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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chemical Facilities Security Act of
2008''.
SEC. 2. MODIFICATION AND TRANSFER OF CHEMICAL-FACILITIES SECURITY
PROGRAM.
(a) Striking of Sunset Provision.--Section 550 of Public Law 109-
295 is amended by striking subsection (b).
(b) Preemption.--Section 550 of Public Law 109-295, as amended by
section 534 of division E of Public Law 110-161, is amended by striking
subsection (h).
(c) Transfer.--Section 550 of Public Law 109-295, as amended by
subsections (a) and (b), is--
(1) transferred from Public Law 109-295;
(2) redesignated as section 2101;
(3) transferred to the Homeland Security Act of 2002; and
(4) added at the end of such Act.
(d) Stylistic Modifications; Revisions Regarding Preemption.--The
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), as amended by
subsection (c), is amended by striking section 2101 and inserting the
following:
``TITLE XXI--REGULATION OF SECURITY PRACTICES AT CHEMICAL FACILITIES
``SEC. 2101. RISK-BASED PERFORMANCE STANDARDS; VULNERABILITY
ASSESSMENTS; SITE SECURITY PLANS.
``(a) In General.--
``(1) Regulations.--The Secretary shall by regulation
establish risk-based performance standards for security of
chemical facilities and require vulnerability assessments and
the development and implementation of site security plans for
such facilities, subject to paragraph (2).
``(2) Covered facilities.--This title applies to chemical
facilities that, in the discretion of the Secretary, present
high levels of security risk.
``(b) Layered Security Measures.--Regulations under subsection (a)
shall permit each chemical facility, in developing and implementing
site security plans, to select layered security measures that, in
combination, appropriately address the vulnerability assessment and the
risk-based performance standards for security for the facility.
``(c) Authority of Secretary Regarding Site Security Plans.--The
Secretary may not disapprove a site security plan submitted under this
section based on the presence or absence of a particular security
measure, but the Secretary may disapprove a site security plan if the
plan fails to satisfy the risk-based performance standards established
by this section.
``(d) Alternative Security Programs.--The Secretary may approve
alternative security programs established by private sector entities,
Federal, State, or local authorities, or other applicable laws if the
Secretary determines that the requirements of such programs meet the
requirements of this section and the interim regulations.
``(e) Review of Vulnerability Assessments and Site Security
Plans.--The Secretary shall review and approve each vulnerability
assessment and site security plan required under this section.
``(f) Exempted Facilities.--The Secretary shall not apply
regulations issued pursuant to this title to any of the following:
``(1) Facilities regulated pursuant to the Maritime
Transportation Security Act of 2002.
``(2) Public water systems, as defined by section 1401 of
the Safe Drinking Water Act.
``(3) Treatment works, as defined in section 212 of the
Federal Water Pollution Control Act.
``(4) Any facility owned or operated by the Department of
Defense or the Department of Energy.
``(5) Any facility subject to regulation by the Nuclear
Regulatory Commission.
``SEC. 2102. PROTECTIONS FROM PUBLIC DISCLOSURE.
``(a) In General.--Notwithstanding any other provision of law,
information developed under this title, including vulnerability
assessments, site security plans, and other security-related
information, records, and documents, shall be given protections from
public disclosure consistent with similar information developed by
chemical facilities subject to regulation under section 70103 of title
46, United States Code, subject to subsection (b).
``(b) Limitation.--Subsection (a) does not prohibit the sharing of
information, as the Secretary deems appropriate, with State and local
government officials possessing the necessary security clearances,
including law enforcement officials and first responders, for the
purpose of carrying out this title, except that such information may
not be disclosed pursuant to any State or local law.
``(c) Treatment as Sensitive Security Information.--In any
proceeding to enforce this title, vulnerability assessments, site
security plans, and other information submitted to or obtained by the
Secretary under this title, and related vulnerability or security
information, shall be treated as if the information were classified
material.
``SEC. 2103. ENFORCEMENT.
``(a) Civil Penalty.--Any person who violates an order issued under
this title shall be liable for a civil penalty under section 70119(a)
of title 46, United States Code.
``(b) Audits and Inspections.--The Secretary shall audit and
inspect chemical facilities for the purposes of determining compliance
with the regulations issued pursuant to this title.
