need to expedite such study.
(b) Study Areas of Responsibility.--In carrying out the study
required by this section, the Administrator shall coordinate obtaining
comments from affected parties interested in the air quality impact
assessment portion of the study, and the Secretary shall coordinate
obtaining comments from affected parties interested in the fuel
availability, number of fuel blends, fuel fungibility, and fuel costs
portion of the study.
(c) Report to Congress.--The Administrator and the Secretary
jointly shall submit the results of the study required by this section
in a report to the Congress not later than 12 months after the date of
the enactment of this Act, together with any recommended regulatory and
legislative changes. Such report shall be submitted to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``Secretary'' means the Secretary of Energy. | Boutique Fuels Reduction Act of 2004 - Amends the Clean Air Act (CAA) to authorize the Administrator of the Environmental Protection Agency to temporarily waive controls or prohibitions on the use of a fuel or fuel additive regulated under specified provisions of that Act or prescribed in an applicable State Implementation Plan (SIP) if the Administrator determines that: (1) extreme and unusual circumstances exist in a State or region that prevent distribution of an adequate supply of the fuel or fuel additive to consumers; (2) such circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another unforeseeable event; and (3) it is in the public interest to grant the waiver.
Permits such a waiver only if it: (1) applies to the smallest necessary geographic area; (2) is effective for 20 days or the shortest practicable time period; (3) permits a transitional period after the termination of the temporary waiver to allow wholesalers and retailers to blend down their inventory; (4) applies to all persons in the motor fuel distribution system; and (5) is preceded by public notice to all parties in the distribution system, local and State regulators, public interest groups, and consumers in the State or region covered by the waiver.
States that the Administrator shall have no authority, when considering a SIP or SIP revision regarding State controls or prohibitions on motor vehicle fuel or fuel additives, to approve any fuel: (1) if doing so would increase the total number of approved and fully implemented fuels as of September 1, 2004, in all SIPs; and (2) unless that fuel was approved and fully implemented in at least one SIP in the applicable Petroleum Administration for Defense District (with the exception of fuels with a specified summertime Reid Vapor Pressure).
Requires the Administrator and the Secretary of Energy jointly to study and report to Congress on the effects on air quality, number of fuel blends, fuel availability, fuel fungibility, and fuel costs of SIPs adopted pursuant to CAA provisions regarding State controls or prohibitions on motor vehicle fuel or fuel additives. | {"src": "billsum_train", "title": "To amend the Clean Air Act to reduce the proliferation of boutique fuels, and for other purposes."} | 1,655 | 445 | 0.704255 | 2.406206 | 0.846974 | 4.486553 | 3.731051 | 0.91687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Crop Insurance Fairness
Act''.
SEC. 2. LEVELS OF COVERAGE IN EXCESS OF 75 PERCENT OF RECORDED OR
APPRAISED AVERAGE YIELD.
Subsection (a) of section 508 of the Federal Crop Insurance Act (7
U.S.C. 1508(a)) is amended to read as follows:
``(a) Authority to Offer Insurance.--
``(1) In general.--If sufficient actuarial data are
available, as determined by the Board, the Corporation may
insure producers of agricultural commodities grown in the
United States under any plan or plans of insurance determined
by the Board to be adapted to the agricultural commodity
involved.
``(2) Causes.--The insurance shall be against loss of the
insured commodity due to unavoidable causes, including drought,
flood, hail, wind, frost, winterkill, lightning, fire,
excessive rain, snow, wildlife, hurricane, tornado, insect
infestation, plant disease, and such other unavoidable causes
as may be determined by the Board.
``(3) Period.--
``(A) In general.--Except in the case of tobacco,
insurance shall not extend beyond the period the
insured commodity is in the field.
``(B) Definition of field.--For purposes of
subparagraph (A), in the case of aquacultural species,
the term `field' means the environment in which the
commodity is produced.
``(4) Standard yield coverage.--
``(A) In general.--Subject to subparagraph (B), any
insurance offered against loss in yield shall make
available to producers protection against loss in yield
that covers 75 percent of the recorded or appraised
average yield of the commodity on the insured farm for
a representative period.
``(B) Adjustments.--Average yields established
under subparagraph (A) shall be subject to such
adjustments as the Board may prescribe to the end that
the average yields fixed for farms in the same area,
that are subject to the same conditions, may be fair
and just.
``(5) Lesser yield coverage.--In addition, the Corporation
shall make available to producers lesser levels of yield
coverage, including a level of coverage at 50 percent of the
recorded or appraised average yield, as adjusted.
``(6) Adjusted yields.--In the case of any commodity for
which the Agricultural Stabilization and Conservation Service
has established for the farming unit involved an adjusted yield
for the purposes of programs administered by the Service (or a
yield for crop insurance purposes under this title), if the
yield is greater than the recorded or the appraised yield, as
established by the Corporation, of a commodity on the farming
unit, insurance coverage may be provided to cover against the
loss in yield of the commodity on the basis of the adjusted
yield for the commodity established by the Service rather than
the recorded or appraised yield as established by the
Corporation.
``(7) Additional premiums.--Additional insurance under this
subsection shall be provided for an additional premium (for
which no premium subsidy or administrative subsidy may be
provided) set at such rate as the Board determines--
``(A) appropriate to reflect accurately the
increased risk involved; and
``(B) actuarially sufficient to--
``(i) cover claims for losses on the
insurance; and
``(ii) establish a reasonable reserve
against unforeseen losses.
``(8) Levels of coverage in excess of 75 percent of
recorded or appraised average yield.--The Corporation may make
available to producers on a farm located in a growing area a
level of coverage in excess of 75 percent of the recorded or
appraised average yield, as adjusted, if the Corporation
determines that normal variations in yield in the growing area
have not resulted in the payment of claims for losses while the
level of coverage is limited to 75 percent.
``(9) Maximum level of coverage.--Except as provided in
paragraphs (6) through (8), the Corporation may not make
available to producers any level of coverage in excess of 75
percent of the recorded or appraised average yield, as
adjusted.
``(10) Projected market price option.--One of the price
elections offered shall approximate (but be not less than 90
percent of) the projected market price for the commodity
involved, as determined by the Board.
``(11) Uninsured losses.--Insurance provided under this
subsection shall not cover losses due to--
``(A) the neglect or malfeasance of the producer;
``(B) the failure of the producer to reseed to the
same crop in areas and under circumstances where it is
customary to so reseed; or
``(C) the failure of the producer to follow
established good farming practices.
``(12) Insurance risks.--The Board may limit or refuse
insurance in any county or area, or on any farm, on the basis
of the insurance risk involved.
``(13) Agricultural income in counties.--Insurance shall
not be provided on any agricultural commodity in any county in
which the Board determines that the income from the commodity
constitutes an unimportant part of the total agricultural
income of the county, except that insurance may be provided for
producers on farms situated in a local producing area bordering
on a county with a crop-insurance program.
``(14) Annual reports.--The Corporation shall report
annually to Congress the results of the operations of the
Corporation as to each commodity insured.
``(15) Project market price level.--Beginning with the 1992
crop year, the Corporation shall establish a price level for
each commodity on which insurance is offered that shall not be
less than the projected market price for the commodity, as
determined by the Board.
``(16) Price election.--Insurance coverage shall be made
available to a producer on the basis of any price election that
equals or is less than that established by the Board. The
coverage shall be quoted in terms of dollars per acre.''.
SEC. 3. LATE PLANTING COVERAGE.
Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is
amended by adding at the end the following new subsection:
``(n) Late Planting Coverage.--
``(1) In general.--Producers on a farm entering into a crop
insurance contract under this Act shall be offered late
planting coverage that would permit planting after the final
planting date for a commodity by up to 25 days for coverage
under the contract.
``(2) Reduction of coverage.--If the producers on a farm
purchase late planting coverage under paragraph (1), the yield
guarantee shall be reduced by--
``(A) 1 percent per day for each of the 1st through
10th days planting is delayed beyond the normal final
planting date;
``(B) 2 percent per day for each of the 11th
through 25th days planting is delayed beyond the normal
final planting date; and
``(C) such other amounts as can be demonstrated to
offset the additional insurer risk of providing the
coverage.
``(3) Presumption of coverage.--The producers on a farm
shall have late planting coverage as part of a basic policy of
insurance under this Act unless the producers notify the
Corporation that the producers waive late planting coverage.
``(4) Raises in premiums.--If the Corporation determines
that late planting coverage would raise premiums to such an
extent as to discourage participation in the program
established by this Act, the Corporation shall offer late
planting as a separate endorsement.''.
SEC. 4. PREVENTED PLANTING COVERAGE.
Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) (as
amended by section 3 of this Act) is further amended by adding at the
end the following new subsection:
``(o) Prevented Planting Coverage.--
``(1) In general.--Producers on a farm entering into a crop
insurance contract under this Act shall have prevented planting
coverage as part of the basic policy of insurance under this
Act.
``(2) Coverage.--If the producers on a farm are prevented
from planting a crop of a covered commodity as the result of
excess moisture, drought, or other natural disaster, the
producers shall be eligible for coverage equal to 50 percent of
the guaranteed level of coverage for the crop.
``(3) Substitute crop.--The producers on a farm shall have
the option of planting a substitute crop, in lieu of an insured
crop, as part of the basic policy of insurance under this Act.
The value of the substitute crop shall offset the remaining
guaranteed level of coverage for the insured crop.
``(4) Presumption of coverage.--The producers on a farm
shall have prevented planting coverage as part of a basic
policy of insurance made available under this Act unless the
producers notify the Corporation that the producers waive
prevented planting coverage.
``(5) Raises in premiums.--If the Corporation determines
that prevented planting coverage would raise premiums to such
an extent as to discourage participation in the program
established by this Act, the Corporation shall offer prevented
planting as a separate endorsement.''.
SEC. 5. ELIMINATION OF PENALTY FOR DE MINIMIS YIELDS.
Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) (as
amended by section 4 of this Act) is further amended by adding at the
end the following new subsection:
``(p) De Minimis Yields.--The Corporation shall, to the extent
practicable, establish a procedure under which a producer of an insured
crop that has suffered a disaster loss shall not have deducted from the
indemnity payment attributable to the loss any amount for actual
production of the crop if the estimated market value of the actual
production is less than the cost to the producer of harvesting the
production.''.
SEC. 6. YIELD AVERAGES.
Section 508A(b) of the Federal Crop Insurance Act (7 U.S.C.
1508a(b)) is amended by adding at the end the following new paragraph:
``(4) Yield averages.--
``(A) In general.--Yield coverage under this
section shall be based on the average of a producer's
actual proven crop yields for a commodity over no less
than 4 crop years and no more than 10 crop years, as
determined under this paragraph.
``(B) Establishing a minimum level of insurance
protection.--The Corporation shall establish a minimum
level of insurance protection for those covered
producers who have had reduced yields due to natural
disasters.
``(C) Use of transitional or actual yields.--
Transitional yield data may only be used to establish a
yield for the producers on a farm to the extent the
producers have not established actual production
history for the first 4 crop years the producers
operate the farm. After producers establish actual
production history for the first 4 crop years the
producers operate the farm, yield coverage under this
section shall be based only on the actual production
history for the commodity for the farm.
``(D) Use of yields for previous crop years.--In
the case of producers on a farm who operate a new
parcel of land, for crop insurance purposes, the
producers may elect to apply--
``(i) the previous yield history for the
land, if the Corporation determines the yield
data to be actuarially sound; or
``(ii) transitional yield data to the
parcel of land.
``(E) Nonstandard classification procedures.--The
Corporation shall make adjustments in the Nonstandard
Classification procedures established under subpart O
of part 400 of chapter IV of subtitle B of title 7,
Code of Federal Regulations, to account for producer
yield declines due to recurrent natural disasters.
``(F) Definition of transitional yield.--For
purposes of this paragraph, the term `transitional
yield' means the countywide average used by the
Corporation to establish a yield for the producers on a
farm if there are no actual production records
available for the producers.''. | Federal Crop Insurance Fairness Act - Amends the Federal Crop Insurance Act with respect to: (1) yield averages; (2) late planting coverage; (3) prevented planting coverage; and (4) de minimis yield penalties. | {"src": "billsum_train", "title": "Federal Crop Insurance Fairness Act"} | 2,666 | 47 | 0.486961 | 1.095923 | 0.886083 | 2.521739 | 53.108696 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Model T Ford Automobile
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) More than 15,000,000 Model T Fords were produced
between October 1, 1908, and May 26, 1927.
(2) By fostering unprecedented personal mobility, the Model
T drove the transformation of the landscape, the economy, and
the social life of America.
(3) The assembly line developed for Model T production
became the characteristic mode of production in the 20th
century and made manufactured goods available in unprecedented
abundance.
(4) The vast numbers of high wage, low skill jobs needed on
assembly lines gave millions of Americans access to a middle
class life.
(5) At the height of its popularity, the Model T was
manufactured in 20 countries, on every continent except
Antarctica.
(6) In 1999 a panel of automotive experts from across the
globe chose the Model T as the ``Car of the Century'' because
of its pervasive, enduring influence.
(7) 2010 will mark the 100th anniversary of the Highland
Park Plant, the birthplace of the assembly line.
SEC. 3. COIN SPECIFICATIONS.
(a) Denomination.--In commemoration of the 100th anniversary of the
Model T Ford Automobile, 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 sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the Model T Ford and the assembly
line.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin; and
(B) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage 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) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning on January 1, 2010.
(c) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the sum of the face value of the coins, the surcharge required
under section 7(a) for the coins, and the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery,
overhead expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, the first $5,000,000 of the surcharges received by the
Secretary from the sale of coins issued under this Act shall be paid by
the Secretary as follows:
(1) Motor cities national heritage area.--Up to \1/2\ to
the Automobile National Heritage Area Partnership Inc. for
creating an endowment for--
(A) supporting the celebration and preservation of
the Model T story; and
(B) maintaining and expanding national Model T
educational programs.
(2) The edison institute.--Up to \1/2\ to the Edison
Institute, otherwise known as ``The Henry Ford'', in Dearborn,
Michigan, a National Historic Landmark, for creating an
endowment for maintaining and expanding displays and developing
educational programs associated with the Model T Ford
Automobile.
(c) Audits.--Each organization that receives any payment from the
Secretary under this section shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code. | Model T Ford Automobile Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue, in commemoration of the 100th anniversary of the Model T Ford Automobile, up to 500,000 $1 coins emblematic of the Model T Ford and the assembly line.
Subjects coin sales to a surcharge of $10 per coin.
Requires specified distributions of surcharges to: (1) the Automobile National Heritage Area Partnership Inc. for creating an endowment for national Model T educational programs; and (2) the Edison Institute (also known as "The Henry Ford"), in Dearborn, Michigan, a National Historic Landmark, for creating an endowment for educational programs associated with the Model T Ford Automobile. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the Model T Ford Automobile and the 100th anniversary of the Highland Park Plant, Michigan, the birthplace of the assembly line, and for other purposes."} | 1,185 | 157 | 0.471099 | 1.502713 | 0.798896 | 4.731343 | 7.910448 | 0.925373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Juvenile Justice and
Delinquency Prevention Improvement Act''.
SEC. 2. AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION
ACT OF 1974.
(a) Definitions.--Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (8), by striking ``an Indian tribe which
performs law enforcement functions as determined by the
Secretary of the Interior,'';
(2) in paragraph (9)--
(A) by striking ``States or units of general local
government'' and inserting ``States, units of general
local government, or Indian tribes''; and
(B) by striking ``States or units'' and inserting
``States, units, or Indian tribes'';
(3) in paragraph (11), by striking ``any State, unit of
local government, combination of such States or units'' and
inserting ``any State, unit of general local government, Indian
tribe, combination of 1 or more States, units of general local
government, or Indian tribes'';
(4) by striking paragraph (18) and inserting the following:
``(18) the term `Indian tribe' means any Indian tribe,
band, nation, or other organized group or community, including
any Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians;'';
and
(5) in paragraph (22), by inserting ``Indian tribe,'' after
``unit of local government,''.
(b) Technical Amendment.--Part B of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.)
is amended by striking the heading and inserting the following:
``Part B--Federal Assistance for State and Local Programs and Programs
for Indian Tribes
``Subpart I--Federal Assistance for State and Local Programs''.
(c) Elimination of Pass-Through for Indian Tribes.--Section 223(a)
of the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5633(a)) is amended--
(1) in paragraph (4), by inserting ``and Indian tribes''
after ``units of general local government'';
(2) in paragraph (5)--
(A) in subparagraph (A), by striking the semicolon
at the end and inserting ``, except that with respect
to any cooperative program conducted with an Indian
tribe, the participation of the Indian tribe shall be
funded from the amounts made available under subpart II
of this part; and'';
(B) in subparagraph (B), by striking ``and'' at the
end; and
(C) by striking subparagraph (C);
(3) in paragraph (6)--
(A) by inserting ``(A)'' before ``provide that'';
(B) by striking ``programs funded under this part''
and inserting ``programs funded under this subpart'';
(C) by striking the semicolon at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(B) with respect to any case in which an Indian tribe
participates in a cooperative program under paragraph (5)(A),
provide that the appropriate official of the governing body of
an Indian tribe assign responsibility for the preparation and
administration of the Indian tribe's part of the applicable
State plan, or for the supervision of the preparation and
administration of the Indian tribe's part of the State plan;'';
(4) in paragraph (24), by striking ``and'' at the end;
(5) in paragraph (25), by striking the period at the end
and inserting a semicolon; and
(6) by adding at the end the following:
``(26) provide assurance that, in carrying out the plan
under this section, the State will take appropriate action to
improve--
``(A) communication between the State and units of
general local government and Indian tribes;
``(B) cooperation between the State and units of
general local government and Indian tribes; and
``(C) intergovernmental relationships between the
State and units of general local government and Indian
tribes; and
``(27) provide, as appropriate, a description and analysis
of any disproportionate representation in the juvenile justice
system of Native Americans (as that term is defined in section
16(10) of the National Museum of the American Indian Act (20
U.S.C. 80q-14(10))) including, if appropriate,
any disproportionate representation of Alaska Natives (within the
meaning of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) from--
``(A) urban populations; and
``(B) populations that are not, as of the date of
development of the plan, recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as
Indians.''.
(d) Federal Assistance for Programs for Indian Tribes.--Part B of
title II of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5611 et seq.) is amended by adding at the end the following:
``Subpart II--Federal Assistance for Programs for Indian Tribes
``SEC. 221. ESTABLISHMENT OF PROGRAM.
``(a) In General.--The Administrator shall, by regulation,
establish a program to provide direct grants to Indian tribes in
accordance with this section. Each grant made under this section to an
Indian tribe shall be used by the governing body of the Indian tribe--
``(1) for planning, establishing, operating, coordinating,
and evaluating projects for achieving compliance with the
requirements specified in paragraphs (12)(A), (13), and (14) of
section 223, and otherwise meeting any applicable requirements
of this Act; and
``(2) for otherwise conducting activities to promote the
improvement of the juvenile justice system of that Indian
tribe.
``(b) Plans.--As part of an application for a grant under this
section, an Indian tribe shall submit a plan for conducting activities
described in subsection (a). The plan shall--
``(1) provide evidence that the Indian tribe performs law
enforcement functions (as determined by the Secretary of the
Interior);
``(2) identify the juvenile justice and delinquency
problems and juvenile delinquency prevention needs to be
addressed by activities conducted by the Indian tribe in the
area under the jurisdiction of the Indian tribe with assistance
provided by the grant;
``(3) provide for fiscal control and accounting procedures
that--
``(A) are necessary to ensure the prudent use,
proper disbursement, and accounting of funds received
under this subchapter; and
``(B) are consistent with the requirements of
section 232; and
``(4) contain such other information, and be subject to
such additional requirements, as the Administrator may
reasonably prescribe to ensure the effectiveness of the grant
program under this subpart.
``(c) Factors for Consideration.--In awarding grants under this
section, the Administrator shall consider--
``(1) the resources that are available to each applicant
that will assist, and be coordinated with, the overall juvenile
justice system of the Indian tribe; and
``(2) for each Indian tribe that receives assistance under
such a grant--
``(A) the relative population of individuals under
the age of 18; and
``(B) who will be served by the assistance provided
by the grant.
``(d) Grant Awards.--
``(1) In general.--
``(A) Competitive awards.--Except as provided in
paragraph (2), the Administrator shall annually award
grants under this section on a competitive basis. The
Administrator shall enter into a grant agreement with
each grant recipient under this section that specifies
the terms and conditions of the grant.
``(B) Period of grant.--The period of a grant
awarded under this section shall be 1 year.
``(2) Exception.--In any case in which the Administrator
determines that a grant recipient under this section has
performed satisfactorily during the preceding year in
accordance with an applicable grant agreement, the
Administrator may--
``(A) waive the requirement that the recipient be
subject to the competitive award process described in
paragraph (1); and
``(B) renew the grant for an additional grant
period (as specified in paragraph (1)(B)).
``(3) Modifications of processes.--The Administrator may
prescribe requirements to provide for appropriate modifications
to the plan preparation and application process specified in
this section for an application for a renewal grant under this
subsection.
``SEC. 232. REPORTING REQUIREMENT.
``Each Indian tribe that receives a grant under section 231 is
subject to the fiscal accountability provisions of section 5(f)(1) of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450c(f)(1)), relating to the submission of a single-agency audit report
required by chapter 75 of title 31, United States Code.
``SEC. 233. TECHNICAL ASSISTANCE.
``The Administrator shall establish a program to provide technical
assistance to assist Indian tribes in carrying out the activities
described in section 231(a).
``SEC. 234. COORDINATION WITH STATE ADVISORY GROUPS.
``In carrying out the programs under this subpart, the
Administrator shall, not later than 180 days after the end of the
fiscal year during which the Indian Juvenile Justice and Delinquency
Prevention Improvement Act is enacted, and annually thereafter, issue a
report to each advisory group established under a State plan under
section 223(a)(3) that includes information relating to each grant
awarded under section 231, including the amount of the grant.
``SEC. 235. RULE OF CONSTRUCTION.
``Nothing in this subpart may be construed to affect in any manner
the jurisdiction of an Indian tribe with respect to land or persons in
Alaska.
``SEC. 236. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Department of
Justice to carry out this subpart, $10,000,000 for each of fiscal years
1998 through 2001.''. | Indian Juvenile Justice and Delinquency Prevention Improvement Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to eliminate the pass-through of Federal assistance to Indian tribes that perform law enforcement functions (as determined by the Secretary of the Interior) and that agree to certain requirements applicable to the detention and confinement of juveniles. Requires that, with respect to any cooperative program conducted with an Indian tribe, the participation of the Indian tribe shall be funded from amounts made available under the program established by this Act to provide direct grants to Indian tribes.
Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention, by regulation, to establish a program to provide direct grants to Indian tribes in accordance with this Act. Requires each grant made to an Indian tribe to be used by the governing body of the Indian tribe for: (1) establishing, operating, and evaluating projects for achieving compliance with certain requirements relating to juvenile detention, and otherwise meeting any applicable requirements of this Act; and (2) otherwise conducting activities to promote the improvement of the juvenile justice system of that Indian tribe. Requires an Indian tribe, as part of an application for a grant, to submit a specified plan for conducting activities described in the preceding.
Directs the Administrator to: (1) annually award grants on a competitive basis; and (2) enter into a grant agreement with each grant recipient that specifies the terms and conditions of the grant. States that the period of a grant awarded shall be one year. Permits the Administrator, in any case in which the Administrator determines that a grant recipient has performed satisfactorily during the preceding year in accordance with an applicable grant agreement, to: (1) waive the requirement that the recipient be subject to the competitive award process described; and (2) renew the grant for an additional grant period.
Makes each Indian tribe that receives a grant subject to a specified reporting requirement.
Directs the Administrator to: (1) establish a program to provide technical assistance to assist Indian tribes in carrying out the activities described; and (2) after the end of the fiscal year during which this Act is enacted, and annually thereafter, issue a report to each advisory group established under a State plan that includes information relating to each grant awarded, including the amount of the grant.
Authorizes appropriations. | {"src": "billsum_train", "title": "Indian Juvenile Justice and Delinquency Prevention Improvement Act"} | 2,401 | 507 | 0.590962 | 1.800211 | 0.716338 | 4.868709 | 4.778993 | 0.943107 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Four Corners Interpretive Center
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Four Corners Monument is nationally significant as
the only geographic location in the United States where 4 State
boundaries meet;
(2) the States with boundaries that meet at the Four
Corners area are Arizona, Colorado, New Mexico, and Utah;
(3) between 1868 and 1875 the boundary lines that created
the Four Corners were drawn, and in 1899 a monument was erected
at the site;
(4) a United States postal stamp will be issued in 1999 to
commemorate the centennial of the original boundary marker;
(5) the Four Corners area is distinct in character and
possesses important historical, cultural, and prehistoric
values and resources within the surrounding cultural landscape;
(6) although there are no permanent facilities or utilities
at the Four Corners Monument Tribal Park, each year the park
attracts approximately 250,000 visitors;
(7) the area of the Four Corners Monument Tribal Park falls
entirely within the Navajo Nation or Ute Mountain Ute Tribe
reservations;
(8) the Navajo Nation and the Ute Mountain Ute Tribe have
entered into a Memorandum of Understanding governing the
planning and future development of the Four Corners Monument
Tribal Park;
(9) in 1992, through agreements executed by the governors
of Arizona, Colorado, New Mexico, and Utah, the Four Corners
Heritage Council was established as a coalition of State,
Federal, tribal, and private interests;
(10) the State of Arizona has obligated $45,000 for
planning efforts and $250,000 for construction of an
interpretive center at the Four Corners Monument Tribal Park;
(11) numerous studies and extensive consultation with
American Indians have demonstrated that development at the Four
Corners Monument Tribal Park would greatly benefit the people
of the Navajo Nation and the Ute Mountain Ute Tribe;
(12) the Arizona Department of Transportation has completed
preliminary cost estimates that are based on field experience
with rest-area development for the construction for a Four
Corners Monument Interpretive Center and surrounding
infrastructure, including restrooms, roadways, parking, water,
electrical, telephone, and sewage facilities;
(13) an interpretive center would provide important
educational and enrichment opportunities for all Americans; and
(14) Federal financial assistance and technical expertise
are needed for the construction of an interpretive center.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the importance of the Four Corners
Monument and surrounding landscape as a distinct area in the
heritage of the United States that is worthy of interpretation
and preservation;
(2) to assist the Navajo Nation and the Ute Mountain Ute
Tribe in establishing the Four Corners Interpretive Center and
related facilities to meet the needs of the general public;
(3) to highlight and showcase the collaborative resource
stewardship of private individuals, Indian tribes,
universities, federal agencies, and the governments of States
and political subdivisions thereof (including counties); and
(4) to promote knowledge of the life, art, culture,
politics, and history of the culturally diverse groups of the
Four Corners region.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Center.--The term ``Center'' means the Four Corners
Interpretive Center established under section 4, including
restrooms, parking areas, vendor facilities, sidewalks,
utilities, exhibits, and other visitor facilities.
(2) Four corners heritage council.--The term ``Four Corners
Heritage Council'' means the nonprofit coalition of Federal,
State, and tribal entities established in 1992 by agreements of
the Governors of the States of Arizona, Colorado, New Mexico,
and Utah.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Recipient.--The term ``Recipient'' means the State of
Arizona, Colorado, New Mexico, or Utah, or any consortium of
two or more of these states.
(5) Four corners monument.--The term ``Four Corners
Monument'' means the physical monument where the boundaries of
the states of Arizona, Colorado, New Mexico and Utah meet.
(6) Four corners monument tribal park.--The term ``Four
Corners Monument Tribal Park'' means lands within the legally
defined boundary of the Four Corners Monument Tribal Park.
SEC. 4. FOUR CORNERS MONUMENT INTERPRETIVE CENTER.
(a) Establishment.--Subject to the availability of appropriations,
the Secretary is authorized to establish within the boundaries of the
Four Corners Monument Tribal Park a center for the interpretation and
commemoration of the Four Corners Monument, to be known as the ``Four
Corners Interpretive Center''.
(b) Land Designated and Made Available.--Land for the Center shall
be designated and made available by the Navajo Nation or the Ute
Mountain Ute Tribe within the boundary of the Four Corners Monument
Tribal Park in consultation with the Four Corners Heritage Council and
in accordance with--
(1) the memorandum of understanding between the Navajo
Nation and the Ute Mountain Ute Tribe that was entered into on
October 22, 1996; and
(2) applicable supplemental agreements with the Bureau of
Land Management, the National Park Service, the United States
Forest Service.
(c) Concurrence.--Notwithstanding any other provision of this act,
no such center shall be established without the consent of the Navajo
Nation and the Ute Mountain Ute Tribe.
(d) Components of Center.--The Center shall include--
(1) a location for permanent and temporary exhibits
depicting the archaeological, cultural, and natural heritage of
the Four Corners region;
(2) a venue for public education programs;
(3) a location to highlight the importance of efforts to
preserve southwestern archaeological sites and museum
collections;
(4) a location to provide information to the general public
about cultural and natural resources, parks, museums, and
travel in the Four Corners region; and
(5) visitor amenities including restrooms, public
telephones, and other basic facilities.
SEC. 5. CONSTRUCTION GRANT.
(a) Grant.--The Secretary is authorized to award a Federal grant to
the recipient described in section 3(4) for up to 50 percent of the
cost to construct the Center. To be eligible for the grant, the
recipient shall provide assurances that--
(1) the non-Federal share of the costs of construction is
paid from non-Federal sources. The non-Federal sources may
include contributions made by States, private sources, the
Navajo Nation and the Ute Mountain Ute Tribe for planning,
design, construction, furnishing, startup, and operational
expenses;
(2) the aggregate amount of non-Federal funds contributed
by the States used to carry out the activities specified in
subparagraph (A) will not be less than $2,000,000, of which
each of the states that is party to the grant will contribute
equally in cash or in kind;
(3) States may use private funds to meet the requirements
of paragraph (2); and
(4) the State of Arizona may apply $45,000 authorized by
the State of Arizona during fiscal year 1998 or fiscal year
1999 for planning and $250,000 that is held in reserve by that
State for construction towards the Arizona share.
(b) Grant Requirements.--In order to receive a grant under this
act, the recipient shall--
(1) submit to the Secretary a proposal that meets all
applicable--
(A) laws, including building codes and regulations;
(B) requirements under the Memorandum of
Understanding described in paragraph (2) of this
subsection; and
(C) provides such information and assurances as the
Secretary may require;
(2) enter into a Memorandum of Understanding (MOU) with the
Secretary providing--
(A) a timetable for completion of construction and
opening of the Center;
(B) assurances that design, architectural and
construction contracts will be competitively awarded;
(C) specifications meeting all applicable Federal,
State, and local building codes and laws;
(D) arrangements for operations and maintenance
upon completion of construction;
(E) a description of center collections and
educational programming;
(F) a plan for design of exhibits including, but
not limited to, collections to be exhibited, security,
preservation, protection, environmental controls, and
presentations in accordance with professional museum
standards;
(G) an agreement with the Navajo Nation and the Ute
Mountain Ute Tribe relative to site selection and
public access to the facilities; and
(H) a financing plan developed jointly by the
Navajo Nation and the Ute Mountain Ute Tribe outlining
the long-term management of the Center, including but
not limited to--
(i) the acceptance and use of funds derived
from public and private sources to minimize the
use of appropriated or borrowed funds;
(ii) the payment of the operating costs of
the Center through the assessment of fees or
other income generated by the Center;
(iii) a strategy for achieving financial
self-sufficiency with respect to the Center by
not later than 5 years after the date of
enactment of this Act; and
(iv) appropriate vendor standards and
business activities at the Four Corners
Monument Tribal Park.
SEC. 6. SELECTION OF GRANT RECIPIENT.
The Secretary is authorized to award a grant in accordance with the
provisions of this Act. The Four Corners Heritage Council may make
recommendations to the Secretary on grant proposals regarding the
design of facilities at the Four Corners Monument Tribal Park.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated to
carry out this Act--
(1) $2,000,000 for fiscal year 2000; and
(2) $50,000 for each of fiscal years 2001-2005 for
maintenance and operation of the center, program development,
or staffing in a manner consistent with the requirements of
section 5(b).
(b) Carryover.--Funds made available under this section that are
unexpended at the end of the fiscal year for which those funds are
appropriated may be used by the Secretary through fiscal year 2002 for
the purposes for which those funds were made available.
(c) Reservation of Funds.--The Secretary may reserve funds
appropriated to carry out this Act until a proposal meeting the
requirements of this Act is submitted, but no later than September 30,
2001.
SEC. 8. DONATIONS.
Notwithstanding any other provision of law, for purposes of the
planning, construction, and operation of the Center, the Secretary may
accept, retain, and expand donations of funds, and use property or
services donated from private persons and entities or from public
entities.
SEC. 9. STATUTORY CONSTRUCTION.
Nothing in this Act is intended to abrogate, modify, or impair any
right or claim of the Navajo Nation or the Ute Mountain Ute Tribe, that
is based on any law (including any treaty, Executive order, agreement,
or Act of Congress). | Authorizes the Secretary, under specified conditions, to award a Federal grant to a recipient (Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of these States) for up to 50 percent of the cost to construct the Center.
Authorizes appropriations. | {"src": "billsum_train", "title": "Four Corners Interpretive Center Act"} | 2,430 | 66 | 0.443448 | 1.13094 | -0.092249 | 6.836364 | 41.036364 | 0.945455 |
Described.--In this section, the term ``joint
resolution'' means a joint resolution--
(1) entitled ``A joint resolution proposing an amendment to
the Constitution of the United States to repeal the 23rd
article of amendment''; and
(2) the matter after the resolving clause of which consists
solely of text to amend the Constitution of the United States
to repeal the 23rd article of amendment to the Constitution.
(b) Expedited Consideration in House of Representatives.--
(1) Placement on calendar.--Upon introduction in the House
of Representatives, the joint resolution shall be placed
immediately on the appropriate calendar.
(2) Proceeding to consideration.--
(A) In general.--It shall be in order, not later
than 30 legislative days after the date the joint
resolution is introduced in the House of
Representatives, to move to proceed to consider the
joint resolution in the House of Representatives.
(B) Procedure.--For a motion to proceed to consider
the joint resolution--
(i) all points of order against the motion
are waived;
(ii) such a motion shall not be in order
after the House of Representatives has disposed
of a motion to proceed on the joint resolution;
(iii) the previous question shall be
considered as ordered on the motion to its
adoption without intervening motion;
(iv) the motion shall not be debatable; and
(v) a motion to reconsider the vote by
which the motion is disposed of shall not be in
order.
(3) Consideration.--When the House of Representatives
proceeds to consideration of the joint resolution--
(A) the joint resolution shall be considered as
read;
(B) all points of order against the joint
resolution and against its consideration are waived;
(C) the previous question shall be considered as
ordered on the joint resolution to its passage without
intervening motion except 10 hours of debate equally
divided and controlled by the proponent and an
opponent;
(D) an amendment to the joint resolution shall not
be in order; and
(E) a motion to reconsider the vote on passage of
the joint resolution shall not be in order.
(c) Expedited Consideration in Senate.--
(1) Placement on calendar.--Upon introduction in the
Senate, the joint resolution shall be placed immediately on the
calendar.
(2) Proceeding to consideration.--
(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order, not later
than 30 legislative days after the date the joint
resolution is introduced in the Senate (even though a
previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the
joint resolution.
(B) Procedure.--For a motion to proceed to the
consideration of the joint resolution--
(i) all points of order against the motion
are waived;
(ii) the motion is not debatable;
(iii) the motion is not subject to a motion
to postpone;
(iv) a motion to reconsider the vote by
which the motion is agreed to or disagreed to
shall not be in order; and
(v) if the motion is agreed to, the joint
resolution shall remain the unfinished business
until disposed of.
(3) Floor consideration.--
(A) In general.--If the Senate proceeds to
consideration of the joint resolution--
(i) all points of order against the joint
resolution (and against consideration of the
joint resolution) are waived;
(ii) consideration of the joint resolution,
and all debatable motions and appeals in
connection therewith, shall be limited to not
more than 30 hours, which shall be divided
equally between the majority and minority
leaders or their designees;
(iii) a motion further to limit debate is
in order and not debatable;
(iv) an amendment to, a motion to postpone,
or a motion to commit the joint resolution is
not in order; and
(v) a motion to proceed to the
consideration of other business is not in
order.
(B) Vote on passage.--In the Senate the vote on
passage shall occur immediately following the
conclusion of the consideration of the joint
resolution, and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the Senate.
(C) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of this subsection or the rules of the
Senate, as the case may be, to the procedure relating
to the joint resolution shall be decided without
debate.
(d) Rules Relating to Senate and House of Representatives.--
(1) Coordination with action by other house.--If, before
the passage by one House of the joint resolution of that House,
that House receives from the other House the joint resolution--
(A) the joint resolution of the other House shall
not be referred to a committee; and
(B) with respect to the 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; and
(ii) the vote on passage shall be on the
joint resolution of the other House.
(2) Treatment of joint resolution of other house.--If one
House fails to introduce or consider the joint resolution under
this section, the joint resolution of the other House shall be
entitled to expedited floor procedures under this section.
(3) Treatment of companion measures.--If, following passage
of the joint resolution in the Senate, the Senate receives the
companion measure from the House of Representatives, the
companion measure shall not be debatable.
(4) Vetoes.--If the President vetoes the joint resolution,
consideration of a veto message in the Senate under this
section shall be not more than 10 hours equally divided between
the majority and minority leaders or their designees.
(e) Rules of House of Representatives and Senate.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such 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 the joint resolution, and supersede
other rules only to the extent that it is inconsistent with
such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
TITLE III--GENERAL PROVISIONS
SEC. 301. GENERAL DEFINITIONS.
In this Act, the following definitions shall apply:
(1) The term ``Council'' means the Council of the District
of Columbia.
(2) The term ``Governor'' means the Governor of the State
of Washington, D.C.
(3) The term ``Mayor'' means the Mayor of the District of
Columbia.
(4) Except as otherwise provided, the term ``State'' means
the State of Washington, D.C.
(5) The term ``State Constitution'' means the proposed
Constitution of the State of Washington, D.C., as approved by
the Council of the District of Columbia on October 18, 2016,
pursuant to the Constitution and Boundaries for the State of
Washington, D.C. Approval Resolution of 2016 (D.C. Resolution
R21-621), and ratified by District of Columbia voters in
Advisory Referendum B approved on November 8, 2016, and
certified by the District of Columbia Board of Elections on
November 18, 2016.
(6) The term ``Washington, D.C.'' means Washington,
Douglass Commonwealth.
SEC. 302. CERTIFICATION OF ENACTMENT BY PRESIDENT.
Not more than 60 days after the date of enactment of this Act, the
President shall certify such enactment to the Mayor of the District of
Columbia. | Washington, D.C. Admission Act This bill provides for admission into the United States of the state of Washington, Douglass Commonwealth. The Commonwealth shall be admitted to the Union on an equal footing with the other states. The Mayor of the District of Columbia shall issue a proclamation for the first elections to Congress of two Senators and one Representative of the Commonwealth. The Commonwealth shall consist of all Washington, DC territory as of enactment of this bill, with specified exclusions for federal buildings and monuments. The Commonwealth may not impose taxes on federal property except as Congress permits. The bill applies current DC laws to the Commonwealth and continues pending judicial proceedings. The bill maintains: (1) DC as the seat of the federal government, and (2) the federal government's authority over military lands and specified other property. The bill provides for expedited consideration of a joint resolution repealing the Twenty-Third Amendment to the Constitution (which provides for the appointment of electors for President and Vice President). | {"src": "billsum_train", "title": "Washington, D.C. Admission Act"} | 1,752 | 213 | 0.391011 | 0.984668 | 0.412842 | 1.457895 | 8.626316 | 0.657895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Empowerment Act of
2015''.
SEC. 2. GUARANTEEING FREEDOM OF CHOICE AND CONTRACTING FOR PATIENTS
UNDER MEDICARE.
(a) In General.--Section 1802 of the Social Security Act (42 U.S.C.
1395a) is amended to read as follows:
``freedom of choice and contracting by patient guaranteed
``Sec. 1802. (a) Basic Freedom of Choice.--Any individual entitled
to insurance benefits under this title may obtain health services from
any institution, agency, or person qualified to participate under this
title if such institution, agency, or person undertakes to provide that
individual such services.
``(b) Freedom To Contract by Medicare Beneficiaries.--
``(1) In general.--Subject to the provisions of this
subsection, nothing in this title shall prohibit a Medicare
beneficiary from entering into a contract with an eligible
professional (whether or not the professional is a
participating or non-participating physician or practitioner)
for any item or service covered under this title.
``(2) Submission of claims.--Any Medicare beneficiary that
enters into a contract under this section with an eligible
professional shall be permitted to submit a claim for payment
under this title for services furnished by such professional,
and such payment shall be made in the amount that would
otherwise apply to such professional under this title except
that where such professional is considered to be non-
participating, payment shall be paid as if the professional
were participating. Payment made under this title for any item
or service provided under the contract shall not render the
professional a participating or non-participating physician or
practitioner, and as such, requirements of this title that may
otherwise apply to a participating or non-participating
physician or practitioner would not apply with respect to any
items or services furnished under the contract.
``(3) Beneficiary protections.--
``(A) In general.--Paragraph (1) shall not apply to
any contract unless--
``(i) the contract is in writing, is signed
by the Medicare beneficiary and the eligible
professional, and establishes all terms of the
contract (including specific payment for items
and services covered by the contract) before
any item or service is provided pursuant to the
contract, and the beneficiary shall be held
harmless for any subsequent payment charged for
an item or service in excess of the amount
established under the contract during the
period the contract is in effect;
``(ii) the contract contains the items
described in subparagraph (B); and
``(iii) the contract is not entered into at
a time when the Medicare beneficiary is facing
an emergency medical condition or urgent health
care situation.
``(B) Items required to be included in contract.--
Any contract to provide items and services to which
paragraph (1) applies shall clearly indicate to the
Medicare beneficiary that by signing such contract the
beneficiary--
``(i) agrees to be responsible for payment
to such eligible professional for such items or
services under the terms of and amounts
established under the contract;
``(ii) agrees to be responsible for
submitting claims under this title to the
Secretary, and to any other supplemental
insurance plan that may provide supplemental
insurance, for such items or services furnished
under the contract if such items or services
are covered by this title, unless otherwise
provided in the contract under subparagraph
(C)(i); and
``(iii) acknowledges that no limits or
other payment incentives that may otherwise
apply under this title (such as the limits
under subsection (g) of section 1848 or
incentives under subsection (a)(5), (m), (q),
and (p) of such section) shall apply to amounts
that may be charged, or paid to a beneficiary
for, such items or services.
Such contract shall also clearly indicate whether the
eligible professional is excluded from participation
under the Medicare program under section 1128.
``(C) Beneficiary elections under the contract.--
Any Medicare beneficiary that enters into a contract
under this section may elect to negotiate, as a term of
the contract, a provision under which--
``(i) the eligible professional shall file
claims on behalf of the beneficiary with the
Secretary and any supplemental insurance plan
for items or services furnished under the
contract if such items or services are covered
under this title or under the plan; and
``(ii) the beneficiary assigns payment to
the eligible professional for any claims filed
by, or on behalf of, the beneficiary with the
Secretary and any supplemental insurance plan
for items or services furnished under the
contract.
``(D) Exclusion of dual eligible individuals.--
Paragraph (1) shall not apply to any contract if a
beneficiary who is eligible for medical assistance
under title XIX is a party to the contract.
``(4) Limitation on actual charge and claim submission
requirement not applicable.--Section 1848(g) shall not apply
with respect to any item or service provided to a Medicare
beneficiary under a contract described in paragraph (1).
``(5) Construction.--Nothing in this section shall be
construed--
``(A) to prohibit any eligible professional from
maintaining an election and acting as a participating
or non-participating physician or practitioner with
respect to any patient not covered under a contract
established under this section; and
``(B) as changing the items and services for which
an eligible professional may bill under this title.
``(6) Definitions.--In this subsection:
``(A) Medicare beneficiary.--The term `Medicare
beneficiary' means an individual who is entitled to
benefits under part A or enrolled under part B.
``(B) Eligible professional.--The term `eligible
professional' has the meaning given such term in
section 1848(k)(3)(B).
``(C) Emergency medical condition.--The term
`emergency medical condition' means a medical condition
manifesting itself by acute symptoms of sufficient
severity (including severe pain) such that a prudent
layperson, with an average knowledge of health and
medicine, could reasonably expect the absence of
immediate medical attention to result in--
``(i) serious jeopardy to the health of the
individual or, in the case of a pregnant woman,
the health of the woman or her unborn child;
``(ii) serious impairment to bodily
functions; or
``(iii) serious dysfunction of any bodily
organ or part.
``(D) Participating; non-participating.--The terms
`participating' and `nonparticipating' have the
meanings given such terms under subsection (h) of
section 1842 for purposes of such section.