``(c) Notice of Noncompliance.--
``(1) In general.--If the Secretary determines that a
chemical facility is not in compliance with this section, the
Secretary shall provide the owner or operator with written
notification (including a clear explanation of deficiencies in
the vulnerability assessment and site security plan) and
opportunity for consultation, and issue an order to comply by
such date as the Secretary determines to be appropriate under
the circumstances, subject to paragraph (2).
``(2) Order to cease operation.--If the owner or operator
continues to be in noncompliance, the Secretary may issue an
order for the facility to cease operation, until the owner or
operator complies with the order.
``(d) Exclusive Authority of Secretary.--Nothing in this title
confers upon any person except the Secretary a right of action against
an owner or operator of a chemical facility to enforce any provision of
this title.
``(e) Effect on Other Federal Laws.--Nothing in this section shall
be construed to supersede, amend, alter, or affect any Federal law that
regulates the manufacture, distribution in commerce, use, sale, other
treatment, or disposal of chemical substances or mixtures.
``SEC. 2104. AUTHORITY OF STATES.
``This title does not preclude or deny any right of any State or
political subdivision thereof to adopt or enforce any regulation,
requirement, or standard of performance with respect to chemical
facility security that is more stringent than a regulation,
requirement, or standard of performance issued under this title, or
otherwise impair any right or jurisdiction of any State with respect to
chemical facilities within that State.''. | Chemical Facilities Security Act of 2008 - Extends and transfers provisions requiring the Secretary of Homeland Security to establish risk-based performance standards, require vulnerability assessments, and implement site plans for the security of chemical facilities from the Department of Homeland Security Appropriations Act, 2007 to the Homeland Security Act of 2002.
Eliminates the condition that an actual conflict with such provisions would preempt related state or local regulatory authority. | {"src": "billsum_train", "title": "To revise and extend the chemical-facility security program under Public Law 109-295, and for other purposes."} | 1,508 | 88 | 0.588528 | 1.483422 | 1.017251 | 2.454545 | 17.480519 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Prescription Drug Savings
and Choice Act of 2005''.
SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN
OPTION.
(a) In General.--Subpart 2 of part D of the Social Security Act is
amended by inserting after section 1860D-11 the following new section:
``medicare operated prescription drug plan option
``Sec. 1860D-11A. (a) In General.--Notwithstanding any other
provision of this part, for each year (beginning with 2006), in
addition to any plans offered under section 1860D-11, the Secretary
shall offer one or more medicare operated prescription drug plans (as
defined in subsection (c)) with a service area that consists of the
entire United States and shall enter into negotiations with
pharmaceutical manufacturers to reduce the purchase cost of covered
part D drugs for eligible part D individuals in accordance with
subsection (b).
``(b) Negotiations.--Notwithstanding section 1860D-11(i), for
purposes of offering a medicare operated prescription drug plan under
this section, the Secretary shall negotiate with pharmaceutical
manufacturers with respect to the purchase price of covered part D
drugs and shall encourage the use of more affordable therapeutic
equivalents to the extent such practices do not override medical
necessity as determined by the prescribing physician. To the extent
practicable and consistent with the previous sentence, the Secretary
shall implement strategies similar to those used by other Federal
purchasers of prescription drugs, and other strategies, to reduce the
purchase cost of covered part D drugs.
``(c) Medicare Operated Prescription Drug Plan Defined.--For
purposes of this part, the term `medicare operated prescription drug
plan' means a prescription drug plan that offers qualified prescription
drug coverage and access to negotiated prices described in section
1860D-2(a)(1)(A). Such a plan may offer supplemental prescription drug
coverage in the same manner as other qualified prescription drug
coverage offered by other prescription drug plans.
``(d) Monthly Beneficiary Premium.--
``(1) Qualified prescription drug coverage.--The monthly
beneficiary premium for qualified prescription drug coverage
and access to negotiated prices described in section 1860D-
2(a)(1)(A) to be charged under a medicare operated prescription
drug plan shall be uniform nationally. Such premium for months
in 2006 shall be $35 and for months in succeeding years shall
be based on the average monthly per capita actuarial cost of
offering the medicare operated prescription drug plan for the
year involved, including administrative expenses.