``(E) Urgent health care situation.--The term
`urgent health care situation' means services furnished
to an individual who requires services to be furnished
within 12 hours in order to avoid the likely onset of
an emergency medical condition.''.
SEC. 3. PREEMPTION OF STATE LAWS LIMITING CHARGES FOR SERVICES BY AN
ELIGIBLE PROFESSIONAL.
(a) In General.--No State may impose a limit on the amount of
charges for services, furnished by an eligible professional (as defined
in subsection (k)(3)(B) of section 1848 of the Social Security Act, 42
U.S.C. 1395w-4), for which payment is made under such section, and any
such limit is hereby preempted.
(b) State.--In this section, the term ``State'' includes the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, and
American Samoa. | Medicare Patient Empowerment Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to allow any Medicare beneficiary to enter into a contract with an eligible professional (regardless of whether a participating or non-participating physician or practitioner) for any item or service covered by Medicare. Allows such beneficiaries to submit a claim for Medicare payment in the amount that would otherwise apply, except that where the professional is considered to be non-participating, payment shall be paid as if the professional were participating. Defines eligible professional as a physician, a physician assistant, nurse practitioner, clinical nurse specialist, a certified registered nurse anesthetist, a certified nurse-midwife, a clinical social worker, a clinical psychologist, a clinical psychologist, a physical or or occupational therapist or a qualified speech-language pathologist, or a qualified audiologist. Requires a Medicare beneficiary to agree in writing in such a contract to: (1) pay the eligible professional for a Medicare-covered item or service; and (2) submit (in lieu of the eligible professional) a claim for Medicare payment. Allows a beneficiary, however, to negotiate, as a term of the contract, for the eligible professional to file such claims on the beneficiary's behalf. Preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made. | {"src": "billsum_train", "title": "Medicare Patient Empowerment Act of 2015"} | 1,692 | 312 | 0.67086 | 2.139997 | 0.763186 | 2.606178 | 6.007722 | 0.84556 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety
and Community Empowerment Act of 2010''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. References to title 49, United States Code.
Sec. 3. Notice to property owners and residents.
Sec. 4. Facility operation information standards.
Sec. 5. Required periodic inspection of pipelines by instrumented
internal inspection devices.
Sec. 6. Automatic or remote shut off valves.
Sec. 7. Availability of industry standards and procedures adopted in
regulations by reference.
Sec. 8. Leak detection.
Sec. 9. Considerations for identification of high consequence areas.
Sec. 10. Public education programs.
SEC. 2. REFERENCES TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. NOTICE TO PROPERTY OWNERS AND RESIDENTS.
Section 60102(c)(4) is amended by adding at the end the following:
``(C) Notice to property owners and residents.--
``(i) In general.--Not later than one year after
the date of enactment of this subparagraph, the
Secretary shall prescribe minimum standards to require
the owner or operator of a pipeline facility to notify
all owners and residents of property located within
2,000 feet of a transmission line of the facility of--
``(I) the proximity of the property to the
transmission line; and
``(II) in the case of a transmission line
located on private residential property, the
specific location of the line on the property.
``(ii) Required information.--The notice under
clause (i) shall include, at a minimum--
``(I) a method for electronic access to the
information described in clause (i) through an
Internet Web site and toll free telephone
number;
``(II) information on how to obtain a map
of the pipeline system through the National
Pipeline Mapping System; and
``(III) such other information as the
Secretary considers appropriate.
``(iii) Deadlines.--The notice under clause (i)
shall be provided not later than 2 years after the date
of enactment of this subparagraph and at least once
every 3 years thereafter.''.
SEC. 4. FACILITY OPERATION INFORMATION STANDARDS.
Section 60102(d) is amended by striking the first sentence and
inserting the following: ``Not later than one year after the date of
enactment of the Pipeline Safety and Community Empowerment Act of 2010,
the Secretary shall prescribe minimum standards under this section
requiring an operator of a pipeline facility subject to this chapter to
maintain information related to operating the facility as required by
the standards prescribed under this chapter and to provide that
information, including any updates and changes, to the Secretary, State
regulatory officials, State and local emergency responders, and such
other entities as the Secretary considers appropriate (except that in
the case of a local emergency responder the Secretary shall provide the
information described in paragraphs (1), (2), (5), and (6) only to the
extent applicable to the local district). The Secretary shall keep on
file the information submitted to the Secretary under the preceding
sentence.''.
SEC. 5. REQUIRED PERIODIC INSPECTION OF PIPELINES BY INSTRUMENTED
INTERNAL INSPECTION DEVICES.
Section 60102(f)(2) is amended to read as follows:
``(2) Periodic inspections.--
``(A) In general.--Not later than 270 days after
the date of enactment of the Pipeline Safety and
Community Empowerment Act of 2010, the Secretary shall
prescribe additional standards requiring the periodic
inspection of each pipeline the operator of the
pipeline identifies under section 60109.
``(B) Inspection with internal inspection device.--
``(i) In general.--Except as provided in
clause (ii), the standards prescribed under
subparagraph (A) shall require that an
inspection be conducted at least once every 5
years with an instrumented internal inspection
device.
``(ii) Exception for segments where devices
cannot be used.--If a device described in
clause (i) cannot be used in a segment of a
pipeline, the standards prescribed in
subparagraph (A) shall require use of an
inspection method that the Secretary certifies
to be at least as effective as using the device
in--
``(I) detecting corrosion;
``(II) detecting pipe stress; and
``(III) otherwise providing for the
safety of the pipeline.
``(C) Operation under high pressure.--The Secretary
shall prohibit a pipeline segment from operating under
high pressure if the pipeline segment cannot be
inspected--
``(i) with a device described in
subparagraph (B)(i) in accordance with the
standards prescribed pursuant to such
subparagraph; or
``(ii) using an inspection method described
in subparagraph (B)(ii) in accordance with the
standards prescribed pursuant to such
subparagraph.''.
SEC. 6. AUTOMATIC OR REMOTE SHUT OFF VALVES.
Section 60102(j) is amended by adding at the end the following:
``(4) Automatic or Remote Shut Off Valves.--
``(A) Minimum standards.--Not later than one year after the
date of enactment of this paragraph, the Secretary shall
prescribe minimum standards to require an owner or operator of
a covered pipeline facility to install and use automatic or
remote shut off valves to reduce risks in the event of a
rupture.
``(B) Applicability of minimum standards.--
``(i) New facilities.--The minimum standards shall
apply to a covered pipeline facility that is newly
constructed or entirely replaced after the date of
issuance of the standards.
``(ii) Existing facilities.--
``(I) Facilities located near earthquake
faults.--The minimum standards shall apply to a
covered pipeline facility that exists as of the
date of issuance of the standards and is
located within 10 miles of a significant
earthquake fault beginning on the earliest date
that the Secretary determines is technically
feasible and not later than 2 years after the
date of issuance of the standards.
``(II) Other facilities.--The minimum
standards shall apply to a covered pipeline
facility that exists as of the date of issuance
of the standards (other than a facility
described in subclause (I)) not later than 5
years after the date of issuance of the
standards.
``(C) Definitions.--In this paragraph, the following
definitions apply:
``(i) Covered pipeline facility.--The term `covered
pipeline facility' means a pipeline facility that is
located in a Class 3 or 4 location, as described in
section 192.5 of title 49, Code of Federal Regulations,
as in effect on the date of enactment of the Pipeline
Safety and Community Empowerment Act of 2010.
``(ii) Significant earthquake fault.--The term
`significant earthquake fault' means an earthquake
fault for which there is a 1 in 10 chance or greater of
a magnitude 6.7 or greater earthquake in the next 50
years, as determined by the Secretary based on
information compiled by the United States Geological
Survey.''.
SEC. 7. AVAILABILITY OF INDUSTRY STANDARDS AND PROCEDURES ADOPTED IN
REGULATIONS BY REFERENCE.
Section 60102 is amended by adding at the end the following:
``(n) Availability of Industry Standards and Procedures Adopted in
Regulations by Reference.--The Secretary shall ensure that industry
standards and procedures adopted by reference as part of the Federal
pipeline safety regulatory program under this chapter are easily
available to the public free of charge. This subsection shall apply to
regulations issued before, on, or after the date of enactment of this
subsection.''.
SEC. 8. LEAK DETECTION.
Section 60102 (as amended by section 7 of this Act) is further
amended by adding at the end the following:
``(o) Leak Detection.--
``(1) In general.--An owner or operator of a pipeline
facility shall ensure that the facility is equipped with a leak
detection system capable of promptly detecting a leak.
``(2) Performance standards.--Not later than 18 months
after the date of enactment of this subsection, the Secretary
shall issue a final rule establishing performance standards for
such leak detection systems. In establishing the performance
standards, the Secretary shall consider, at a minimum,
requiring--
``(A) hazardous liquid pipeline facilities to have
the continuous capability to detect a daily discharge
equal to not more than one percent of daily throughput;
``(B) natural gas transmission pipeline facilities
to provide for flow verification through an accounting
method such as volume balance and rate of pressure at
least once every 24 hours;
``(C) in the case of a remote pipeline, increased
aerial surveillance of the pipeline; and
``(D) owners and operators of pipeline facilities
to meet other requirements as the Secretary determines
necessary and practicable to enhance the ability of
such owners and operators to promptly detect a leak.''.
SEC. 9. CONSIDERATIONS FOR IDENTIFICATION OF HIGH CONSEQUENCE AREAS.
Section 60109 is amended by adding at the end the following:
``(g) Considerations for Identification of High Consequence
Areas.--In identifying high consequence areas under this section, the
Secretary shall consider--
``(1) the seismicity of the area;
``(2) the age of the pipe; and
``(3) whether the pipe at issue can be inspected using the
most modern instrumented internal inspection devices.''.
SEC. 10. PUBLIC EDUCATION PROGRAMS.
Section 60116 is amended by adding at the end the following:
``(d) Approval Process.--
``(1) In general.--The Secretary shall approve or
disapprove a public education program submitted to the
Secretary by the owner or operator of a pipeline facility under
subsection (b).
``(2) Context of review.--The Secretary may conduct the
approval process under paragraph (1) as an element of the
Secretary's inspection of an owner or operator.
``(3) Inadequate programs.--If the Secretary determines
that a public education program does not comply with the
requirements of this section or regulations issued under this
section or has not been adequately implemented, the Secretary
may conduct proceedings under this chapter.
``(e) Effectiveness of Public Education Programs.--
``(1) Assessment.--The Comptroller General shall conduct an
assessment of the effectiveness of the public education
programs carried out under this section.
``(2) Report to congress.--Not later than one year after
the date of enactment of this subsection, the Comptroller
General shall submit to Congress a report on the results of the
assessment.''. | Pipeline Safety and Community Empowerment Act of 2010 - Directs the Secretary of Transportation (DOT) to prescribe minimum standards to require: (1) a pipeline facility owner or operator to notify all property owners and residents located within 2,000 feet of a pipeline transmission line of the property's proximity to the line, including its specific location if located on private residential property; and (2) the notice to include a method for electronic access to such information through the Internet and a toll free telephone number, as well as information on how to obtain a map of the pipeline system through the National Pipeline Mapping System.
Revises requirements for minimum standards for information a pipeline operator must maintain about a pipeline facility. Directs the Secretary to prescribe such standards requiring an operator to provide that information (including updates and changes), not only to the Secretary (as under current law), but also to state regulatory officials, state and local emergency responders, and other appropriate entities.
Revises requirements for additional standards for periodic inspection of pipeline facilities in high-density population areas and environmentally sensitive areas. Directs the Secretary to prescribe standards requiring the mandatory periodic inspection of each pipeline facility with an instrumented internal inspection device ("smart pig") occur at least once every five years.
Allows the use of an inspection method, subject to certain requirements, that is not a "smart pig" for any pipeline segment incompatible with a "smart pig."
Requires the Secretary to prohibit a pipeline segment from operating under high pressure if that segment cannot be inspected: (1) with a "smart pig"; or (2) using an inspection method at least as effective as one.
Directs the Secretary to prescribe minimum standards to require a pipeline facility owner or operator to install automatic or remote shut off valves to reduce risks in the event of a rupture.
Requires a pipeline facility owner or operator to ensure that the pipeline facility is equipped with a leak detection system capable of promptly detecting a leak.
Directs the Secretary to approve or disapprove modified public education programs submitted by pipeline facility owners or operators. Requires the Comptroller General to assess and report to Congress on the effectiveness of such programs. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to enhance pipeline safety, to provide communities with access to improved information concerning the equipment and operations of pipeline facilities, and for other purposes."} | 2,491 | 478 | 0.587886 | 1.885063 | 0.786841 | 2.985816 | 5.328605 | 0.881797 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Scientific Fairness for Women
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) With respect to the Office of Women's Health within the
Food and Drug Administration:
(A) When first established, the Office reported
directly to the Commissioner of Food and Drugs.
(B) In the current organization of the Food and
Drug Administration (``FDA''), the Office of Women's
Health is located at the second level reporting within
the Office of the Commissioner and is within the Office
of Science and Health Coordination.
(2) With respect to the regulation by the FDA of silicone
breast implants:
(A) In a draft guidance issued in January 2004, the
FDA asked manufacturers of such implants--
(i) to describe the rates of implant
rupture over the lifetime of the product;
(ii) to describe the incidence of gel
migration resulting from ruptures; and
(iii) to characterize the health
consequences of ruptures and associated
migration.
(B) The FDA approved silicone gel breast implants
in November 2006 despite the lack of data responding to
those three essential questions.
(C) A study published by FDA researchers in 2001,
using magnetic resonance imaging (MRI) to analyze women
whose silicone gel breast implants were an average of
17 years old found that 69 percent of the women had
ruptures in one or both silicone breast implants, and
21 percent experienced gel migration outside the scar
capsule surrounding the implant. Implant manufacturers
have not established whether the implants in their
premarket-approval applications would have similar or
different failure rates and leakage.
(D) In April 2005, a study published in the
American Journal of Surgical Pathology focusing on gel
migration found that 90 percent of the women studied
who had silicone implants showed silicone in their
lymph nodes. The study also showed that 95 percent of
these women had abnormal cells in their lymph nodes,
compared with only 33 percent of women who had breast
cancer surgery but did not have silicone implants. The
Secretary of Health and Human Services has not provided
enforceable conditions to ensure that women are not
harmed by leaking silicone from their breast implants.
(E) In 2003, the United States Government entered
into a settlement with breast implant manufacturers for
reimbursement for medical expenses paid by the
Government for women harmed by silicone gel breast
implants. No information has been made public about the
use of those funds to provide health care or disability
benefits for women harmed by breast implants.
(3) With respect to the applications submitted to the FDA
by Barr Laboratories for approval of the contraceptive drug
marketed as Plan B:
(A) The FDA rejected the first Plan B application
in May 2004 because of concerns that easier access to
Plan B might result in increased promiscuity among
women under 16, despite studies disproving this
contention.
(B) The FDA said it would not approve the Plan B
application unless it included an age-based sales
distinction. In response, Barr Laboratories submitted a
new application to provide over-the-counter sales of
plan B to women 16 years and older. More than one year
later, FDA expressed concern that the age-based sales
distinction would present regulatory concerns, even
though the amended application was the result of FDA's
recommendations.
(C) According to court documents released on August
3, 2006, the director of FDA's Office of New Drugs
learned early in 2004 that the then-FDA Commissioner
had decided against approval of Plan B before FDA staff
could complete their analysis.
(D) In another sworn deposition contained in the
same court documents, one FDA official was told in
January 2004 by the FDA Deputy Commissioner that Plan B
needed to be rejected to ``appease the administration's
constituents''.
(E) In a letter and congressional testimony on
August 1, the FDA Commissioner recommended that the
appropriate age range for over-the-counter Plan B is 18
and older. This recommendation was established
arbitrarily and acknowledged by FDA as not supported by
scientific data.
(F) A former FDA Commissioner testified in a sworn
statement that he delayed approving over-the-counter
sales of Plan B to determine how to restrict sales to
young teens.
(G) A study in the Journal of Obstetrics &
Gynecology concluded that young women are able to use
Plan B ``effectively and safely without health care
provider intervention''.
(H) In November 2005, the Government Accountability
Office found that the May 2004 decision to deny OTC
status to Plan B emergency contraception ``was
unusual'' in that the decision was made at a much
higher level within FDA than is usual practice, that
the decision overruled recommendations by several
levels of professional staff, and that the decision to
limit OTC access to only those over a certain age was
made prior to the completion of the regular review
process.
SEC. 3. OFFICE OF WOMEN'S HEALTH WITHIN FOOD AND DRUG ADMINISTRATION.
(a) Establishment.--Section 903 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 392) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) in subsection (h) (as so redesignated), in paragraph
(1), by striking ``subsection (f)'' and inserting ``subsection
(g)''; and
(3) by inserting after subsection (e) the following
subsection:
``(f) Office of Women's Health.--
``(1) In general.--There is established within the Office
of the Commissioner an office to be known as the Office of
Women's Health (referred to in this subsection as the
`Office'). The Office shall be headed by a director, who shall
report directly to the Commissioner.
``(2) Duties.--With respect to activities of the Food and
Drug Administration that relate to women's health, the Director
of the Office shall--
``(A) assess the level of agency activity;
``(B) set short-range and long-range goals; and
``(C) be responsible for activities related to
prevention, research, education and training, service
delivery, and policy development.''.
(b) Prohibition Against Transfer of Funds.--Notwithstanding any
other provision of law authorizing the transfer of funds within the
Department of Health and Human Services or within the Food and Drug
Administration, any funds appropriated for the Office of Women's Health
within the Food and Drug Administration shall not be transferred to any
other agency or office.
SEC. 4. SCIENCE ON BREAST IMPLANTS.
(a) Classification of Breast Implants.--Section 513(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(f)) is amended by
adding at the end the following:
``(6) A breast implant (as such term is defined in section 515A(f))
is deemed to be a class III device and shall be required to have an
approval under section 515 of an application for premarket approval.
This paragraph applies to a breast implant irrespective of whether the
implant has been cleared under section 510(k) before the date of the
enactment of this paragraph.''.
(b) Demonstration of Safety.--Subchapter A of chapter V of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended
by inserting after section 515 the following section:
``SEC. 515A. BREAST IMPLANTS.
``(a) Demonstration of Safety for Life of the Device.--
``(1) In general.--In the case of an application for a
breast implant filed under section 515, the Secretary shall not
find that a reasonable assurance of safety has been shown under
section 515(d)(2) unless, prior to the approval of the
application, the applicant involved has established--
``(A) the life of the implant; and
``(B) that safety has been demonstrated for the
life of the implant.
``(2) Previously approved applications.--In the case of an
application for a breast implant approved under section 515
before the date of the enactment of this section, the breast
implant is deemed to be unsafe for purposes of section
515(e)(1)(A), and the Secretary shall withdraw approval of the
application for such breast implant under section 515(e),
unless the holder of the application establishes the life of
the implant and demonstrates that safety has been demonstrated
for the life of the implant.
``(b) Guidance for Clinical Care, Removal and Replacement.--
``(1) In general.--In approving an application for a breast
implant under section 515, the Secretary shall--
``(A) issue appropriate, voluntary guidance for
clinical care, removal, and replacement for the
implant, including appropriate coverage by government
health care systems; and
``(B) require such guidance to be clearly expressed
in the labeling and all marketing materials for such
implant.
``(2) Previously approved applications.--In the case of
each application for a breast implant approved under section
515 before the date of the enactment of this section, the
Secretary shall--
``(A) not later than 90 days after such date of
enactment, issue guidance for the implant in accordance
with paragraph (1)(A);
``(B) require such guidance to be clearly expressed
in the labeling and all marketing materials for the
implant; and
``(C) require dissemination of such guidance to
patients who received the implant before the inclusion
of such guidance into the labeling for the implant.
``(c) Reports to Congress.--
``(1) Requirement.--On an annual basis, the Secretary shall
submit to the Congress a report that summarizes the progress of
postmarket studies and findings with respect to the safety and
effectiveness of each breast implant approved under section
515, including the findings on safety for the life of the
implant under subsection (a).
``(2) First report.--The Secretary shall submit the first
report under this subsection for a breast implant not later
than--
``(A) 120 days after approving an application for
the implant under section 515; or
``(B) if an application for the implant was
approved under section 515 before the date of the
enactment of this section, 120 days after such date of
enactment.
``(d) Breast Implant Advisory Panels.--
``(1) Review of 10-year longitudinal studies.--The Breast
Implant Advisory Panel of the General and Plastic Surgery
Advisory Committee of the Food and Drug Administration shall
meet--
``(A) in 2007 to review the results and quality of
the research under the 10-year longitudinal studies
required by the Food and Drug Administration for saline
breast implants approved under section 515; and
``(B) in each of 2008 and 2009 to review the
progress of the 10-year longitudinal studies required
by the Food and Drug Administration for silicone gel
breast implants approved under section 515.
``(2) Membership.--With respect to membership on any
advisory committee of the Food and Drug Administration
(including any subcommittee or panel thereof) that considers
issues concerning breast implants, the following applies:
``(A) The Secretary may not grant any exemptions
for conflicts related to personal financial interests.
``(B) Before adding a member to the committee, the
Secretary shall post a notice on the Internet site of
such Administration that the individual involved will
become a member of the committee. The notice shall
include a summary of the professional and educational
background of the individual.
``(C) The individual may not serve at any meeting
of the committee until 30 days after the notice is
posted on such site.
``(e) Study on the Ionization of Platinum.--
``(1) In general.--Not later than 365 days after the date
of the enactment of this section, the Secretary shall complete
a study and submit a report to the Congress on--
``(A) the ionization and levels of platinum in
silicone breast implants, analyzing the platinum found
in silicone gel breast implants in vivo as well as
levels and ionization found in women's tissues, breast
milk, and other bodily fluids; and
``(B) the potential short-term and long-term risks
of the presence of platinum or platinum salts.
``(2) Panel of independent scientists.--The Secretary shall
establish a panel of independent scientists, including
scientists from the Centers for Disease Control and Prevention
and the National Institutes of Health, for the purpose of
designing and conducting the study under this subsection. No
scientist with financial ties to a breast implant company,
silicone company, or plastic surgeon shall serve on such panel
or participate in the design or conduct of such studies.
``(f) Definition.--For purposes of this section, the term `breast
implant' means a device intended to be implanted to augment or
reconstruct the female breast that, except as provided in subsection
(d)(1)(A), contains a filler material comprised of a substance or
substances other than sterile isotonic saline.''.
SEC. 5. SCIENTIFIC WORKSHOP ON USE OF EMERGENCY CONTRACEPTION BY WOMEN
UNDER AGE 18.
The Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall convene a scientific workshop
within six months after the date of the enactment of this Act to review
and evaluate current scientific data on the use of emergency
contraception by females of childbearing potential under the age of 18.
The scientific workshop shall--
(1) address the scientific questions identified in the
recent limited approval of Plan B emergency contraception; and
(2) include among the participants in the workshop--
(A) scientific and clinical representatives from
the American Academy of Pediatrics, the American
College of Obstetricians and Gynecologists, the Society
of Adolescent Medicine, the American Medical
Association, the National Institutes of Health, and the
Agency for Healthcare Research and Quality;
(B) scientific and clinical researchers who have
carried out research on use of contraceptives,
including emergency contraceptives, by women under the
age of 18; and
(C) the appropriate review divisions of the Food
and Drug Administration and the professional scientific
and clinical staff within such divisions. | FDA Scientific Fairness for Women Act - Amends the Federal Food, Drug, and Cosmetic Act to establish the Office of Women's Health within the Office of the Commissioner of the Food and Drug Administration (FDA).
Deems a breast implant to be a class III medical device. Requires premarket approval of breast implants irrespective of whether the implant has been cleared for commercial distribution in interstate commerce before the date of enactment of this Act.
Prohibits the Secretary of Health and Human Services from finding that a reasonable assurance of safety has been shown for an application for premarket approval for a a breast implant unless the applicant involved has demonstrated its safety for the life of the implant. Deems an already approved breast implant to be unsafe under the conditions of use prescribed, recommended, or suggested in the labeling.
Requires the Secretary to: (1) issue appropriate, voluntary guidance for clinical care, removal, and replacement for breast implants; (2) require such guidance to be clearly expressed in the labeling and all marketing materials; and (3) require dissemination of such guidance to patients who have already received the implant.
Requires the Breast Implant Advisory Panel of the General and Plastic Surgery Advisory Committee to review the results and quality of the research on saline breast implants and silicone gel implants.
Requires the Secretary to study the ionization and levels of platinum in silicone breast implants.
Requires the Secretary, acting through the Commissioner of Food and Drugs, to convene a scientific workshop to review and evaluate current scientific data on the use of emergency contraception by females of childbearing potential under the age of 18. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act with respect to the Office of Women's Health and the regulation of breast implants, and to provide for a scientific workshop on the use of emergency contraception by women under age 18."} | 3,156 | 356 | 0.566214 | 1.947015 | 0.706011 | 4.633117 | 9.668831 | 0.938312 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Access to Rides Act''.
SEC. 2. GRANTS FOR LOW-INCOME CAR OWNERSHIP PROGRAMS.
(a) In General.--Section 403(a) of the Social Security Act (42
U.S.C. 603(a)) is amended by adding at the end the following:
``(6) Grants for low-income car ownership programs.--
``(A) Purposes.--The purposes of this paragraph are
to--
``(i) assist low-income families obtain
dependable, affordable automobiles to improve
their employment opportunities and access to
training; and
``(ii) provide incentives to States, Indian
tribes or tribal organizations, localities, and
nonprofit entities to develop and administer
programs that provide assistance with
automobile ownership for low-income families.
``(B) Definitions.--In this paragraph:
``(i) Locality.--The term `locality' means
a municipality that does not administer a State
program funded under this part.
``(ii) Low-income families.--The term `low-
income families' means families with total
income of not more than 200 percent of the
poverty line (as defined in section 673(2) of
the Omnibus Budget Reconciliation Act of 1981,
including any revision required by such section
applicable to a family of the size involved).
``(iii) Nonprofit entity.--The term
`nonprofit entity' means a school, local
agency, organization, or institution owned and
operated by 1 or more nonprofit corporations or
associations, no part of the net earnings of
which inures, or may lawfully inure, to the
benefit of any private shareholder or
individual.
``(C) Authority to award grants.--The Secretary may
award grants to States, counties, localities, Indian
tribes or tribal organizations, and nonprofit entities
to promote improving access to dependable, affordable
automobiles by low-income families.
``(D) Grant approval criteria.--The Secretary shall
establish criteria for approval of an application for a
grant under this paragraph that include consideration
of--
``(i) the extent to which the proposal, if
funded, is likely to improve access to training
and employment opportunities and child care
services by low-income families by means of car
ownership;
``(ii) the level of innovation in the
applicant's grant proposal; and
``(iii) any partnerships between the public
and private sector in the applicant's grant
proposal.
``(E) Use of funds.--
``(i) In general.--A grant awarded under
this paragraph shall be used to administer
programs that assist low-income families with
dependable automobile ownership, and
maintenance of, or insurance for, the purchased
automobile.
``(ii) Supplement not supplant.--Funds
provided to a State, Indian tribe or tribal
organization, county, or locality under a grant
awarded under this paragraph shall be used to
supplement and not supplant other State,
county, or local public funds expended for car
ownership programs.
``(iii) General rules governing use of
funds.--The rules of section 404, other than
subsection (b) of that section, shall not apply
to a grant made under this paragraph.
``(iv) Rule of interpretation.--For
purposes of any requirement, limitation, or
prohibition imposed on an individual or family
by or pursuant to this part, assistance
provided to a low-income family pursuant to a
program referred to in clause (i) shall not be
considered assistance under a State program
funded under this part.
``(F) Application.--Each applicant desiring a grant
under this paragraph shall submit an application to the
Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably
require.
``(G) Reversion of funds.--Any funds paid from a
grant made under this paragraph that are not expended
within 3 years after the date the grant is awarded
shall be available for redistribution among other
grantees in such manner and amount as the Secretary may
determine, unless the Secretary extends by regulation
the time period to expend the funds.
``(H) Limitation on administrative costs of the
secretary.--Not more than an amount equal to 5 percent
of the funds appropriated to make grants under this
paragraph for a fiscal year shall be expended for
administrative costs of the Secretary in carrying out
this paragraph.
``(I) Evaluation.--The Secretary shall, by grant,
contract, or interagency agreement, conduct an
evaluation of the programs administered with grants
awarded under this paragraph.
``(J) Limitations on authorization of
appropriations.--There are authorized to be
appropriated to the Secretary for grants under this
paragraph $50,000,000 for each of fiscal years 2008
through 2012.''.
(b) Authority To Use Funds in Individual Development Accounts for
Car Ownership, Maintenance, and Insurance.--
(1) Accounts established under the tanf program.--
(A) Additional qualified purpose for use of
funds.--Section 404(h)(2)(B) of the Social Security Act
(42 U.S.C. 604(h)(2)(B)) is amended by adding at the
end the following:
``(iv) Qualified automotive expenditures.--
Qualified automotive expenditures paid from an
individual development account directly to the
persons to whom the amounts are due.''.
(B) Definition.--Section 404(h)(5) of the Social
Security Act (42 U.S.C. 604(h)(5)) is amended by adding
at the end the following:
``(J) Qualified automotive expenditures.--The term
`qualified automotive expenditures' means expenditures
for the purchase or maintenance of an automobile, or
for insurance for an automobile.''.
(2) Accounts established under the assets for independence
program.--Section 404(8) of the Assets for Independence Act (42
U.S.C. 604 note) is amended by adding at the end the following:
``(E) Qualified automotive expenditures.--
``(i) In general.--Qualified automotive
expenditures paid from an individual
development account directly to the persons to
whom the amounts are due.
``(ii) Definition.--In clause (i), the term
`qualified automotive expenditures' means
expenditures for the purchase or maintenance of
an automobile, or for insurance for an
automobile.''. | Creating Access to Rides Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to authorize the Secretary of Health and Human Services to make grants to states, counties, localties, Indian tribes or tribal organizations, and nonprofit entities to promote improving access to ownership of dependable, affordable automobiles by low-income families.
Authorizes the use of funds in TANF individual development accounts for automobile ownership, maintenance, and insurance. | {"src": "billsum_train", "title": "To authorize the Secretary of Health and Human Services to make grants to improve access to dependable, affordable automobiles by low-income families."} | 1,455 | 110 | 0.550191 | 1.357821 | 0.959006 | 3.282609 | 13.880435 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Citizen Protection Act of
1993''.
TITLE I--VIOLENT CRIMES
SEC. 101. MANDATORY PRISON TERMS.
(a) In General.--Chapter 227 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3581. Mandatory sentence for felony against individual of age
sixty-five or over
``(a) Upon conviction of any Federal felony crime of violence, if
any victim of such crime is an individual who had attained the age of
65 years on or before the date that the offense was committed, the
court shall sentence the defendant to imprisonment--
``(1) for a term of not less than three fourths of the
maximum term of imprisonment provided for such crime, in the
case of a first offense to which this section is applicable;
and
``(2) for a term of not less than the maximum term of
imprisonment provided for such crime, in the case of a second
or subsequent offense to which this section is applicable.
``(b) Notwithstanding any other provision of law, with respect to a
sentence imposed under subsection (a) of this section--
``(1) the court shall not suspend such sentence;
``(2) the court shall not give the defendant a probationary
sentence;
``(3) such sentence shall be served consecutively to any
other sentence imposed for a Federal offense; and
``(4) the court shall reject any plea agreement which would
result in the imposition of a term of imprisonment less than
that which would have been imposed under subsection (a) of this
section in connection with any charged offense.''.
(b) Clerical Amendment.--The table of sections for chapter 227 of
title 18, United States Code, is amended by adding at the end the
following new item:
``3581. Mandatory sentence for felony against individual of age sixty-
five or over.''.
(c) Conforming Amendments to Rules of Procedure.--
(1) Rule 32(c) of the Federal Rules of Criminal Procedure
is amended--
(A) by adding at the end of the first paragraph in
paragraph (1) the following new sentence: ``Neither the
defendant nor the court may waive a presentence
investigation and report unless there is in the record
information sufficient for the court to determine
whether a mandatory sentence must be imposed pursuant
to title 18, United States Code, section 3581.''; and
(B) in paragraph (2)(D), by inserting after ``the
offense'' the following: ``and information relating to
whether any victim of the offense had attained age 65
on the date that the offense was committed''.
(2) Rule 11(e)(1) of the Federal Rules of Criminal
Procedure is amended by striking out ``The'' after ``In
General.'' and inserting in lieu thereof ``Except as provided
in title 18, United States Code, section 3581, the''.
SEC. 102. DEATH PENALTY.
In any case in which Federal law punishes conduct that is murder in
the first degree, as defined in section 1111 of title 18, United States
Code, shall, in addition to any penalties imposed by the provision of
law prohibiting that conduct, be subject to the penalty of death. When
the Government seeks a sentence of death under this section, the
procedures with respect to death penalties under section 903 of the
Federal Aviation Act of 1958 shall, as nearly as may be, apply with
respect to death penalties under this section.
TITLE II--FRAUD
SEC. 201. FEDERAL TRADE COMMISSION.
(a) Participation in the Financial Crimes Enforcement Center.--The
Federal Trade Commission shall participate in, and be on the receiving
list of law enforcement products of, the Financial Crimes Enforcement
Center of the Department of the Treasury.
(b) Venue.--Subsections (a) and (b) of section 13 of the Federal
Trade Commission Act (15 U.S.C. 53) are each amended by adding at the
end the following: ``Whenever it appears to the court that the
interests of justice require that any other person, partnership, or
corporation should be a party in such suit, the court may cause such
person, partnership, or corporation to be summoned without regard to
whether they reside or transact business in the district in which the
suit is brought, and to that end process may be served wherever the
person, partnership, or corporation may be found.''.
(c) Criminal Contempt Authority.--Section 16(a)(1) of the Federal
Trade Commission Act (15 U.S.C. 56(a)(1)) is amended--
(1) in subparagraph (A) by striking ``civil'' the first
place it appears and inserting in lieu thereof ``Federal
court''; and
(2) by adding at the end the following: ``The Commission
may bring a criminal contempt action for violations of orders
obtained in cases brought under section 13(b) of this Act in
the same manner as civil penalty and other Federal court
actions to which this subsection applies. Such cases may be
initiated by the Commission on its own complaint, or pursuant
to its acceptance of an appointment by a court to assist it in
enforcing such orders pursuant to Rule 42(b) of the Federal
Rules of Criminal Procedure.''.
SEC. 202. SENTENCING GUIDELINES.
(a) Fraud and Deceit.--The United States Sentencing Commission
shall amend its sentencing guidelines relating to fraud and deceit so
as to provide for increases in offense levels based on the number of
persons that the offender has victimized.
(b) Elderly Victims.--The United States Sentencing Commission shall
amend its sentencing guidelines relating to vulnerable victims so as to
provide that if the offender knew or should have known that the victim
was 65 years of age or old, the offense level shall be increased by 7
levels.
SEC. 203. MANDATORY RESTITUTION.
(a) Order of Restitution.--Section 3663(a) of title 18, United
States Code, is amended by striking ``may order'' and inserting ``shall
order''.
(b) Procedure.--Section 3664(a) of title 18, United States Code, is
amended by striking ``in determining whether to order restitution under
section 3663 of this title and the amount of such restitution'' and
inserting ``in determining the amount of restitution under section
3663''.
SEC. 204. SENSE OF CONGRESS CONCERNING THE NATIONAL TELEMARKETING FRAUD
WORKING GROUP.
It is the sense of Congress that--
(1) all United States Attorneys should regularly enter
information on telemarketing fraud into the database of the
National Telemarketing Fraud Working Group; and
(2) the National Telemarketing Fraud Working Group and the
States should continue to cooperate with each other in
coordinating the prosecution of offenders in venues that are
convenient to the victims of their offenses.
SEC. 205. CONSUMER AND ANTI-FRAUD ACTIVITIES.
The Attorney General shall designate 50 existing full-time
equivalent positions for attorneys and sufficient support staff to be
assigned to the prosecution of consumer fraud and for law enforcement
and consumer fraud education programs.
SEC. 206. FORFEITURES.
(a) Civil Forfeiture.--Section 981 of title 18, United States Code,
is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (D) by inserting ``(i)'' before
``Any'' and redesignating clauses (i), (ii), (iii),
(iv), (v), and (vi) as subclauses (I), (II), (III),
(IV), (V), and (VI), respectively;
(B) by striking ``(E) With respect to an offense
listed in subsection (a)(1)(D)'' and inserting ``(ii)
With respect to an offense described in clause (i)'';
and
(C) by adding at the end the following new
subparagraph:
``(E) Any property, real or personal, that constitutes,
represents, is derived from, or is traceable to the proceeds of
a violation of section 1029, 1341, or 1343 of this title if
such violation relates to crimes against individuals 65 years
of age or older. Notwithstanding the provisions of section 524
of title 28, United States Code, up to 25 percent of the
amounts forfeited pursuant to this subparagraph for an offense
may be used to provide restitution to any victim of the
offense.''.
(b) Criminal Forfeiture.--Section 982(a) of title 18, United States
Code, is amended by adding at the end thereof the following:
``(5) The court, in imposing sentence on a person convicted of a
violation of, or a conspiracy to violate, section 1029, 1341 or 1343 of
this title, affecting an individual 65 years of age or older, shall
order that the person forfeit to the United States any property
constituting, or derived from, proceeds the person obtained directly or
indirectly, as the result of such violation. Notwithstanding the
provisions of section 524 of title 28, United States Code, up to 25
percent of the amounts forfeited pursuant to this paragraph for an
offense may be used to provide restitution to any victim of the
offense.''.
(c) Criminal Contempt Authority.--Section 16(a)(1) of the Federal
Trade Commission Act (15 U.S.C. 56(a)(1)) is amended--
(1) in subparagraph (A) by striking ``civil'' the first
place it appears and inserting in lieu thereof ``Federal
court''; and
(2) by adding at the end the following: ``The Commission
may bring a criminal contempt action for violations of orders
obtained in cases brought under section 13(b) of this Act in
the same manner as civil penalty and other Federal court
actions to which this subsection applies. Such cases may be
initiated by the Commission on its own complaint, or pursuant
to its acceptance of an appointment by a court to assist it in
enforcing such orders pursuant to Rule 42(b) of the Federal
Rules of Criminal Procedure.''.
SEC. 207. UNIFORM LAWS GOVERNING LICENSING OF HOME REPAIR CONTRACTORS,
MORTGAGE COMPANIES, AND PRIZE GIVEAWAY COMPANIES.
The Attorney General, in consultation with the American Law
Institute, the National Conference of Commissioners on Uniform State
Laws, or other interested persons, shall prepare model State law on
each of the following subjects:
(1) Licensing of home repair contractors.
(2) Licensing of mortgage companies.
(3) Licensing of prize giveaway companies.
SEC. 208. MAIL FRAUD.
(a) Offense.--Section 1341 of title 18, United States Code, is
amended--
(1) by inserting ``or places in any private courier service
office or authorized depository for receipt of matter to be
delivered by private courier service,'' after ``mail matter,'';
(2) by inserting ``or by a private courier service'' after
``Postal Service''; and
(3) by inserting ``or private courier service'' after ``by
mail''.
(b) Definition.--
(1) Private courier service.--Section 1346 of title 18,
United States Code, is amended to read as follows:
``Sec. 1346. Definitions
``In this chapter--
```private courier service' means a private entity
providing services provided by the United States Postal
Service.
```scheme or artifice to defraud' includes a scheme or
artifice to deprive another of the intangible right of honest
services.''.
(2) Technical amendment.--The chapter analysis for chapter
63 of title 18, United States Code, is amended by striking the
item for section 1346 and inserting the following item:
``1346. Definitions.''.
SEC. 209. STUDY ON MEDICAID FRAUD AND SOCIAL SECURITY FRAUD.
The Social Security Administration shall conduct a study of
Medicaid fraud and Social Security fraud. Not later than 180 days after
the date of the enactment of this Act, the Administration shall report
to Congress the results of that study. | TABLE OF CONTENTS:
Title I: Violent Crimes
Title II: Fraud
Senior Citizen Protection Act of 1993 -
Title I: Violent Crimes
- Amends the Federal criminal code to require a mandatory sentence upon conviction of a felony against an individual age 65 or over (elderly victim). Bars the court from suspending such sentence or giving the defendant probation. Requires that such a sentence be served consecutively and that the court reject specified plea agreements.
Authorizes the death penalty in any case in which Federal law punishes conduct that is first-degree murder.
Title II: Fraud
- Directs the Federal Trade Commission (FTC) to participate in, and be on the receiving list of law enforcement products of, the Treasury Department's Financial Crimes Enforcement Center.
Revises provisions of the Federal Trade Commission Act to authorize: (1) service of process wherever a party may be found in certain cases of fraud; and (2) the FTC to bring a criminal contempt action for violations of orders in such cases.
Requires: (1) the U.S. Sentencing Commission to amend its sentencing guidelines to provide for increased offense levels based on the number of victims in cases of fraud and deceit and based on victims being elderly; and (2) (current law authorizes) the court to order restitution to victims of specified violations of the Federal Aviation Act of 1958.
Expresses the sense of the Congress that: (1) all U.S. Attorneys should regularly enter information on telemarketing fraud into the database of the National Telemarketing Fraud Working Group; and (2) such Group and the States should continue to cooperate in coordinating the prosecution of offenders in venues that are convenient to the victims.
Subjects to civil forfeiture any property traceable to the proceeds of violations of specified anti-fraud provisions which relate to crimes against elderly victims. Requires the court to order violators to forfeit property constituting or derived from proceeds obtained as the result of such a violation. Permits up to 25 percent of the amounts so forfeited to be used to provide restitution to victims.
Directs: (1) the Attorney General to prepare model State laws on licensing of home repair contractors, mortgage companies, and prize giveaway companies and to designate 50 positions for attorneys and support staff for the prosecution of consumer fraud and for law enforcement and consumer fraud education programs; and (2) the Social Security Administration to conduct a study of Medicaid and social security fraud.
Extends mail fraud provisions to cover private courier services. | {"src": "billsum_train", "title": "Senior Citizen Protection Act of 1993"} | 2,798 | 546 | 0.45586 | 1.450684 | 0.667986 | 3.251012 | 5.040486 | 0.894737 |
SECTION 1. CHANGE IN COMPOSITION AND OPERATION OF THE BOARD OF
DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY.
(a) In General.--The Tennessee Valley Authority Act of 1933 is
amended by striking section 2 (16 U.S.C. 831a) and inserting the
following:
``SEC. 2. BOARD OF DIRECTORS.
``(a) Membership.--
``(1) Appointment.--The Board of Directors of the
Corporation (referred to in this Act as the `Board') shall be
appointed by the President by and with the advice and consent
of the Senate.
``(2) Composition.--The Board shall be composed of 7
members, of whom--
``(A) 1 member shall be a resident of Alabama;
``(B) 1 member shall be a resident of Georgia;
``(C) 1 member shall be a resident of Kentucky;
``(D) 1 member shall be a resident of Mississippi;
``(E) 1 member shall be a resident of North
Carolina;
``(F) 1 member shall be a resident of Tennessee;
and
``(G) 1 member shall be a resident of Virginia.
``(3) Qualifications.--To be eligible to be appointed as a
member of the Board, an individual--
``(A) shall be a citizen of the United States;
``(B) shall have no substantial direct financial
interest in--
``(i) any public-utility corporation
engaged in the business of distributing and
selling power to the public; or
``(ii) any business that may be adversely
affected by the success of the Corporation as a
producer of electric power; and
``(C) shall profess a belief in the feasibility and
wisdom of this Act.
``(4) Chairperson.--
``(A) In general.--The Board shall select a
chairperson from among the members of the Board.
``(B) Duties.--The chairperson shall be the chief
executive officer of the Corporation.
``(b) Terms.--Members of the Board shall be appointed for terms of
4 years, except that, of the members first appointed--
``(A) 3 members shall be appointed for a term of 4
years;
``(B) 2 members shall be appointed for a term of 3
years; and
``(C) 2 members shall be appointed for a term of 2
years.
``(c) Vacancies.--A member appointed to fill a vacancy in the Board
occurring before the expiration of the term for which the predecessor
of the member was appointed shall be appointed for the remainder of
that term.
``(d) Quorum.--
``(1) In general.--Four members of the Board shall
constitute a quorum for the transaction of business.
``(2) Minimum number of members.--A vacancy in the Board
shall not impair the power of the Board to act, so long as
there are 4 members in office.
``(e) Compensation of Members.--
``(1) Non-federal employees.--Subject to paragraph (4), a
member of the Board who is not an officer or employee of the
Federal Government shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, for each day (including travel time)
during which the member is engaged in the performance of the
duties of the Board.
``(2) Federal employees.--A member of the Board who is an
officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
``(3) Travel Expenses.--A member of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Board.
``(4) Compensation of chairperson.--
``(A) In general.--Except as provided in
subparagraph (B), the Board may fix the compensation of
the chairperson without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates.
``(B) Maximum rate of pay.--The rate of pay for the
chairperson may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of title
5, United States Code.''.
(b) Current Board Members.--A member of the Board of Directors of
the Tennessee Valley Authority who was appointed before the date of
enactment of this Act--
(1) may continue to serve as a member until the date on
which the term of that member expires; and
(2) may be reappointed if that member meets the residency
requirements of section 2(a)(2) of the Tennessee Valley
Authority Act of 1933 (as amended by subsection (a)). | Amends the Tennessee Valley Authority Act of 1933 to: (1) expand from 3 to 7 the membership of the Board of Directors; (2) grant permanent membership to the States of Alabama, Georgia, Kentucky, Mississippi; North Carolina, Tennessee, and Virginia; (3) confer chief executive officer status upon the chairperson selected from among board members; and (4) revise compensation guidelines. | {"src": "billsum_train", "title": "A bill to amend the Tennessee Valley Authority Act of 1933 to modify provisions relating to the Board of Directors of the Tennessee Valley Authority, and for other purposes."} | 1,146 | 76 | 0.552214 | 1.334582 | 1.065156 | 1.831169 | 13.805195 | 0.844156 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violent Crime Prevention and
Enforcement Act of 2007''.
SEC. 2. GRADUATED PENALTIES FOR CIVIL VIOLATIONS BY FEDERAL FIREARMS
LICENSEES.
(a) In General.--Section 923(e) of title 18, United States Code, is
amended to read as follows:
``(e)(1)(A) If the Attorney General determines that a licensee
under this section has willfully violated any provision of this chapter
or any regulation prescribed under this chapter, the Attorney General
may--
``(i) if the violation is of a minor nature--
``(I) impose on the licensee a civil money penalty
of not more than $1,000 for each instance of such
violation, except that the total amount of penalties
imposed on a licensee under this subclause for
violations arising from a single inspection shall not
exceed $5,000; or
``(II) suspend the license for not more than 30
days, if in the period for which the license has been
in effect, the licensee on at least 1 prior occasion
has received a written notice of violation(s) of this
chapter or any regulations prescribed under this
chapter, and specify the circumstances under which the
suspension is to be terminated; or
``(ii) if the violation is of a serious nature--
``(I) impose on the licensee a civil money penalty
of not more than $2,500 for each instance of such
violation, except that the total amount of penalties
imposed on a licensee under this subclause for a
violation arising from a single inspection shall not
exceed $15,000;
``(II) suspend the license for not more than 90
days, and specify the circumstances under which the
suspension is to be terminated;
``(III) revoke the license; or
``(IV) take the actions described in subclauses (I)
and (II), or subclauses (I) and (III).
``(B)(i)(I) In determining the amount of a civil money penalty to
impose under subparagraph (A) on a licensee, the nature and severity of
the violation involved, the size of the firearms business operated by
the licensee, and the prior record of the licensee shall be considered.
``(II) On request of the licensee, the Attorney General may
consider the ability of the licensee to pay a civil money penalty, and
may allow the licensee to submit documents and information to establish
the ability of the licensee to pay. The Attorney General shall not make
part of any public record any document or information so submitted, and
shall return to the licensee any such document or information.
``(III) The total amount of penalties imposed on a licensee under
subparagraph (A) with respect to violations of a minor nature and of a
serious nature arising from a single inspection or examination shall
not exceed $15,000.
``(ii) For purposes of subparagraph (A), violation of a provision
of this chapter with respect to 2 or more firearms during a single
transaction shall be considered a single violation of the provision.
``(iii) The Attorney General may defer, or suspend, in whole or in
part, the imposition of a civil money penalty on a licensee whose
license is suspended under this paragraph.
``(C) For purposes of subparagraph (A), the Attorney General shall
prescribe by regulation which violations of this chapter shall be
considered to be of a serious nature.
``(D) The Attorney General may not commence an enforcement action
under subparagraph (A) with respect to any violation after the 2-year
period that begins on the date the violation is discovered. The
limitations period does not prevent the Attorney General from
introducing evidence of any violation to establish willfulness.
``(2)(A) Not less than 30 days before the effective date of any
penalty imposed on a licensee by reason of a determination made under
paragraph (1), or of any denial of an application for a license
pursuant to subsection (d)(2) of this section, the Attorney General
shall send the licensee a written notice--
``(i) of the determination or denial, and the grounds on
which the determination or denial was made;
``(ii) of the nature of the penalty; and
``(iii) that the licensee may, within 30 days after receipt
of the notice, request a hearing to review the determination or
denial.
``(B) A hearing to review a determination or denial made under
paragraph (1) or subsection (d)(2) of this section with respect to a
licensee shall not be held unless the licensee requests such a hearing
within 30 days after receiving the notice of the determination or
denial sent pursuant to subparagraph (A).
``(3) This subsection shall not be interpreted to affect the
authority of the Attorney General under section 922(t)(5) or section
924(p) of this title.''.
(b) Conforming Amendment.--Section 923(f) of title 18, United
States Code, is amended--
(1) by striking paragraphs (1) and redesignating paragraphs
(2) through (4) as paragraphs (1) through (3), respectively;
(2) in paragraph (1), as redesignated, by--
(A) inserting ``or otherwise imposes a sanction
pursuant to subsection (e)'' after ``or revokes, a
license'';
(B) striking ``or revocation'' and inserting ``or
sanction pursuant to subsection (e)'';
(C) striking ``In the case of a revocation of a
license, the'' and inserting ``The''; and
(D) striking ``date of the revocation'' and
inserting ``date of the sanction''; and
(3) in paragraph (2), as redesignated, by--
(A) striking ``(2)'' each place it appears and
inserting ``(1)'';
(B) striking ``or revoke a license'' and inserting
``or impose a sanction pursuant to subsection (e)'';
(C) striking ``or revocation'' and inserting ``or
sanction under subsection (e)''; and
(D) striking ``or to revoke the license'' and
inserting ``or to impose the sanction under subsection
(e)''.
(c) Effective Date.--The amendments made by this section shall take
effect 270 days after the date of enactment of this Act.
SEC. 3. AMENDMENTS RELATING TO VIOLENT CRIME.
(a) Clarification of Illegal Gun Transfers To Commit Drug
Trafficking Crime or Crimes of Violence.--Section 924(h) of title 18,
United States Code, is amended to read as follows:
``(h) Whoever, in or affecting interstate or foreign commerce,
knowingly transfers a firearm, knowing that the firearm will be used to
commit, or possessed in furtherance of, a crime of violence or drug
trafficking crime (as defined in subsection (c)(2)), shall be fined
under this title and imprisoned not more than 20 years.''.
(b) Conspiracy Penalty.--Section 371 of title 18, United States
Code, is amended by striking ``five years, or both.'' and inserting
``20 years (unless the maximum penalty for the crime that served as the
object of the conspiracy has a maximum penalty of imprisonment of less
than 20 years, in which case the maximum penalty under this section
shall be the penalty for such crime), or both. This paragraph does not
supersede any other penalty specifically set forth for a conspiracy
offense.''.
SEC. 4. POSSESSION OF FIREARMS BY DANGEROUS FELONS.
(a) In General.--Section 924(e) of title 18, United States Code, is
amended by striking paragraph (1) and inserting the following:
``(1) In the case of a person who violates section 922(g) of this
title and has previously been convicted by any court referred to in
section 922(g)(1) of a violent felony or a serious drug offense shall--
``(A) in the case of 1 such prior conviction, where a
period of not more than 10 years has elapsed since the later of
the date of conviction and the date of release of the person
from imprisonment for that conviction, be imprisoned for not
more than 15 years, fined under this title, or both;
``(B) in the case of 2 such prior convictions, committed on
occasions different from one another, and where a period of not
more than 10 years has elapsed since the later of the date of
conviction and the date of release of the person from
imprisonment for the most recent such conviction, be imprisoned
for not more than 20 years, fined under this title, or both;
and
``(C) in the case of 3 such prior convictions, committed on
occasions different from one another, be fined under this title
and imprisoned not less than 15 years or more than life, and
notwithstanding any other provision of law, the court shall not
suspend the sentence of, or grant a probationary sentence to,
such person with respect to the conviction under section
922(g).''.
(b) Amendment to Sentencing Guidelines.--Pursuant to its authority
under section 994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend the Federal Sentencing Guidelines to
provide for an appropriate increase in the offense level for violations
of section 922(g) of title 18, United States Code, in accordance with
section 924(e) of that title 18, as amended by subsection (a).
SEC. 5. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS
CHARGED WITH FIREARMS OFFENSES.
Section 3142(e) of title 18, United States Code, is amended in the
matter following paragraph (3) by inserting ``an offense under
subsection (g)(1), (g)(2), (g)(4), (g)(5), (g)(8), or (g)(9) of section
922,'' after ``that the person committed''.
SEC. 6. CONFORMING AMENDMENT.
Section 922(d) of title 18, United States Code, is amended in the
matter preceding paragraph (1) by inserting ``, transfer,'' after
``sell''.
SEC. 7. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR
TRANSPORTATION IN AID OF RACKETEERING.
Section 1952 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``perform'' and all that
follows through the end of the subsection and inserting
``perform or attempts to perform an act described in paragraph
(1), (2), or (3), or conspires to do so, shall be punished as
provided in subsection (d).''; and
(2) by adding at the end following:
``(d) The punishment for an offense under subsection (a) is--
``(1) in the case of a violation of paragraph (1) or (3), a
fine under this title and imprisonment for not more than 20
years; and
``(2) in the case of a violation of paragraph (2), a fine
under this title and imprisonment for any term of years or for
life, but if death results the offender may be sentenced to
death.''.
SEC. 8. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES
IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY
CRIMES OF VIOLENCE.
(a) In General.--Section 1958 of title 18, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 1958. Use of interstate commerce facilities in the commission of
murder-for-hire and other felony crimes of violence'';
and
(2) in subsection (a), by--
(A) inserting ``or other crime of violence,
punishable by imprisonment for more than 1 year,''
after ``intent that a murder''; and
(B) striking ``shall be fined'' the first place it
appears and all that follows through the end of such
subsection and inserting the following: ``shall, in
addition to being subject to a fine under this title--
``(1) if death results, be sentenced to death or life in
prison;
``(2) if the crime of violence is kidnapping, aggravated
sexual abuse (as defined in section 521), or maiming, or a
conspiracy to commit such a crime of violence, be imprisoned
any term of years or for life;
``(3) if the crime of violence is an assault, or a
conspiracy to assault, that results in serious bodily injury
(as defined in section 1365), be imprisoned not more than 30
years; and
``(4) in any other case, be imprisoned not more than 20
years.''.
(b) Clerical Amendment.--The item relating to section 1958 in the
table of sections at the beginning of chapter 95 of title 18, United
States Code, is amended to read as follows:
``1958. Use of interstate commerce facilities in the commission of
murder-for-hire and other felony crimes of
violence.''.
SEC. 9. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3299A. Violent crime offenses
``No person shall be prosecuted, tried, or punished for any
noncapital felony crime of violence, including any racketeering
activity or gang crime which involves any crime of violence, unless the
indictment is found or the information is instituted not later than 10
years after the date on which the alleged violation occurred or the
continuing offense was completed.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 213 of title 18, United States Code, is amended by adding at
the end the following:
``3299A. Violent crime offenses.''.
SEC. 10. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES.
Section 3286(a) of title 18, United States Code, is amended--
(1) in the subsection heading, by striking ``Eight-Year''
and inserting ``Ten-Year''; and
(2) in the first sentence, by striking ``8 years'' and
inserting ``10 years''.
SEC. 11. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY ILLEGAL
ALIENS.
(a) Offenses.--Part 1 of title 18, United States Code, is amended
by inserting after chapter 51 the following:
``CHAPTER 52--ILLEGAL ALIENS
``Sec. 1131. Enhanced penalties for certain crimes committed by illegal
aliens
``(a) In General.--Whoever, being an alien who is present in the
United States in violation of section 275 or 276 of the Immigration and
Nationality Act (8 U.S.C. 1325 and 1326), knowingly commits, conspires,
or attempts to commit a felony crime of violence for which imprisonment
for a period of more than 1 year may be imposed, or a drug trafficking
crime (as defined in section 924(c)), shall be fined under this title,
imprisoned not more than 20 years, or both.
``(b) Previously Ordered Removed.--If the defendant in a
prosecution under subsection (a) was previously ordered removed under
the Immigration and Nationality Act on the grounds of having committed
a crime, the defendant shall be fined under this title, imprisoned not
more than 30 years, or both.
``(c) Running of Sentence.--A term of imprisonment imposed for an
offense pursuant to this section may not run concurrently with any
other sentence of imprisonment imposed for another offense.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 51 the following new item:
``52. Illegal Aliens........................................ 1131.''. | Violent Crime Prevention and Enforcement Act of 2007 - Amends the federal criminal code to: (1) authorize the Attorney General to impose civil fines on firearms licensees who willfully violate federal firearms laws; (2) increase criminal penalties for transferring firearms for use in crimes of violence or drug trafficking and for conspiracies against the United States; (3) increase criminal penalties for felons with prior convictions for violent crimes and serious drug offenses who unlawfully possess firearms; (4) expand criteria for the detention for persons charged with firearms offenses prior to trial; (5) include other felony crimes of violence in the prohibition against interstate travel to commit murder-for-hire and increase criminal penalties for such crimes; (6) impose a 10-year limitation period for prosecutions of noncapital crimes of violence and terrorism; and (7) impose increased criminal penalties for illegal aliens who commit felony crimes of violence or drug trafficking. | {"src": "billsum_train", "title": "To provide law enforcement critical tools and resources for preventing and enforcing violent crime."} | 3,762 | 205 | 0.403468 | 1.050118 | 0.381011 | 1.994286 | 19 | 0.874286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antibiotic Resistance Prevention Act
of 2001''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The discovery in the 1940s of antimicrobial drugs, such
as penicillin and streptomycin, led to ground breaking
treatment of day-to-day illnesses and fatal diseases.
(2) Drug-resistant pathogens have developed because many
physicians and other health professionals have historically
overprescribed antimicrobial drugs.
(3) Antimicrobial resistance can be spurred by patients
seeking antibiotics for viruses rather than bacterial
infections. Antibiotics are effective only for bacterial
infections, not viral infections.
(4) Patients who fail to finish their prescribed doses of
antibiotics leave themselves vulnerable to certain bacteria,
strengthening antibiotic resistance.
(5) Microbes that have increasingly built up resistance to
antibiotics include the microbes involved in pneumonia; ear
infections and meningitis; skin, bone, lung, and bloodstream
infections; urinary tract infections; food borne infections;
and infections transmitted in health care settings.
(6) Many other pathogens are also becoming resistant to
conventional treatments, including the bacteria that cause
tuberculosis and gonorrhea; the fungi that cause yeast
infections; and the parasites that cause malaria.
(7) A substantial but as yet undetermined percentage of all
antibiotics produced in the United States are used in animals,
with estimates ranging from 40 to 80 percent. A substantial
percentage of these antibiotics are used nontherapeutically in
feed or in the water of farm animals to make them grow faster,
while only about 20 percent of antibiotic feed additives are
used to treat established infections.
(8) This usage of antibiotics in farm animals, at levels
too low to cure bacterial diseases but high enough to control
them, is creating selective pressure on bacteria, causing them
to develop resistance to the antibiotics.
(9) Antibiotic resistant bacteria selected in animals can
reach humans and pass their resistance to bacteria pathogenic
to humans or, if pathogenic themselves, can cause disease that
is not easily treatable, prolonging recovery.
(10) Statistics have shown that antibiotic resistance can
cause the total costs of inpatient care to be more than double
the direct costs of such care.
(11) Expenses incurred by hospitals around the Nation have
risen to nearly $1.3 billion per year as a result of six
ordinary types of resistant bacteria.
(12) The Institute of Medicine, the American Society for
Microbiology, the World Health Organization, the Congressional
Office of Technology Assessment, and the General Accounting
Office each have found that the Nation should improve
surveillance for mounting antimicrobial resistance problems;
prolong the useful life of antimicrobial drugs; develop new
drugs; and utilize other measures, such as improved vaccines,
diagnostics, and infection control measures, to prevent and
control antimicrobial resistance.
SEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES; FUNDING FOR TOP
PRIORITY ACTION ITEMS UNDER PUBLIC HEALTH ACTION PLAN TO
COMBAT ANTIMICROBIAL RESISTANCE.
(a) In General.--For the purpose of carrying out the top priority
action items designated in the Antimicrobial Resistance Action Plan,
but only to the extent that the activities involved are within the
jurisdiction of the Department of Health and Human Services (as
determined under Federal laws other than this Act), there are
authorized to be appropriated such sums as may be necessary for each of
the fiscal years 2002 through 2006. Such authorization is in addition
to other authorizations of appropriations that are available for such
purpose.
(b) Top Priority Action Items.--For purposes of this Act, the term
``top priority action items'' are action items designated by number in
the Antimicrobial Resistance Action Plan and included (by reference to
such numbers and to the categories used in such Plan) in the following
list:
(1) In the category ``Surveillance'', the following action
items:
(A) Action Item #2, described in the Plan as
follows: ``With partners, design and implement a
national AR surveillance plan that defines national,
regional, state, and local surveillance activities and
the roles of clinical, reference, public health, and
veterinary laboratories. The plan should be consistent
with local and national surveillance methodology and
infrastructure that currently exist or are being
developed.''.
(B) Action Item #5, described in the Plan as
follows: ``Develop and implement procedures for
monitoring patterns of antimicrobial drug use in human
medicine, agriculture, veterinary medicine, and
consumer products.''.
(2) In the category ``Prevention and Control'', the
following action items:
(A) Action Item #25, described in the Plan as
follows: ``Conduct a public health education campaign
to promote appropriate antimicrobial use as a national
health priority.''.
(B) Action Item #26, described in the Plan as
follows: ``In collaboration with many partners, develop
and facilitate the implementation of educational and
behavioral interventions that will assist clinicians in
appropriate antimicrobial prescribing.''.
(C) Action Item #39, described in the Plan as
follows: ``Evaluate the effectiveness (including cost-
effectiveness) of current and novel infection-control
practices for health care and extended care settings
and in the community. Promote adherence to practices
proven to be effective.''.
(D) Action Item #58, described in the Plan as
follows: ``In consultation with stakeholders, refine
and implement the proposed FDA framework for approving
new antimicrobial drugs for use in food-animal
production and, when appropriate, for re-evaluating
currently approved veterinary antimicrobial drugs.''.
(E) Action Item #63, described in the Plan as
follows: ``Support demonstration projects to evaluate
comprehensive strategies that use multiple
interventions to promote appropriate drug use and
reduce infection rates, in order to assess how
interventions found effective in research studies can
be applied routinely and most cost-effectively on a
large scale.''.
(3) In the category ``Research'', the following action
items:
(A) Action Item #70, described in the Plan as
follows: ``Provide the research community genomics and
other powerful technologies to identify targets in
critical areas for the development of new rapid
diagnostics methodologies, novel therapeutics, and
interventions to prevent the emergence and spread of
resistant pathogens.''.
(B) Action Item #75, described in the Plan as
follows: ``In consultation with academia and the
private sector, identify and conduct human clinical
studies addressing AR issues of public health
significance that are unlikely to be studied in the
private sector (e.g., novel therapies, new treatment
regimens, and other products and practices).''.
(C) Action Item #76, described in the Plan as
follows: ``Identify, develop, test, and evaluate new
rapid diagnostic methods for human and veterinary uses
with partners, including academia and the private
sector. Such methods should be accurate, affordable,
and easily implemented in routine clinical settings
(e.g., tests for resistance genes, point-of-care
diagnostics for patients with respiratory infections
and syndromes, and diagnostics for drug resistance in
microbial pathogens, including in nonculture
specimens).''.
(D) Action Item #77, described in the Plan as
follows: ``Encourage basic and clinical research in
support of the development and appropriate use of
vaccines in human and veterinary medicine in
partnership with academia and the private sector.''.
(4) In the category ``Product Development'', the following
action items:
(A) Action Item #79, described in the Plan as
follows: ``Create an Interagency AR Product Development
Working Group to identify and publicize priority public
health needs in human and animal medicine for new AR
products (e.g., innovative drugs, targeted spectrum
antibiotics, point-of-care diagnostics, vaccines and
other biologics, anti-infective medical devices, and
disinfectants).''.
(B) Action Item #80, described in the Plan as
follows: ``Identify ways (e.g. financial and/or other
incentives or investments) to promote the development
and/or appropriate use of priority AR products, such as
novel compounds and approaches, for human and
veterinary medicine for which market incentives are
inadequate.''.
The 13 action items specified in this subsection all have top priority
under the Plan, regardless of their order on the list.
(c) Antimicrobial Resistance Action Plan.--For purposes of this
Act, the term ``Antimicrobial Resistance Action Plan'' means the plan
that--
(1) is entitled ``A Public Health Action Plan to Combat
Antimicrobial Resistance''; and
(2) was developed by an interagency Task Force on
Antimicrobial Resistance, created in 1999, that--
(A) is cochaired by the Centers for Disease Control
and Prevention, the Food and Drug Administration, and
the National Institutes of Health; and
(B) in addition includes--
(i) the Agency for Healthcare Research and
Quality and the Health Resources and Services
Administration;
(ii) the Health Care Financing
Administration;
(iii) the Environmental Protection Agency;
and
(iv) the Department of Agriculture, the
Department of Defense, and the Department of
Veterans Affairs.
(d) AR.--For purposes of this Act, the term ``AR'' means
antimicrobial resistance. | Antibiotic Resistance Prevention Act of 2001 - Authorizes appropriations for FY 2002 through 2006 for carrying out certain top priority action items designated in the Antimicrobial Resistance Action Plan (developed by an interagency Task Force on Antimicrobial Resistance in 1999) and within the jurisdiction of the Department of Health and Human Services. | {"src": "billsum_train", "title": "To provide for funding for the top priority action items in the interagency public health action plan that has been developed in response to the problem of antimicrobial resistance, to the extent that the activities involved are within the jurisdiction of the Department of Health and Human Services."} | 2,038 | 68 | 0.391587 | 0.991343 | 0.565551 | 4.527273 | 35.436364 | 0.963636 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Gasoline Savings and Speed
Limit Reduction Act of 2008''.
SEC. 2. ESTABLISHMENT OF NATIONAL MAXIMUM SPEED LIMITS.