``(2) Supplemental prescription drug coverage.--Insofar as
a medicare operated prescription drug plan offers supplemental
prescription drug coverage, the Secretary may adjust the amount
of the premium charged under paragraph (1).
``(3) Requirement for at least one plan with a $35 premium
in 2006.--The Secretary shall ensure that at least one medicare
operated prescription drug plan offered in 2006 has a monthly
premium of $35.''.
(b) Conforming Amendments.--
(1) Section 1860D-3(a) of the Social Security Act (42
U.S.C. 1395w-103(a)) is amended by adding at the end the
following new paragraph:
``(4) Availability of the medicare operated prescription
drug plan.--
``(A) In general.--A medicare operated prescription
drug plan (as defined in section 1860D-11A(c)) shall be
offered nationally in accordance with section 1860D-
11A.
``(B) Relationship to other plans.--
``(i) In general.--Subject to clause (ii),
a medicare operated prescription drug plan
shall be offered in addition to any qualifying
plan or fallback prescription drug plan offered
in a PDP region and shall not be considered to
be such a plan for purposes of meeting the
requirements of this subsection.
``(ii) Designation as a fallback plan.--
Notwithstanding any other provision of this
part, the Secretary may designate the medicare
operated prescription drug plan as the fallback
prescription drug plan for any fallback service
area (as defined in section 1860D-11(g)(3))
determined to be appropriate by the
Secretary.''.
(2) Section 1860D-13(c)(3) of such Act (42 U.S.C. 1395w-
113(c)(3)) is amended--
(A) in the heading, by inserting ``and medicare
operated prescription drug plans'' after ``Fallback
plans''; and
(B) by inserting ``or a medicare operated
prescription drug plan'' after ``a fallback
prescription drug plan''.
(3) Section 1860D-16(b)(1) of such Act (42 U.S.C. 1395w-
116(b)(1)) is amended--
(A) in subparagraph (C), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) payments for expenses incurred with respect
to the operation of medicare operated prescription drug
plans under section 1860D-11A.''.
(4) Section 1860D-41(a) of such Act (42 U.S.C. 141(a)) is
amended by adding at the end the following new paragraph:
``(19) Medicare operated prescription drug plan.--The term
`medicare operated prescription drug plan' has the meaning
given such term in section 1860D-11A(c).''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173; 117 Stat. 2071). | Medicare Prescription Drug Savings and Choice Act of 2005 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to offer one or more Medicare operated prescription drug plans nationally that provide qualified prescription drug coverage and access to negotiated prices. Allows the plan to offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage by other prescription drug plans.
Requires the Secretary to negotiate with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs for eligible part D individuals, and encourage the use of more affordable therapeutic equivalents.
Requires the monthly beneficiary premium charged under such a plan to be uniform nationally. Makes the premium for months in 2006 $35, with a formula for determining premium adjustments in subsequent years. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the medicare program."} | 1,329 | 185 | 0.659883 | 1.695614 | 0.754683 | 4.031056 | 6.944099 | 0.888199 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Bond Market Support Act of
2009''.
SEC. 2. MODIFICATION OF SMALL ISSUER EXCEPTION TO TAX-EXEMPT INTEREST
EXPENSE ALLOCATION RULES FOR FINANCIAL INSTITUTIONS.
(a) Increase in Limitation.--Subparagraphs (C)(i), (D)(i), and
(D)(iii)(II) of section 265(b)(3) of the Internal Revenue Code of 1986
are each amended by striking ``$10,000,000'' and inserting
``$30,000,000''.
(b) Repeal of Aggregation Rules Applicable to Small Issuer
Determination.--Paragraph (3) of section 265(b) of such Code is amended
by striking subparagraphs (E) and (F).
(c) Election To Apply Limitation at Borrower Level.--Paragraph (3)
of section 265(b) of such Code, as amended by subsection (b), is
amended by adding at the end the following new subparagraph:
``(E) Election to apply limitation on amount of
obligations at borrower level.--
``(i) In general.--An issuer, the proceeds
of the obligations of which are to be used to
make or finance eligible loans, may elect to
apply subparagraphs (C) and (D) by treating
each borrower as the issuer of a separate
issue.