(a) National Maximum Speed Limits.--Chapter 1 of title 23, United
States Code, is amended by inserting after section 149 the following:
``Sec. 150. National maximum speed limits
``(a) Speed Limit Requirements.--The Secretary shall not approve a
project under section 106 in any State which has--
``(1) a maximum speed limit on any highway within its
jurisdiction in excess of 60 miles per hour, other than a
highway on the National Highway System located outside of an
urbanized area;
``(2) a maximum speed limit on any highway within its
jurisdiction on the National Highway System located outside of
an urbanized area in excess of 65 miles per hour;
``(3) failed to meet the requirements of subsection (b); or
``(4) a speed limit on any portion of a public highway
within its jurisdiction which is not uniformly applicable to
all types of motor vehicles using such portion of highway, if
on July 1, 2008, such portion of highway had a speed limit
which was uniformly applicable to all types of motor vehicles
using it, except that--
``(A) a lower speed limit may be established for
any vehicle operating under a special permit because of
the weight or dimension of such vehicle, including any
load thereon; and
``(B) this paragraph shall not apply to any portion
of a highway during such time that the condition of the
highway, weather, an accident, or other condition
creates a temporary hazard to the safety of traffic.
``(b) Certification.--
``(1) Certification requirement.--Each State shall certify
to the Secretary before January 1 of each year, beginning in
2009, that it is enforcing all speed limits on public highways
in accordance with this section.
``(2) Data requirements.--
``(A) In general.--Each State shall submit to the
Secretary such data as the Secretary determines by rule
is necessary to support the certification of the State
under this subsection, including data required under
subparagraph (B).
``(B) Data on speed limit violations.--
``(i) In general.--Each State shall submit
to the Secretary data on the percentage of
motor vehicles exceeding the speed limit on
maximum speed limit highways, including data
on--
``(I) citations; and
``(II) travel speed, including the
posted speed limit and design
characteristics of roads from which
travel speed data are gathered.
``(ii) Establishment of criteria.--The
Secretary shall establish criteria for data
submitted under this subparagraph, including
criteria which take into account the
variability of speedometer readings and
criteria based on the speeds of all vehicles or
a representative sample thereof.
``(C) Data collection.--The Secretary shall issue
regulations which ensure that--
``(i) the monitoring programs conducted by
the States to collect data for purposes of this
subsection are uniform;
``(ii) devices and equipment for such
programs are placed at locations on maximum
speed limit highways on a scientifically random
basis which takes into account the relative
risk, as determined by the Secretary, of motor
vehicle accidents occurring considering the
classes of such highways and the speeds at
which vehicles travel on such classes of
highways; and
``(iii) the data submitted under this
subsection will be in such form as the
Secretary determines is necessary to carry out
this section.
``(c) Penalty for Underenforcement.--
``(1) In general.--Except as provided in paragraph (2), if
the data submitted by a State pursuant to subsection (b) at the
end of a fiscal year show that the percentage of motor vehicles
exceeding the speed limit on maximum speed limit highways in
the State is greater than the maximum percentage established
for such fiscal year under this paragraph, the Secretary shall
transfer a percentage of the aggregate amount of Federal-aid
highway funds apportioned to the State under sections 104(b)(1)
and 104(b)(3) for the fiscal year ending 2 years later to one
or more State safety projects, as follows:
``(A) 2009.--For the fiscal year ending September
30, 2009, if the percentage of motor vehicles exceeding
the speed limit on maximum speed highways in the State
is greater than 70 percent, the Secretary shall
transfer up to 5 percent of the aggregate amount of
Federal-aid highway funds apportioned to the State
under sections 104(b)(1) and 104(b)(3) for the fiscal
year ending September 30, 2011, to one or more State
safety projects.
``(B) 2010.--For the fiscal year ending September
30, 2010, if the percentage of motor vehicles exceeding
the speed limit on maximum speed highways in the State
is greater than 60 percent,the Secretary shall transfer
up to 5 percent of the aggregate amount of Federal-aid
highway funds apportioned to the State under sections
104(b)(1) and 104(b)(3) for the fiscal year ending
September 30, 2012, to one or more State safety
projects.
``(C) 2011.--For the fiscal year ending September
30, 2011, if the percentage of motor vehicles exceeding
the speed limit on maximum speed highways in the State
is greater than 50 percent, the Secretary shall
transfer up to 5 percent of the aggregate amount of
Federal-aid highway funds apportioned to the State
under sections 104(b)(1) and 104(b)(3) for the fiscal
year ending September 30, 2013, to one or more State
safety projects.
``(D) 2012.--For the fiscal year ending September
30, 2012, if the percentage of motor vehicles exceeding
the speed limit on maximum speed highways in the State
is greater than 40 percent, the Secretary shall
transfer up to 10 percent of the aggregate amount of
Federal-aid highway funds apportioned to the State
under sections 104(b)(1) and 104(b)(3) for the fiscal
year ending September 30, 2014, to one or more State
safety projects.
``(E) 2013.--For the fiscal year ending September
30, 2013, if the percentage of motor vehicles exceeding
the speed limit on maximum speed highways in the State
is greater than 30 percent, the Secretary shall
transfer up to 10 percent of the aggregate amount of
Federal-aid highway funds apportioned to the State
under sections 104(b)(1) and 104(b)(3) for the fiscal
year ending September 30, 2015, to one or more State
safety projects.
``(F) Subsequent years.--In a fiscal year following
the fiscal year ending September 30, 2013, if the
percentage of motor vehicles exceeding the speed limit
on maximum speed highways in the State is greater than
30 percent, the Secretary shall transfer up to 10
percent of the aggregate amount of Federal-aid highway
funds apportioned to the State under sections 104(b)(1)
and 104(b)(3) for the fiscal year ending 2 years later,
to one or more State safety projects.
``(2) Hardship exemption.--Notwithstanding paragraph (1),
if the Secretary determines, in accordance with criteria
established by the Secretary, that a transfer of funds under
paragraph (1) would result in hardship to a State in the fiscal
year in which the transfer would apply, the Secretary shall
defer the transfer until the subsequent fiscal year.
``(d) Definitions.--In this section:
``(1) Motor vehicle.--The term `motor vehicle' means any
vehicle driven or drawn by mechanical power manufactured
primarily for use on public highways, except any vehicle
operated exclusively on a rail or rails.
``(2) Maximum speed limit highway.--The term `maximum speed
limit highway' means a highway subject to the speed limits
established under paragraphs (1) and (2) of subsection (a).
``(3) Safety project.--The term `safety project' means a
project carried out for the purpose of safety under this title,
including a project to promote the awareness and education of
the public concerning highway safety matters (including
motorcyclist safety) and to enforce highway safety laws.''.
(b) Study.--
(1) In general.--The Secretary shall arrange with the
Transportation Research Board of the National Academy of
Sciences to conduct a comprehensive study and investigation of
the following:
(A) Benefits of the program.--The benefits, both
human and economic, of lowered speeds due to the
enactment of this Act, with particular attention to the
savings to taxpayers.
(B) Effectiveness of state enforcement.--Whether
the laws of each State constitute a substantial
deterrent to violations of the speed limit on maximum
speed limit highways.
(2) Report.--In entering into an arrangement with the
Transportation Research Board of the National Academy of
Sciences for conducting such study and investigation, the
Secretary shall request the Board to report to the Secretary
and Congress not later than 12 months after the date of
enactment of this Act on the results of such study and
investigation, together with its recommendations. The Secretary
shall furnish to the Board on request any information which the
Board considers necessary for the purpose of conducting the
investigation and study authorized by this section.
(c) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 149 the following:
``150. National maximum speed limits.''. | Gasoline Savings and Speed Limit Reduction Act of 2008 - Prohibits the Secretary of Transportation from approving a federal-aid highway project for a state: (1) with a maximum speed limit in excess of 60 miles per hour on any state highway (other than a highway on the National Highway System (NHS) located outside of an urbanized area), or in excess of 65 miles per hour on any such NHS highway; and (2) that has failed to certify to the Secretary that it is enforcing such national maximum speed limits.
Prohibits the Secretary from approving a federal-aid highway project also for a state with a speed limit on any portion of a public highway within its jurisdiction which is not uniformly applicable to all types of motor vehicles using such portion of highway, if on July 1, 2008, such highway portion had a speed limit which was uniformly applicable to all types of motor vehicles using it. Allows a lower speed limit, however, for a vehicle under a special permit based on the weight or dimension of such vehicle. Makes the requirement inapplicable, also, during any time that the condition of the highway, weather, or an accident creates a temporary hazard to the safety of traffic.
Requires the Secretary to transfer up to a specified annual percentage of the aggregate amount of federal-aid highway funds to state safety projects in states that fail to enforce the national maximum speed limits.
Directs the Secretary to arrange with the Transportation Research Board of the National Academy of Sciences to study, and report to the Secretary and Congress on, the benefits of the national maximum speed limits program and the effectiveness of state enforcement of such limits. | {"src": "billsum_train", "title": "To establish a national maximum speed limit of 60 miles per hour on highways, and 65 miles per hour on portions of the National Highway System located outside of an urbanized area."} | 2,069 | 364 | 0.716637 | 1.829421 | 0.808187 | 4.434375 | 6.0875 | 0.934375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom Flat Tax Act''.
SEC. 2. FREEDOM FLAT TAX.
(a) In General.--Subchapter A of chapter 1 is amended by inserting
after part VII the following new part:
``PART VIII-FREEDOM FLAT TAX
``Sec. 60. Irrevocable election to be
subject to flat tax.
``Sec. 60A. Tax imposed on individuals.
``Sec. 60B. Tax imposed on business
activities.
``Sec. 60C. Tax on noncash compensation
provided to employees not
engaged in business activity.
``SEC. 60. IRREVOCABLE ELECTION TO BE SUBJECT TO FLAT TAX.
``(a) Individual.--
``(1) In general.--Except as provided in paragraph (2), in
lieu of the tax imposed by sections 1 and 55, under regulations
prescribed by the Secretary, an individual may make an
irrevocable election to be subject to the tax imposed by this
part.
``(2) Innocent spouse exception.--An individual who has
made an election under paragraph (1) and who subsequently
obtains relief of liability for tax under section 6015(b) may,
not later than 1 year after the date such relief is granted,
revoke the election made under paragraph (1).
``(b) Person Engaged in Business Activity.--In lieu of the tax
imposed by sections 11 and 55, under regulations prescribed by the
Secretary, a person engaged in business activity may make an
irrevocable election to be subject to the tax imposed by this part.
``SEC. 60A. TAX IMPOSED ON INDIVIDUALS.
``(a) In General.--There is hereby imposed on the taxable income of
every individual who makes an election to be subject to this part a tax
equal to--
``(1) 19 percent of the taxable income of such individual
for such taxable year in the case of the first 2 taxable years
of the individual beginning with the taxable year for which the
election is made, and
``(2) 17 percent of the taxable income of such individual
for such taxable year in the case of all taxable years
subsequent to the taxable years described in paragraph (1).
``(b) Taxable Income.--For purposes of this part, the term `taxable
income' means the excess of--
``(1) the sum of--
``(A) wages (as defined in section 3121(a) without
regard to paragraph (1) thereof) which are paid in cash
and which are received during the taxable year for
services performed in the United States,
``(B) retirement distributions which are includible
in gross income for such taxable year, plus
``(C) amounts received under any law of the United
States or of any State which is in the nature of
unemployment compensation, over
``(2) the standard deduction.
``(c) Standard Deduction.--For purposes of this part--
``(1) In general.--The term `standard deduction' means the
sum of--
``(A) the basic standard deduction, plus
``(B) the additional standard deduction.
``(2) Basic standard deduction.--For purposes of paragraph
(1), the basic standard deduction is--
``(A) $25,580 in the case of--
``(i) a joint return, or
``(ii) a surviving spouse (as defined in
section 2(a)),
``(B) $16,330 in the case of a head of household
(as defined in section 2(b)), and
``(C) $12,790 in the case of an individual--
``(i) who is not married and who is not a
surviving spouse or head of household, or
``(ii) who is a married individual filing a
separate return.
``(3) Additional standard deduction.--For purposes of
paragraph (1), the additional standard deduction is $5,510 for
each dependent (as defined in section 152) who is described in
section 151(c)(1) for the taxable year and who is not required
to file a return for such taxable year.
``(d) Retirement Distributions.--For purposes of this section, the
term `retirement distribution' means any distribution from--
``(1) a plan described in section 401(a) which includes a
trust exempt from tax under section 501(a),
``(2) an annuity plan described in section 403(a),
``(3) an annuity contract described in section 403(b),
``(4) an individual retirement account described in section
408(a),
``(5) an individual retirement annuity described in section
408(b),
``(6) an eligible deferred compensation plan (as defined in
section 457),
``(7) a governmental plan (as defined in section 414(d)),
or
``(8) a trust described in section 501(c)(18).
Such term includes any plan, contract, account, annuity, or trust
which, at any time, has been determined by the Secretary to be such a
plan, contract, account, annuity, or trust.
``(e) Income of Certain Children.--For purposes of this part--
``(1) an individual's taxable income shall include the
taxable income of each dependent child of such individual who
has not attained age 14 as of the close of such taxable year,
and
``(2) such dependent child shall have no liability for tax
imposed by this section with respect to such income and shall
not be required to file a return for such taxable year.
``(f) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2004, each dollar amount
contained in subsection (c) shall be increased by an amount
determined by the Secretary to be equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment for such
calendar year.
``(2) Cost-of-living adjustment.--For purposes of paragraph
(1), the cost-of-living adjustment for any calendar year is the
percentage (if any) by which--
``(A) the CPI for the preceding calendar year,
exceeds
``(B) the CPI for the calendar year 2003.
``(3) CPI for any calendar year.--For purposes of paragraph
(2), the CPI for any calendar year is the average of the
Consumer Price Index as of the close of the 12-month period
ending on August 31 of such calendar year.
``(4) Consumer price index.--For purposes of paragraph (3),
the term `Consumer Price Index' means the last Consumer Price
Index for all-urban consumers published by the Department of
Labor. For purposes of the preceding sentence, the revision of
the Consumer Price Index which is most consistent with the
Consumer Price Index for calendar year 1986 shall be used.
``(5) Rounding.--If any increase determined under paragraph
(1) is not a multiple of $10, such increase shall be rounded to
the next highest multiple of $10.
``(g) Marital Status.--For purposes of this section, marital status
shall be determined under section 7703.
``SEC. 60B. TAX IMPOSED ON BUSINESS ACTIVITIES.
``(a) Tax Imposed.--There is hereby imposed on every person engaged
in a business activity who makes an election to be taxed under this
part a tax equal to--
``(1) 19 percent of the business taxable income of such
person for such taxable year in the case of the first 2 taxable
years of the individual beginning with the taxable year for
which the election is made, and
``(2) 17 percent of the business taxable income of such
person for such taxable year in the case of all taxable years
subsequent to the taxable years described in paragraph (1).
``(b) Liability for Tax.--The tax imposed by this section shall be
paid by the person engaged in the business activity, whether such
person is an individual, partnership, corporation, or otherwise.
``(c) Business Taxable Income.--For purposes of this section--
``(1) In general.--The term `business taxable income' means
gross active income reduced by the deductions specified in
subsection (d).
``(2) Gross active income.--
``(A) In general.--For purposes of paragraph (1),
the term `gross active income' means gross receipts
from--
``(i) the sale or exchange of property or
services in the United States by any person in
connection with a business activity, and
``(ii) the export of property or services
from the United States in connection with a
business activity.
``(B) Exchanges.--For purposes of this section, the
amount treated as gross receipts from the exchange of
property or services is the fair market value of the
property or services received, plus any money received.
``(C) Coordination with special rules for financial
services, etc.--Except as provided in subsection (e)--
``(i) the term `property' does not include
money or any financial instrument, and
``(ii) the term `services' does not include
financial services.
``(3) Exemption from tax for activities of governmental
entities and tax-exempt organizations.--For purposes of this
section, the term `business activity' does not include any
activity of a governmental entity or of any other organization
which is exempt from tax under this chapter.
``(d) Deductions.--
``(1) In general.--The deductions specified in this
subsection are--
``(A) the cost of business inputs for the business
activity,
``(B) wages (as defined in section 3121(a) without
regard to paragraph (1) thereof) which are paid in cash
for services performed in the United States as an
employee, and
``(C) retirement contributions to or under any plan
or arrangement which makes retirement distributions (as
defined in section 63(c)) for the benefit of such
employees to the extent such contributions are allowed
as a deduction under section 404.
``(2) Business inputs.--
``(A) In general.--For purposes of paragraph (1),
the term `cost of business inputs' means--
``(i) the amount paid for property sold or
used in connection with a business activity,
``(ii) the amount paid for services (other
than for the services of employees, including
fringe benefits paid by reason of such
services) in connection with a business
activity, and
``(iii) any excise tax, sales tax, customs
duty, or other separately stated levy imposed
by a Federal, State, or local government on the
purchase of property or services which are for
use in connection with a business activity.
Such term shall not include any tax imposed by chapter
2 or 21.
``(B) Exceptions.--Such term shall not include--
``(i) items described in subparagraphs (B)
and (C) of paragraph (1), and
``(ii) items for personal use not in
connection with any business activity.
``(C) Exchanges.--For purposes of this section, the
amount treated as paid in connection with the exchange
of property or services is the fair market value of the
property or services exchanged, plus any money paid.
``(e) Special Rules for Financial Inter-
mediation Service Activities.--In the case of the business activity of
providing financial intermediation services, the taxable income from
such activity shall be equal to the value of the intermediation
services provided in such activity.
``(f) Exception for Services Performed as Employee.--For purposes
of this section, the term `business activity' does not include the
performance of services by an employee for the employee's employer.
``(g) Carryover of Credit-Equivalent of Excess Deductions.--
``(1) In general.--If the aggregate deductions for any
taxable year exceed the gross active income for such taxable
year, the credit-equivalent of such excess shall be allowed as
a credit against the tax imposed by this section for the
following taxable year.
``(2) Credit-equivalent of excess deductions.--For purposes
of paragraph (1), the credit-equivalent of the excess described
in paragraph (1) for any taxable year is an amount equal to--
``(A) the sum of--
``(i) such excess, plus
``(ii) the product of such excess and the
3-month Treasury rate for the last month of
such taxable year, multiplied by
``(B) the rate of the tax imposed by subsection (a)
for such taxable year.
``(3) Carryover of unused credit.--If the credit allowable
for any taxable year by reason of this subsection exceeds the
tax imposed by this section for such year, then (in lieu of
treating such excess as an overpayment) the sum of--
``(A) such excess, plus
``(B) the product of such excess and the 3-month
Treasury rate for the last month of such taxable year,
shall be allowed as a credit against the tax imposed by this
section for the following taxable year.
``(4) 3-month treasury rate.--For purposes of this
subsection, the 3-month Treasury rate is the rate determined by
the Secretary based on the average market yield (during any 1-
month period selected by the Secretary and ending in the
calendar month in which the determination is made) on
outstanding marketable obligations of the United States with
remaining periods to maturity of 3 months or less.
``SEC. 60C. TAX ON NONCASH COMPENSATION PROVIDED TO EMPLOYEES NOT
ENGAGED IN BUSINESS ACTIVITY.
``(a) Imposition of Tax.--There is hereby imposed a tax equal to 19
percent (17 percent in the case of calendar years beginning after
December 31, 2004) of the value of excludable compensation provided
during the calendar year by an employer for the benefit of employees to
whom this section applies.
``(b) Liability for Tax.--The tax imposed by this section shall be
paid by the employer.
``(c) Excludable Compensation.--For purposes of subsection (a), the
term `excludable compensation' means any remuneration for services
performed as an employee other than--
``(1) wages (as defined in section 3121(a) without regard
to paragraph (1) thereof) which are paid in cash,
``(2) remuneration for services performed outside the
United States, and
``(3) retirement contributions to or under any plan or
arrangement which makes retirement distributions (as defined in
section 63(c)).
``(d) Employees to Whom Section Applies.--This section shall apply
to an employee who is employed in any activity by--
``(1) any organization which is exempt from taxation under
this chapter, or
``(2) any agency or instrumentality of the United States,
any State or political subdivision of a State, or the District
of Columbia.''
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VIII. Freedom Flat Tax.''.
(c) Effective Date.--The amendments made by this title shall apply
to taxable years beginning after December 31, 2003. | Freedom Flat Tax Act - Amends the Internal Revenue Code to authorize an individual and a person engaged in business activity to make an irrevocable election to be subject to a flat tax (in lieu of the existing tax provisions) of 19 percent for the first two years, and 17 percent thereafter.Defines individual and business "taxable income."Imposes an employer tax on the value of excludable compensation provided to employees not engaged in business activity of 19 percent through 2004, and 17 percent thereafter. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide taxpayers a flat tax alternative to the current income tax system."} | 3,491 | 108 | 0.626259 | 1.576873 | 1.225459 | 2.580645 | 34.666667 | 0.860215 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Billing Accountability Act of 2015''.
SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO WAIVE REQUIREMENT
OF CERTAIN VETERANS TO MAKE COPAYMENTS FOR CARE AND
SERVICES IN THE CASE OF DEPARTMENT OF VETERANS AFFAIRS
ERROR.
(a) Hospital Care, Nursing Home Care, and Medical Services.--
Section 1710(f)(3) of title 38, United States Code, is amended by
adding at the end the following new subparagraph:
``(G) The Secretary may waive the requirement of a veteran to make
a payment under this subsection or subsection (g) if--
``(i) an error committed by the Department or an employee
of the Department was the cause of delaying notification sent
to the veteran of the requirement to make the payment; and
``(ii) the veteran received such notification later than
120 days after the date on which the veteran received the care
or services for which the payment was required.''.
(b) Medications.--Section 1722A of such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) The Secretary may waive the requirement of a veteran to make
a payment under this section if--
``(1) an error committed by the Department or an employee
of the Department was the cause of delaying notification sent
to the veteran of the requirement to make the payment; and
``(2) the veteran received such notification later than 120
days after the date on which the veteran received the
medication for which the payment was required.''.
(c) Billing Procedures.--
(1) In general.--Subchapter I of chapter 17 of such title
is amended by adding at the end the following new section:
``Sec. 1709C. Procedures for copayments
``(a) Care at Department Facility.--(1) In requiring a veteran to
make a payment for care or services provided at a medical facility of
the Department pursuant to this chapter, including sections 1710 and
1722A of this title, the Secretary shall provide to such veteran a
notification of such required payment by not later than 120 days after
the date on which the veteran receives the care or services for which
payment is required.
``(2) If the Secretary does not provide to a veteran a notification
of the required payment by the date required under paragraph (1), the
Secretary may not collect such payment, including through a third-party
entity, unless the Secretary provides the veteran the following:
``(A) Information regarding how to apply for a waiver
described in section 1710(f)(3)(G) or section 1722A(c) of this
title, as appropriate.
``(B) Information regarding how to establish a payment plan
with the Secretary.
``(C) An opportunity to make such a waiver or establish
such a payment plan.
``(b) Care at Non-Department Facility.--(1) In requiring a veteran
to make a payment for care or services provided at a non-Department
facility pursuant to this chapter or any other provision of law, the
Secretary shall provide to such veteran a notification of such required
payment by not later than 18 months after the date on which the veteran
receives the care or services for which payment is required.
``(2) If the Secretary does not provide to a veteran a notification
of the required payment by the date required under paragraph (1), the
Secretary may not collect such payment, including through a third-party
entity, unless the Secretary provides the veteran the following:
``(A) Information regarding how to apply for a waiver
described in paragraph (3).
``(B) Information regarding how to establish a payment plan
with the Secretary.
``(C) An opportunity to make such a waiver or establish
such a payment plan.
``(3) The Secretary may waive the requirement of a veteran to make
a payment for care or services provided at a non-Department facility
pursuant to this chapter or any other provision of law if--
``(A) an error committed by the Department, an employee of
the Department, or a non-Department facility was the cause of
delaying notification sent to the veteran of the requirement to
make the payment; and
``(B) the veteran received such notification later than 18
months after the date on which the veteran receives the care or
services for which payment is required.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1709B the following new item:
``1709C. Procedures for copayments.''.
(d) Improvement of Procedures.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall--
(1) review the copayment billing internal controls and
notification procedures of the Department of Veterans Affairs;
and
(2) improve such controls and procedures, including
pursuant to the amendments made by this section. | Department of Veterans Affairs Billing Accountability Act of 2015 This bill authorizes the Department of Veterans Affairs (VA) to waive the requirement that a veteran make copayments for medications, hospital care, nursing home care, and medical services if: an error committed by the VA or a VA employee was the cause of delaying copayment notification to the veteran, and the veteran received such notification later than 120 days (18 months in the case of a non-VA facility) after the date on which the veteran received the care or services. In requiring a veteran to make a copayment for care or services provided at a VA or a non-VA medical facility the VA shall notify the veteran not later than 120 days (18 months in the case of a non-VA facility) after the date on which the veteran received the care or services. If the VA does not provide notification by such date it may not collect the payment, including through a third-party entity, unless the veteran is provided with: information about applying for a waiver and establishing a payment plan with the VA, and opportunity to make a waiver or establish a payment plan. The VA shall review and improve its copayment billing internal controls and notification procedures. | {"src": "billsum_train", "title": "Department of Veterans Affairs Billing Accountability Act of 2015"} | 1,156 | 260 | 0.668886 | 1.790487 | 0.813422 | 3.809129 | 4.419087 | 0.887967 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Housing Asset Management
Improvement Act of 2008''.
SEC. 2. REVISIONS TO ASSET MANAGEMENT RULES AND RELATED FEES.
(a) Management and Related Fees.--The Secretary of Housing and
Urban Development shall not impose any restriction or limitation on the
amount of management and related fees with respect to a public housing
project if the fee is determined to be reasonable by the public housing
agency, unless such restriction or limitation imposed by the Secretary
on such fees--
(1) is determined pursuant to a negotiated rulemaking which
is convened by the Secretary no earlier than April 1, 2009, and
in accordance with subchapter III of chapter 5 of title 5,
United States Code, with representatives from interested
parties; and
(2) is effective only on or after January 1, 2011.
The Secretary may not consider a public housing agency as failing to
comply with the asset management requirements of subpart H of part 990
of title 24 of the Code of Federal Regulations, or any successor or
amended regulation containing asset management requirements, or
determine that an agency fails to comply with such requirements,
because of or as a result of the agency determining its fees in
accordance with this subsection.
(b) Increase of Threshold for Exemption From Asset Management
Requirements.--
(1) Increase.--Any public housing agency that owns or
operates fewer than 500 public housing units under title I of
the United States Housing Act of 1937 may elect to be exempt
from any asset management requirement imposed by the Secretary
of Housing and Urban Development.
(2) Determination of operating fund allocation.--If a
public housing agency elects pursuant to paragraph (1) to be
exempt from asset management requirements, the agency may, at
its option, retain the same number of separate public housing
projects, for purposes of determining its operating fund
allocation, as the agency had identified and the Secretary of
Housing and Urban Development had approved before the agency's
election to be so exempt.
SEC. 3. PROHIBITION ON RESTRICTION OF FUNGIBILITY OF CAPITAL FUND
AMOUNTS.
The Secretary of Housing and Urban Development shall not impose any
requirement, regulation, or guideline relating to asset management that
restricts or limits in any way the use by public housing agencies of
amounts for Capital Fund assistance under section 9(d) of such Act,
pursuant to paragraph (1) or (2) of section 9(g) of the United States
Housing Act of 1937 (42 U.S.C. 1437g(g)), for costs of any central
office of a public housing agency.
SEC. 4. TENANT PARTICIPATION.
(a) Rule of Construction.--Neither the requirements of this Act,
nor any other requirement, regulation, guideline, or other policy or
action of the Department of Housing and Urban Development relating to
public housing asset management may be construed to repeal or waive any
provision of part 964 of title 24 of the Code of Federal Regulations,
regarding tenant participation and tenant opportunities in public
housing. The Secretary of Housing and Urban Development shall ensure
that public housing agencies encourage the reasonable efforts of
resident tenant organizations to represent their members or the
reasonable efforts of tenants to organize.
(b) PHAs in Receivership.--In the case of any public housing agency
in receivership, the Secretary of Housing and Urban Development or any
receiver may not abrogate, waive, repeal, or modify any provision of
part 964 of title 24 of the Code of Federal Regulations or any
provision of a formalized housing agreement entered into pursuant to
such part 964 (including pursuant to section 964.11, 964.14,
964.18(a)(6), or 964.135 of such part) before the commencement of such
receivership by a resident or tenant organization and the public
housing agency.
(c) Guidance.--Guidance issued by the Secretary of Housing and
Urban Development shall encourage participation by residents in the
implementation of asset management and the development of local
policies for such purposes.
SEC. 5. INELIGIBILITY OF ILLEGAL IMMIGRANTS FOR ASSISTANCE.
Immigrants who are not lawfully present in the United States shall
be ineligible for financial assistance under this Act, as provided and
defined by section 214 of the Housing and Community Development Act of
1980 (42 U.S.C. 1436a). Nothing in this Act shall be construed to alter
the restrictions or definitions in such section 214.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Prohibition of Management Fees for Agreements Prohibiting or
Requiring Registration of Firearms.--The Secretary of Housing and Urban
Development shall not accept as reasonable any management or related
fees for enforcing any provision of a dwelling lease agreement or other
similar agreement that requires the registration of or prohibits the
possession of any firearm that is possessed by an individual for his or
her personal protection or for sport the possession of which is not
prohibited, or the registration of which is not required, by existing
law.
(b) Community Service Requirement.--
(1) Option to establish.--Section 12(c) of the United
States Housing Act of 1937 (42 U.S.C. 1347j(c)) is amended--
(A) in the subsection heading, by inserting
``Optional'' before ``Community Service'';
(B) in paragraph (1), by striking the matter that
precedes subparagraph (A) and inserting the following:
``(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, a public housing
agency may, at the option of the agency, require that each
adult resident of a public housing project--'';
(C) in paragraph (2), by striking the matter that
precedes subparagraph (A) and inserting the following:
``(2) Exemptions.--The Secretary shall require each public
housing agency that establishes a community service requirement
pursuant to paragraph (1) to provide an exemption from the
applicability of the requirements authorized by paragraph (1)
for any individual who--'';
(D) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``the requirement
under paragraph (1), the public housing
agency'' and inserting ``a requirement
established pursuant to paragraph (1)
by a public housing agency, the
agency''; and
(II) by striking ``the requirement
under paragraph (1) of this
subsection'' and inserting ``such
requirement''; and
(ii) in subparagraph (C)--
(I) in the matter preceding clause
(i), by striking ``the requirement
under paragraph (1)'' and inserting ``a
requirement established pursuant to
paragraph (1) by the agency'';
(II) in clause (i)(III) by striking
``the resident's lease will not be
renewed'' and inserting the following
``the agency may, in accordance with
policies established by the agency at
the option of the agency, refuse to
renew the resident's lease''; and
(III) in clause (ii)--
(aa) by striking ``not''
and inserting ``, in accordance
with policies established by
the agency at the option of the
agency, refuse to'';
(bb) by striking ``shall''
and inserting ``may, in
accordance with such
policies,''; and
(cc) by striking ``under
paragraph (1)'' and inserting
``established pursuant to
paragraph (1)'';
(E) in paragraph (4)--
(i) by striking ``not'' and inserting ``,
in accordance with policies established by the
agency at the option of the agency, refuse
to''; and
(ii) by striking ``the requirement under
paragraph (1)'' and inserting ``a requirement
established pursuant to paragraph (1) by the
agency'';
(F) in paragraph (5), by inserting ``that
establishes a community service requirement pursuant to
paragraph (1)'' after ``Each public housing agency'';
(G) in paragraph (6), by striking ``The requirement
under'' and inserting ``A requirement established
pursuant to''; and
(H) in paragraph (8), by striking ``the community
service requirement under'' and inserting ``a community
service requirement established pursuant to''.
(2) PHA plan.--Section 5A(d)(12) of the United States
Housing Act of 1937 (42 U.S.C. 1437c-1(d)(12)) is amended by
striking subparagraph (C) and inserting the following new
subparagraph:
``(C) whether the public housing agency will have
in effect a community service requirement pursuant to
section 12(c) and, if so, how the agency will comply
with the requirements of such section, and how the
agency will comply with the requirements of section
12(d) (relating to treatment of income changes
resulting from welfare program requirements).''.
(c) Public and Assisted Housing Drug Elimination Program.--
(1) Authorization of appropriations.--Section 5129 of the
Anti-Drug Abuse Act of 1988 (42 U.S.C. 11908) is amended by
striking subsection (a) and inserting the following new
subsection:
``(a) In General.--There are authorized to be appropriated to carry
out this chapter such sums as may be necessary for each of fiscal years
2009, 2010, and 2011.''.
(2) Eligible activities.--Section 5124(a)(6) of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11903(a)(6)) is amended by
striking the semicolon at the end and inserting the following:
``, except that the activities conducted under any program
carried out in whole or in part with grant amounts provided
pursuant to this paragraph may include--
``(A) providing treatment for drug abuse through
rehabilitation or relapse prevention;
``(B) providing education about the dangers and
adverse consequences of drug use or violent crime;
``(C) identifying drug users, assisting such users
in discontinuing their drug use through an education
program, and, if appropriate, referring the users to a
drug treatment program;
``(D) providing after school activities for youths
for the purpose of discouraging, reducing, or
eliminating drug use or violent crime by youths;
``(E) providing capital improvements for the
purpose of discouraging, reducing, or eliminating drug
use or violent crime;
``(F) providing security services for the purpose
of discouraging, reducing, or eliminating drug use or
violent crime; and
``(G) other appropriate activities.''. | Public Housing Asset Management Improvement Act of 2008 - Prohibits the Secretary of Housing and Urban Development from imposing restrictions or limitations on the amount of management and related fees for a public housing project which the public housing agency (PHA) determines reasonable, unless such restriction or limitation: (1) is determined pursuant to a negotiated rulemaking convened by the Secretary no earlier than April 1, 2009, with representatives from interested parties; and (2) is effective only on or after January 1, 2011.
Allows any PHA that owns or operates fewer than 500 public housing units under the United States Housing Act of 1937 to elect to be exempt from asset management requirements imposed by the Secretary.
Prohibits the Secretary from imposing any requirement, regulation, or guideline relating to asset management that restricts or limits in any way the use by PHAs of amounts for Capital Fund assistance for costs of any PHA central office.
Requires the Secretary to ensure that PHAs encourage the reasonable efforts of resident tenant organizations to represent their members and of tenants to organize.
Makes illegal immigrants ineligible for financial assistance under this Act.
Prohibits the Secretary from accepting as reasonable any management or related fees for enforcing a dwelling lease or other similar agreement that requires the registration of or prohibits the possession of firearms by an individual for personal protection or for sport, if the possession is not prohibited, or the registration is not required, by existing law.
Amends the United States Housing Act of 1937 to convert current community service requirements (and related exemptions) for adult residents of public housing projects to make them optional at the discretion of a PHA.
Amends the Anti-Drug Abuse Act of 1988 to authorize appropriations for FY2009-FY2011. Expands the scope of eligible activities that may be conducted under public and assisted housing drug elimination programs. | {"src": "billsum_train", "title": "To improve the Operating Fund for public housing of the Department of Housing and Urban Development, and for other purposes."} | 2,390 | 400 | 0.649568 | 2.10899 | 0.840439 | 4.9683 | 6.201729 | 0.92219 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Protecting Girls by
Preventing Child Marriage Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Child marriage, also known as ``forced marriage'' or
``early marriage'', is a harmful traditional practice that
deprives girls of their dignity and human rights.
(2) Child marriage as a traditional practice, as well as
through coercion or force, is a violation of article 16 of the
Universal Declaration of Human Rights, which states, ``Marriage
shall be entered into only with the free and full consent of
intending spouses.''.
(3) According to the United Nations Children's Fund
(UNICEF), an estimated 60,000,000 girls in developing countries
now ages 20-24 were married under the age of 18, and if present
trends continue more than 100,000,000 more girls in developing
countries will be married as children over the next decade,
according to the Population Council.
(4) Child marriage ``treats young girls as property'' and
``poses grave risks not only to women's basic rights but also
their health, economic independence, education, and status in
society'', according to the Department of State in 2005.
(5) In 2005, the Department of State conducted a world-wide
survey and found child marriage to be a concern in 64 out of
182 countries surveyed, with child marriage most common in sub-
Saharan Africa and parts of South Asia.
(6) In Ethiopia's Amhara region, about half of all girls
are married by age 14 with 95 percent not knowing their
husbands before marriage, 85 percent unaware they were to be
married, and 70 percent reporting their first sexual initiation
within marriage taking place before their first menstrual
period, according to a 2004 Population Council survey.
(7) In some areas of northern Nigeria, 45 percent of girls
are married by age 15 and 73 percent by age 18, with age gaps
between girls and the husbands averaging between 12 and 18
years.
(8) Between half and three-quarters of all girls are
married before the age of 18 in the following countries: Niger,
Chad, Mali, Bangladesh, Guinea, the Central African Republic,
Mozambique, Burkina Faso, and Nepal, according to Demographic
Health Survey data.
(9) Factors perpetuating child marriage include poverty, a
lack of educational or employment opportunities for girls,
parental concerns to ensure sexual relations within marriage,
the dowry system, and the perceived lack of value of girls.
(10) Child marriage has negative effects on girls' health,
including significantly increased risk of maternal death and
morbidity, infant mortality and morbidity, obstetric fistula,
and sexually transmitted diseases, including HIV/AIDS.
(11) According to the United States Agency for
International Development (USAID), increasing the age at first
birth for a woman will increase her chances of survival.
Currently, pregnancy and childbirth complications are the
leading cause of death for women 15 to 19 years old in
developing countries.
(12) In developing countries, girls 15 years of age are
five times more likely to die in childbirth than women in their
20s.
(13) Child marriage can result in bonded labor or
enslavement, commercial sexual exploitation, and violence
against the victims, according to UNICEF.
(14) Out-of-school or unschooled girls are at greater risk
of child marriage while girls in school face pressure to
withdraw from school when secondary school requires monetary
costs, travel, or other social costs, including lack of
lavatories and supplies for menstruating girls and increased
risk of sexual violence.
(15) In Mozambique 60 percent of girls with no education
are married by age 18, compared to 10 percent of girls with
secondary schooling and less than 1 percent of girls with
higher education.
(16) According to UNICEF, in 2005 it was estimated that
``about half of girls in Sub-Saharan Africa who drop out of
primary school do so because of poor water and sanitation
facilities''.
(17) UNICEF reports that investments in improving school
sanitation resulted in a 17 percent increase in school
enrollment for girls in Guinea and an 11 percent increase for
girls in Bangladesh.
(18) Investments in girls' schooling, creating safe
community spaces for girls, and programs for skills building
for out-of-school girls are all effective and demonstrated
strategies for preventing child marriage and creating a pathway
to empower girls by addressing conditions of poverty, low
status, and norms that contribute to child marriage.
(19) Most countries with high rates of child marriage have
a legally established minimum age of marriage, yet child
marriage persists due to strong traditional norms and the
failure to enforce existing laws.
(20) In Afghanistan, where the legal age of marriage for
girls is 16 years, 57 percent of marriages involve girls below
the age of 16, including girls younger than 10 years, according
to the United Nations Children's Fund (UNICEF).
(21) Secretary of State Hillary Clinton has stated that
``child marriage is a clear and unacceptable violation of human
rights, and that the Department of State denounces all cases of
child marriage as child abuse''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) child marriage is a violation of human rights and the
prevention and elimination of child marriage should be a
foreign policy goal of the United States;
(2) the practice of child marriage undermines United States
investments in foreign assistance to promote education and
skills building for girls, reduce maternal and child mortality,
reduce maternal illness, halt the transmission of HIV/AIDS,
prevent gender-based violence, and reduce poverty; and
(3) expanding educational opportunities for girls, economic
opportunities for women, and reducing maternal and child
mortality are critical to achieving the Millennium Development
Goals and the global health and development objectives of the
United States, including efforts to prevent HIV/AIDS.
SEC. 4. ASSISTANCE TO PREVENT THE INCIDENCE OF CHILDHOOD MARRIAGE IN
DEVELOPING COUNTRIES.
(a) Assistance Authorized.--The President is authorized to provide
assistance, including through multilateral, nongovernmental, and faith-
based organizations, to prevent the incidence of child marriage in
developing countries and to promote the educational, health, economic,
social, and legal empowerment of girls and women as part of the
strategy established pursuant to section 5 to prevent child marriage in
developing countries.
(b) Priority.--In providing assistance authorized under subsection
(a), the President shall give priority to--
(1) areas or regions in developing countries in which 15
percent of girls under the age of 15 are married or 40 percent
of girls under the age of 18 are married; and
(2) activities to--
(A) expand and replicate existing community-based
programs that are successful in preventing the
incidence of child marriage;
(B) establish pilot projects to prevent child
marriage; and
(C) share evaluations of successful programs,
program designs, experiences, and lessons.
(c) Coordination.--Assistance authorized under subsection (a) shall
be integrated with existing United States programs for advancing
appropriate age and grade-level basic and secondary education through
adolescence, ensure school enrollment and completion for girls, health,
income generation, agriculture development, legal rights, and democracy
building and human rights, including--
(1) support for community-based activities that encourage
community members to address beliefs or practices that promote
child marriage and to educate parents, community leaders,
religious leaders, and adolescents of the health risks
associated with child marriage and the benefits for
adolescents, especially girls, of access to education, health
care, livelihood skills, microfinance, and savings programs;
(2) enrolling girls in primary and secondary school at the
appropriate age and keeping them in age-appropriate grade
levels through adolescence;
(3) reducing education fees, and enhancing safe and
supportive conditions in primary and secondary schools to meet
the needs of girls, including--
(A) access to water and suitable hygiene
facilities, including separate lavatories and latrines
for girls;
(B) assignment of female teachers;
(C) safe routes to and from school; and
(D) eliminating sexual harassment and other forms
of violence and coercion;
(4) ensuring access to health care services and proper
nutrition for adolescent girls, which is essential to both
their school performance and their economic productivity;
(5) increasing training for adolescent girls and their
parents in financial literacy and access to economic
opportunities, including livelihood skills, savings,
microfinance, and small-enterprise development;
(6) supporting education, including through community and
faith-based organizations and youth programs, that helps remove
gender stereotypes and the bias against girls used to justify
child marriage, especially efforts targeted at men and boys,
promotes zero tolerance for violence, and promotes gender
equality, which in turn help to increase the perceived value of
girls;
(7) creating peer support and female mentoring networks and
safe social spaces specifically for girls; and
(8) supporting local advocacy work to provide legal
literacy programs at the community level and ensure that
governments and law enforcement officials are meeting their
obligations to prevent child and forced marriage.
SEC. 5. STRATEGY TO PREVENT CHILD MARRIAGE IN DEVELOPING COUNTRIES.
(a) Strategy Required.--The President, acting through the Secretary
of State, shall establish a multi-year strategy to prevent child
marriage in developing countries and promote the empowerment of girls
at risk of child marriage in developing countries, including by
addressing the unique needs, vulnerabilities, and potential of girls
under 18 in developing countries.
(b) Consultation.--In establishing the strategy required by
subsection (a), the President shall consult with Congress, relevant
Federal departments and agencies, multilateral organizations, and
representatives of civil society.
(c) Elements.--The strategy required by subsection (a) shall--
(1) focus on areas in developing countries with high
prevalence of child marriage; and
(2) encompass diplomatic initiatives between the United
States and governments of developing countries, with attention
to human rights, legal reforms and the rule of law, and
programmatic initiatives in the areas of education, health,
income generation, changing social norms, human rights, and
democracy building.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to Congress a
report that includes--
(1) the strategy required by subsection (a);
(2) an assessment, including data disaggregated by age and
gender to the extent possible, of current United States-funded
efforts to specifically assist girls in developing countries;
and
(3) examples of best practices or programs to prevent child
marriage in developing countries that could be replicated.
SEC. 6. RESEARCH AND DATA COLLECTION.
The Secretary of State shall work through the Administrator of the
United States Agency for International Development and any other
relevant agencies of the Department of State, and in conjunction with
relevant executive branch agencies as part of their ongoing research
and data collection activities, to--
(1) collect and make available data on the incidence of
child marriage in countries that receive foreign or development
assistance from the United States where the practice of child
marriage is prevalent; and
(2) collect and make available data on the impact of the
incidence of child marriage and the age at marriage on progress
in meeting key development goals.
SEC. 7. DEPARTMENT OF STATE'S COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES.
The Foreign Assistance Act of 1961 is amended--
(1) in section 116 (22 U.S.C. 2151n), by adding at the end
the following new subsection:
``(g) The report required by subsection (d) shall include for each
country in which child marriage is prevalent at rates at or above 40
percent in at least one sub-national region, a description of the
status of the practice of child marriage in such country. In this
subsection, the term `child marriage' means the marriage of a girl or
boy, not yet the minimum age for marriage stipulated in law in the
country in which such girl or boy is a resident.''; and
(2) in section 502B (22 U.S.C. 2304), by adding at the end
the following new subsection:
``(i) The report required by subsection (b) shall include for each
country in which child marriage is prevalent at rates at or above 40
percent in at least one sub-national region, a description of the
status of the practice of child marriage in such country. In this
subsection, the term `child marriage' means the marriage of a girl or
boy, not yet the minimum age for marriage stipulated in law in the
country in which such girl or boy is a resident.''.