``(ii) Eligible loan.--For purposes of this
subparagraph--
``(I) In general.--The term
`eligible loan' means one or more loans
to a qualified borrower the proceeds of
which are used by the borrower and the
outstanding balance of which in the
aggregate does not exceed $30,000,000.
``(II) Qualified borrower.--The
term `qualified borrower' means a
borrower which is an organization
described in section 501(c)(3) and
exempt from taxation under section
501(a) or a State or political
subdivision thereof.
``(iii) Manner of election.--The election
described in clause (i) may be made by an
issuer for any calendar year at any time prior
to its first issuance during such year of
obligations the proceeds of which will be used
to make or finance one or more eligible
loans.''.
(d) Inflation Adjustment.--Paragraph (3) of section 265(b) of such
Code, as amended by subsections (b) and (c), is amended by adding at
the end the following new subparagraph:
``(F) Inflation adjustment.--In the case of any
calendar year after 2009, the $30,000,000 amounts
contained in subparagraphs (C)(i), (D)(i),
(D)(iii)(II), and (E)(ii)(I) shall each be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for such
calendar year, determined by substituting
`calendar year 2008' for `calendar year 1992'
in subparagraph (B) thereof.
Any increase determined under the preceding sentence
shall be rounded to the nearest multiple of
$100,000.''.
(e) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2008.
SEC. 3. DE MINIMIS SAFE HARBOR EXCEPTION FOR TAX-EXEMPT INTEREST
EXPENSE OF FINANCIAL INSTITUTIONS AND BROKERS.
(a) Financial Institutions.--Subsection (b) of section 265 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(7) De minimis exception for bonds issued during 2009 or
2010.--
``(A) In general.--In applying paragraph (2)(A)
there shall not be taken into account tax-exempt
obligations issued during 2009 or 2010 (and paragraph
(3)(A) shall be applied without regard to section
291(e)(1)(b) with respect to such obligations).
``(B) Limitation.--The amount of tax-exempt
obligations not taken into account by reason of
subparagraph (A) shall not exceed 2 percent of the
amount determined under paragraph (2)(B).''.
(b) Brokers.--Subsection (a) of section 265 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(7) De minimis exception for bonds issued during 2009 or
2010.--
``(A) In general.--In applying paragraph (2) to any
broker (as defined in section 6045(c)(1)) there shall
not be taken into account tax-exempt obligations issued
during 2009 or 2010 (and paragraph (3)(A) shall be
applied without regard to section 291(e)(1)(b) with
respect to such obligations).
``(B) Limitation.--The amount of tax-exempt
obligations not taken into account by reason of
subparagraph (A) shall not exceed 2 percent of the
taxpayer's assets.''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2008. | Municipal Bond Market Support Act of 2009 - Amends Internal Revenue Code provisions relating to the small issuer exemption from interest expense allocation rules for financial institutions to: (1) increase from $10 to $30 million the annual limit on small issuers of tax-exempt municipal bonds; (2) allow an inflation adjustment to such increased limit amount after 2009; (3) repeal aggregation rules relating to the determination of small issuer eligibility; (4) allow small issuers an election to treat borrowers separately for purposes of issuance limitations; and (5) allow in 2009 or 2010 financial institutions and brokers to hold up to 2% of their assets in tax-exempt securities without affecting their interest expense tax deduction. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify the limitations on the deduction of interest by financial institutions which hold tax-exempt bonds, and for other purposes."} | 1,215 | 146 | 0.530824 | 1.366573 | 0.689483 | 1.764706 | 7.242647 | 0.735294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Growth Incentive Act of
1995''.
TITLE I--REDUCTION IN INDIVIDUAL INCOME TAXES
SEC. 101. 5-PERCENT DECREASE IN INDIVIDUAL INCOME TAXES FOR MOST
TAXPAYERS.
(a) Rate Reductions.--Subsection (f) of section 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(8) Rate reductions.--In prescribing the tables under
paragraph (1) which apply with respect to taxable years
beginning in a calendar year after 1995--
``(A) `14.25%' shall be substituted for `15%',
``(B) `26.6%' shall be substituted for `28%',
``(C) `29.45%' shall be substituted for `31%', and
``(D) `34.2%' shall be substituted for `36%'.''