SEC. 8. DEFINITION.
In this Act, the term ``child marriage'' means the marriage of a
girl or boy, not yet the minimum age for marriage stipulated in law in
the country in which the girl or boy is a resident.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act and the amendments made by this Act, there
are authorized to be appropriated as such sums as necessary for fiscal
years 2010 through 2014. | International Protecting Girls by Preventing Child Marriage Act of 2009 - Authorizes the President to provide assistance, including through multilateral, nongovernmental, and faith-based organizations, to prevent child marriage in developing countries and to promote the educational, health, economic, social, and legal empowerment of girls and women. Sets forth priority assistance criteria.
Directs the President, through the Secretary of State, to establish a multi-year strategy to prevent child marriage in developing countries and to promote the empowerment of girls at risk of child marriage. Sets forth strategy elements.
Amends the Foreign Assistance Act of 1961 to require that Department of State country reports on human rights practices include a description of the status of child marriage for countries with specified rates of child marriage.
Defines "child marriage" as the marriage of a girl or boy not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident. | {"src": "billsum_train", "title": "To protect girls in developing countries through the prevention of child marriage, and for other purposes."} | 2,837 | 199 | 0.461645 | 1.436264 | 0.587787 | 5.41989 | 15.348066 | 0.922652 |
SECTION 1. FINDINGS.
Congress finds that--
(1) the Constitution requires that the number of persons in
the Nation be enumerated every 10 years in order to permit the
apportionment of Representatives in Congress among the several
States;
(2) information collected through a decennial census is
also used to determine--
(A) the boundaries of congressional districts
within the States;
(B) the boundaries of the districts for the
legislature of each State and the boundaries of other
political subdivisions within the States; and
(C) the allocation of billions of dollars of
Federal and State funds;
(3) the 1990 decennial census missed over 8,000,000
Americans, and was the first one in history to be less accurate
than the previous decennial census;
(4) the 1990 decennial census missed 4.4 percent of all
African-Americans, 5 percent of all Hispanics, 2.3 percent of
all Asian-Pacific Americans, and 4.5 percent of all American-
Indians, thereby denying these communities adequate political
representation and their fair share of Federal funding;
(5) in the 1990 decennial census, only 2 out of every 3
households returned their census forms;
(6) in order to obtain an accurate census, the Bureau of
the Census sends enumerators to visit every household that does
not return a census form, which is an extremely costly and
time-consuming process;
(7) the mailback response rate has been declining over the
past several decennial censuses, and is expected to decline yet
again in the 2000 census;
(8) the Bureau of the Census has estimated that the
mailback response rate for the 2000 decennial census will be
approximately 61 percent;
(9) a recent report by the General Accounting Office found
that if the mailback response rate for the 2000 decennial
census is less than 61 percent, or if the Bureau of the Census
is unable to hire enough enumerators at its proposed wage
scale, the Bureau would have to adopt a contingency plan to
guarantee an accurate count; such a plan would require the
Bureau to spend more money than is currently budgeted for the
2000 decennial census;
(10) the Bureau of the Census estimates that it will need
to recruit nearly 3,500,000 applicants to fill about 860,000
positions for the 2000 decennial census, a staffing goal that
will be difficult to achieve because the labor market has
become increasingly tight;
(11) in 1993, the Bureau concluded that legislation
providing that pay for temporary census enumerators in the 2000
decennial census which did not reduce benefits under Federal
assistance programs would make it easier for the Bureau to hire
neighborhood people as temporary census enumerators in low-
income neighborhoods;
(12) Congress must act before the start of the decennial
census to guarantee that additional funding will be available
in the event that the Bureau of the Census is forced to devote
additional resources to obtain an accurate count; and
(13) if Congress fails to so act, the result may be a less
accurate decennial census that disproportionately harms our
Nation's minorities, children, and urban and rural poor.
SEC. 2. ADDITIONAL FUNDS.
(a) In General.--For necessary expenses to conduct the 2000
decennial census, there is appropriated, out of any money in the
Treasury not otherwise appropriated, an additional $100,000,000 for
fiscal year 2000, to remain available until expended.
(b) Condition.--The amount appropriated under this Act shall be
available for obligation or expenditure only if, and to the extent
that, the Secretary of Commerce first submits to Congress a written
determination (supported by specific findings) that--
(1) those funds are necessary to obtain an accurate and
timely 2000 decennial census; and
(2) sufficient funds are not otherwise available for the
purposes involved.
SEC. 3. PROVISIONS TO PROMOTE THE RECRUITMENT OF TEMPORARY CENSUS
EMPLOYEES.
(a) Definitions.--For purposes of this section--
(1) the term ``2000 census position'' means a temporary
position in the Bureau of the Census established for purposes
relating to the 2000 decennial census;
(2) the term ``temporary'' is used in the same way as
described in section 24(b) of title 13, United States Code;
(3) the term ``census'' means a census of population within
the meaning of section 141(g) of title 13, United States Code;
(4) the terms ``uniformed services'' and ``Secretary
concerned'' have the meanings given those terms by section 101
of title 37, United States Code; and
(5) the term ``voluntary separation incentive payment''
includes such a payment, whether offered on a Governmentwide
basis or otherwise.
(b) Authorization for Members of Uniformed Services To Hold
Temporary Census Employment.--A member of the uniformed services, with
the approval of the Secretary concerned, may be appointed to and
compensated for service in a 2000 census position without regard to the
member's duty status, including status on active duty. Such an
appointment, if accepted, shall not affect the member's status in the
member's uniformed service or the member's pay and allowances as such a
member.
(c) Temporary Census Employment Not To Affect Right To Retain a
Voluntary Separation Incentive Payment.--The acceptance of an
appointment to a 2000 census position shall not be taken into account
for purposes of applying section 3(d) of Public Law 103-226 or any
similar provision of law, rule, or regulation requiring the repayment
of a voluntary separation incentive payment by reason of an
individual's accepting reemployment with the Government.
(d) Compensation for Service as a Temporary Census Employee Not To
Cause Ineligibility for or any Reduction in Certain Benefits.--
(1) In general.--Notwithstanding any other provision of
law, the earning or receipt by an individual of compensation
for service performed by such individual in a 2000 census
position shall not have the effect of causing--
(A) such individual or any other individual to
become ineligible for any benefits described in
paragraph (2); or
(B) a reduction in the amount of any benefits
described in paragraph (2) for which such individual or
any other individual would otherwise be eligible.
(2) Benefits described.--This subsection shall apply with
respect to benefits provided under any Federal program or under
any State or local program financed in whole or in part with
Federal funds.
(3) Rule of construction.--Nothing in this subsection shall
be considered to apply with respect to the Internal Revenue
Code of 1986.
(e) Applicability.--Subsections (b) and (c) shall apply with
respect to an appointment to a 2000 census position accepted after the
date of enactment of this Act and before January 1, 2001. Subsection
(d) shall apply with respect to compensation for service performed in a
2000 census position after the date of enactment of this Act and before
January 1, 2001. | Permits a member of the uniformed services to be appointed to and compensated for service in a 2000 census position without regard to the member's duty status, including status on active duty. Provides that such an appointment shall not affect the member's uniformed service status or pay and allowances.
Prohibits taking into account the acceptance of an appointment to a 2000 census position for purposes of applying requirements pertaining to the repayment of a voluntary separation incentive payment by reason of an individual's accepting subsequent reemployment with the Government or any other similar provision of law, rule, or regulation.
Prohibits the earning or receipt of compensation for service performed by an individual in a 2000 census position from causing: (1) any individual to become ineligible for any benefits provided under any Federal program or any State, or local program financed with Federal funds; or (2) a reduction in the amount of any such benefits. Declares that nothing in such provision shall be considered to apply with respect to the Internal Revenue Code of 1986. | {"src": "billsum_train", "title": "To make additional funds available to the Secretary of Commerce for purposes of the 2000 decennial census, and for other purposes."} | 1,537 | 223 | 0.340871 | 1.037226 | 0.602812 | 5.06701 | 7.231959 | 0.93299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enforce Existing Gun Laws Act''.
SEC. 2. REPEAL OF CERTAIN APPROPRIATIONS RIDERS THAT LIMIT THE ABILITY
OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES TO ADMINISTER THE FEDERAL FIREARMS LAWS.
(a) Prohibition on Consolidation or Centralization in the
Department of Justice of Firearms Acquisition and Disposition Records
Maintained by Federal Firearms Licensees.--The matter under the heading
``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of division B of the Consolidated and Further
Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law
112-55; 125 Stat. 609-610) is amended by striking the 1st proviso.
(b) Prohibition on Imposition of Requirement That Firearms Dealers
Conduct Physical Check of Firearms Inventory.--The matter under the
heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries
and Expenses'' in title II of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6) is
amended by striking the 5th proviso.
(c) Requirement That Instant Check Records Be Destroyed Within 24
Hours.--Section 511 of the Consolidated and Further Continuing
Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125
Stat. 632) is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
(d) Limitations Relating to Firearms Trace Data.--
(1) Tiahrt amendments.--
(A) The matter under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of division B of the Consolidated
and Further Continuing Appropriations Act, 2012 (18
U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610)
is amended by striking the 6th proviso.
(B) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the
Consolidated Appropriations Act, 2010 (18 U.S.C. 923
note; Public Law 111-117; 123 Stat. 3128-3129) is
amended by striking ``beginning in fiscal year 2010 and
thereafter'' and inserting ``in fiscal year 2010''.
(C) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the Omnibus
Appropriations Act, 2009 (18 U.S.C. 923 note; Public
Law 111-8; 123 Stat. 574-576) is amended by striking
``beginning in fiscal year 2009 and thereafter'' and
inserting ``in fiscal year 2009''.
(D) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title II of division B of the
Consolidated Appropriations Act, 2008 (18 U.S.C. 923
note; Public Law 110-161; 121 Stat. 1903-1904) is
amended by striking ``beginning in fiscal year 2008 and
thereafter'' and inserting ``in fiscal year 2008''.
(E) The 6th proviso under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and
Expenses'' in title I of the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006
(18 U.S.C. 923 note; Public Law 109-108; 119 Stat.
2295-2296) is amended by striking ``with respect to any
fiscal year''.
(F) The 6th proviso under the heading in title I of
division B of the Consolidated Appropriations Act, 2005
(18 U.S.C. 923 note; Public Law 108-447; 118 Stat.
2859-2860) is amended by striking ``with respect to any
fiscal year''.
(2) Prohibition on processing of freedom of information act
requests about arson or explosives incidents or firearm
traces.--Section 644 of division J of the Consolidated
Appropriations Resolution, 2003 (5 U.S.C. 552 note; 117 Stat.
473-474) is repealed.
(e) Prohibition on Use of Firearms Trace Data To Draw Broad
Conclusions About Firearms-Related Crime.--
(1) Section 514 of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6)
is repealed.
(2) Section 516 of the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 633) is
repealed.
(f) Prohibitions Relating to ``Curios or Relics'' and Importation
of Surplus Military Firearms.--
(1) The matter under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2013 (Public Law 113-6) is
amended by striking the 1st proviso.
(2) Section 519 of division B of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6)
is repealed.
(g) Prohibition on Denial of Federal Firearms License Due to Lack
of Business Activity.--The matter under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated and Further Continuing
Appropriations Act, 2013 (Public Law 113-6) is amended by striking the
6th proviso. | Enforce Existing Gun Laws Act This bill amends several appropriations laws to remove limitations on the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to conduct activities related to the administration of federal firearms laws. The amended appropriations laws include: the Consolidated and Further Continuing Appropriations Act, 2012; the Consolidated and Further Continuing Appropriations Act, 2013; the Consolidated Appropriations Act, 2010; the Omnibus Appropriations Act, 2009; the Consolidated Appropriations Act, 2008; the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006; the Consolidated Appropriations Act, 2005; and the Consolidated Appropriations Resolution, 2003. The bill removes provisions from these laws that: prohibit the consolidation or centralization within the Department of Justice of firearms acquisition and disposition records maintained by federal firearms licensees; prohibit the imposition of a requirement that firearms dealers conduct a physical inventory; require instant background check records to be destroyed within 24 hours; limit the use of firearms tracing data; limit the processing of Freedom of Information Act requests in connection with arson or explosive incidents or firearm traces; limit denials of applications to import "curios or relics" firearms, parts, or ammunition; and prohibit denials of federal firearms licenses due to lack of business activity. | {"src": "billsum_train", "title": "Enforce Existing Gun Laws Act"} | 1,527 | 324 | 0.537783 | 1.570619 | 0.683059 | 3.133333 | 4.447059 | 0.780392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber Crime Protection Security
Act''.
SEC. 2. ORGANIZED CRIMINAL ACTIVITY IN CONNECTION WITH UNAUTHORIZED
ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION.
Section 1961(1) of title 18, United States Code, is amended by
inserting ``section 1030 (relating to fraud and related activity in
connection with computers) if the act is a felony,'' before ``section
1084''.
SEC. 3. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN CONNECTION WITH
COMPUTERS.
Section 1030(c) of title 18, United States Code, is amended to read
as follows:
``(c) The punishment for an offense under subsection (a) or (b) of
this section is--
``(1) a fine under this title or imprisonment for not more
than 20 years, or both, in the case of an offense under
subsection (a)(1) of this section;
``(2)(A) except as provided in subparagraph (B), a fine
under this title or imprisonment for not more than 3 years, or
both, in the case of an offense under subsection (a)(2); or
``(B) a fine under this title or imprisonment for not more
than ten years, or both, in the case of an offense under
paragraph (a)(2) of this section, if--
``(i) the offense was committed for purposes of
commercial advantage or private financial gain;
``(ii) the offense was committed in the furtherance
of any criminal or tortious act in violation of the
Constitution or laws of the United States, or of any
State; or
``(iii) the value of the information obtained, or
that would have been obtained if the offense was
completed, exceeds $5,000;
``(3) a fine under this title or imprisonment for not more
than 1 year, or both, in the case of an offense under
subsection (a)(3) of this section;
``(4) a fine under this title or imprisonment of not more
than 20 years, or both, in the case of an offense under
subsection (a)(4) of this section;
``(5)(A) except as provided in subparagraph (D), a fine
under this title, imprisonment for not more than 20 years, or
both, in the case of an offense under subsection (a)(5)(A) of
this section, if the offense caused--
``(i) loss to 1 or more persons during any 1-year
period (and, for purposes of an investigation,
prosecution, or other proceeding brought by the United
States only, loss resulting from a related course of
conduct affecting 1 or more other protected computers)
aggregating at least $5,000 in value;
``(ii) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of 1 or more individuals;
``(iii) physical injury to any person;
``(iv) a threat to public health or safety;
``(v) damage affecting a computer used by, or on
behalf of, an entity of the United States Government in
furtherance of the administration of justice, national
defense, or national security; or
``(vi) damage affecting 10 or more protected
computers during any 1-year period;
``(B) a fine under this title, imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(5)(B), if the offense caused a harm provided in
clause (i) through (vi) of subparagraph (A) of this subsection;
``(C) if the offender attempts to cause or knowingly or
recklessly causes death from conduct in violation of subsection
(a)(5)(A), a fine under this title, imprisonment for any term
of years or for life, or both; or
``(D) a fine under this title, imprisonment for not more
than 1 year, or both, for any other offense under subsection
(a)(5);
``(6) a fine under this title or imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(6) of this section; or
``(7) a fine under this title or imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(7) of this section..''.
SEC. 4. TRAFFICKING IN PASSWORDS.
Section 1030(a) of title 18, United States Code, is amended by
striking paragraph (6) and inserting the following:
``(6) knowingly and with intent to defraud traffics (as
defined in section 1029) in--
``(A) any password or similar information or means
of access through which a protected computer as defined
in subparagraphs (A) and (B) of subsection (e)(2) may
be accessed without authorization; or
``(B) any means of access through which a protected
computer as defined in subsection (e)(2)(A) may be
accessed without authorization.''.
SEC. 5. CONSPIRACY AND ATTEMPTED COMPUTER FRAUD OFFENSES.
Section 1030(b) of title 18, United States Code, is amended by
inserting ``for the completed offense'' after ``punished as provided''.
SEC. 6. CRIMINAL AND CIVIL FORFEITURE FOR FRAUD AND RELATED ACTIVITY IN
CONNECTION WITH COMPUTERS.
Section 1030 of title 18, United States Code, is amended by
striking subsections (i) and (j) and inserting the following:
``(i) Criminal Forfeiture.--
``(1) The court, in imposing sentence on any person
convicted of a violation of this section, or convicted of
conspiracy to violate this section, shall order, in addition to
any other sentence imposed and irrespective of any provision of
State law, that such person forfeit to the United States--
``(A) such person's interest in any property, real
or personal, that was used, or intended to be used, to
commit or facilitate the commission of such violation;
and
``(B) any property, real or personal, constituting
or derived from any gross proceeds, or any property
traceable to such property, that such person obtained,
directly or indirectly, as a result of such violation.
``(2) The criminal forfeiture of property under this
subsection, including any seizure and disposition of the
property, and any related judicial or administrative
proceeding, shall be governed by the provisions of section 413
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853), except subsection (d) of that section.
``(j) Civil Forfeiture.--
``(1) The following shall be subject to forfeiture to the
United States and no property right, real or personal, shall
exist in them:
``(A) Any property, real or personal, that was
used, or intended to be used, to commit or facilitate
the commission of any violation of this section, or a
conspiracy to violate this section.
``(B) Any property, real or personal, constituting
or derived from any gross proceeds obtained directly or
indirectly, or any property traceable to such property,
as a result of the commission of any violation of this
section, or a conspiracy to violate this section.
``(2) Seizures and forfeitures under this subsection shall
be governed by the provisions in chapter 46 of title 18, United
States Code, relating to civil forfeitures, except that such
duties as are imposed on the Secretary of the Treasury under
the customs laws described in section 981(d) of title 18,
United States Code, shall be performed by such officers, agents
and other persons as may be designated for that purpose by the
Secretary of Homeland Security or the Attorney General.''.
SEC. 7. DAMAGE TO CRITICAL INFRASTRUCTURE COMPUTERS.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by inserting after section 1030 the following:
``SEC. 1030A. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE COMPUTER.
``(a) Definitions.--In this section--
``(1) the terms `computer' and `damage' have the meanings
given such terms in section 1030; and
``(2) the term `critical infrastructure computer' means a
computer that manages or controls systems or assets vital to
national defense, national security, national economic
security, public health or safety, or any combination of those
matters, whether publicly or privately owned or operated,
including--
``(A) gas and oil production, storage, and delivery
systems;
``(B) water supply systems;
``(C) telecommunication networks;
``(D) electrical power delivery systems;
``(E) finance and banking systems;
``(F) emergency services;
``(G) transportation systems and services; and
``(H) government operations that provide essential
services to the public.
``(b) Offense.--It shall be unlawful to, during and in relation to
a felony violation of section 1030, intentionally cause or attempt to
cause damage to a critical infrastructure computer, and such damage
results in (or, in the case of an attempt, would, if completed have
resulted in) the substantial impairment--
``(1) of the operation of the critical infrastructure
computer; or
``(2) of the critical infrastructure associated with the
computer.
``(c) Penalty.--Any person who violates subsection (b) shall be
fined under this title, imprisoned for not less than 3 years nor more
than 20 years, or both.
``(d) Consecutive Sentence.--Notwithstanding any other provision of
law--
``(1) a court shall not place on probation any person
convicted of a violation of this section;
``(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any other term of imprisonment, including any
term of imprisonment imposed on the person under any other
provision of law, including any term of imprisonment imposed
for the felony violation section 1030;
``(3) in determining any term of imprisonment to be imposed
for a felony violation of section 1030, a court shall not in
any way reduce the term to be imposed for such crime so as to
compensate for, or otherwise take into account, any separate
term of imprisonment imposed or to be imposed for a violation
of this section; and
``(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the court,
run concurrently, in whole or in part, only with another term
of imprisonment that is imposed by the court at the same time
on that person for an additional violation of this section,
provided that such discretion shall be exercised in accordance
with any applicable guidelines and policy statements issued by
the United States Sentencing Commission pursuant to section 994
of title 28.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 47 of title 18, United States Code, is amended by inserting
after the item relating to section 1030 the following:
``Sec. 1030A. Aggravated damage to a critical infrastructure
computer.''.
SEC. 8. LIMITATION ON ACTIONS INVOLVING UNAUTHORIZED USE.
Section 1030(e)(6) of title 18, United States Code, is amended by
striking ``alter;'' and inserting ``alter, but does not include access
in violation of a contractual obligation or agreement, such as an
acceptable use policy or terms of service agreement, with an Internet
service provider, Internet website, or non-government employer, if such
violation constitutes the sole basis for determining that access to a
protected computer is unauthorized;''. | Cyber Crime Protection Security Act - Amends the federal criminal code to make fraud in connection with the unauthorized access of personally identifiable information (in electronic or digital form) a predicate for instituting a prosecution for racketeering.
Increases penalties for fraud and related activity in connection with computers.
Expands the prohibition against trafficking in passwords to include trafficking through any means by which a protected computer may be accessed without authorization.
Imposes criminal penalties for attempts and conspiracies to commit fraud and related activity in connection with computers.
Modifies criminal and civil forfeiture provisions, including requiring certain civil forfeiture seizures and forfeitures to be performed by persons designated for that purpose by the Secretary of Homeland Security (DHS) or the Attorney General (DOJ).
Prohibits, during and in relation to a felony violation of provisions regarding fraud and related activity in connection with computers, intentionally causing or attempting to cause damage to a critical infrastructure computer if such damage results in (or, in the case of an attempt, would, if completed have resulted in) the substantial impairment of the operation of that computer or of the critical infrastructure associated with the computer. Imposes a prison term of between 3 and 20 years, a fine, or both. Prohibits probation for any person convicted of such a violation. Provides for concurrent sentences under specified circumstances.
Excludes from the definition of "exceeds authorized access" for purposes of the prohibition against fraudulent use of computers, access in violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, with an Internet service provider, Internet website, or nongovernment employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized. | {"src": "billsum_train", "title": "A bill to enhance punishment for identity theft and other violations of data privacy and security."} | 2,656 | 389 | 0.523006 | 1.574862 | 0.728054 | 4.519878 | 7.577982 | 0.868502 |
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