(b) Technical Amendments.--
(1) Subparagraph (B) of section 1(f)(2) of such Code is
amended by inserting ``except as provided in paragraph (8),''
before ``by not changing''.
(2) Subparagraph (C) of section 1(f)(2) of such Code is
amended by inserting ``and the reductions under paragraph (8)
in the rates of tax'' before the period.
(3) The heading for subsection (f) of section 1 of such
Code is amended by inserting ``Rate Reductions;'' before
``Adjustments''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
TITLE II--INCENTIVE FOR PURCHASE OF AMERICAN-MADE PROPERTY
SEC. 201. DEDUCTION FOR GENERAL SALES TAXES ON AMERICAN-MADE TANGIBLE
PERSONAL PROPERTY.
(a) In General.--Subsection (a) of section 164 of the Internal
Revenue Code of 1986 (relating to deduction for taxes) is amended by
inserting after paragraph (5) the following new paragraph:
``(6) State and local general sales taxes imposed in
respect of qualified sales at retail of American-made
property.''
(b) Definitions.--Subsection (b) of section 164 of such Code is
amended by adding at the end thereof the following new paragraph:
``(5) Definitions relating to general sales taxes.--For
purposes of subsection (a)(6)--
``(A) Qualified sales.--The term `qualified sale'
means any sale of property if the price (including
taxes and shipping (if any)) paid by the taxpayer for
such property and all other American-made property
purchased with such property in the same transaction
exceeds $500.
``(B) American-made property.--The term `American-
made property' means tangible personal property more
than 50 percent of the cost of which is attributable to
value added in the United States.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
TITLE III--SURFACE TRANSPORTATION PROGRAMS
SEC. 301. OBLIGATION CEILING.
Section 1002 of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1916-1918) is repealed.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS FOR HIGHWAY PROGRAMS.
Section 1003(a) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 1918-1922) is amended--
(1) in paragraph (1)--
(A) by striking ``and''; and
(B) by striking ``fiscal year 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999'';
(2) in paragraph (2)--
(A) by striking ``and''; and
(B) by striking ``fiscal year 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999'';
(3) in paragraph (3)--
(A) by striking ``and''; and
(B) by striking ``fiscal year 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999'';
(4) in paragraph (4)--
(A) by striking ``and'' the second place it
appears; and
(B) by striking ``fiscal year 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999'';
(5) in paragraph (5)--
(A) by striking ``and''; and
(B) by striking ``fiscal year 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999'';
(6) in paragraph (6)(A) by striking ``and 1997'' and
inserting ``1997, 1998, and 1999'';
(7) in paragraph (6)(B) by striking ``and 1997'' and
inserting ``, 1997, 1998, and 1999'';
(8) in paragraph (6)(C) by striking ``and 1997'' and
inserting ``, 1997, 1998, and 1999'';
(9) in paragraph (7) by striking ``and 1997'' and inserting
``1997, 1998, and 1999''; and
(10) in paragraph (8) by striking ``and 1997'' and
inserting ``1997, 1998, and 1999''.
SEC. 303. DONOR STATE BONUS AMOUNTS.
Section 1013(c)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 157 note; 105 Stat. 1940) is amended
by adding at the end the following new subparagraphs:
``(G) For fiscal year 1998 $514,000,000.
``(H) For fiscal year 1999 $514,000,000.''.
SEC. 304. APPORTIONMENT ADJUSTMENTS.
(a) Hold Harmless.--Section 1015(a)(1) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat.
1943) is amended by striking ``1997'' and inserting ``1999''.
(b) 90-Percent of Payment Adjustments.--Section 1015(b)(1) of such
Act is amended by striking ``1997'' and inserting ``1999''.
(c) Authorization of Appropriations.--Section 1015(e) of such Act
is amended by striking ``1997'' and inserting ``1999''.
SEC. 305. SET-ASIDE FOR 4R PROJECTS.
Section 118(c)(2)(A) of title 23, United States Code, is amended by
striking ``fiscal year 1997'' and inserting ``each of fiscal years
1997, 1998, and 1999''.
SEC. 306. DISCRETIONARY BRIDGE PROGRAM.
Section 144(g)(1) of title 23, United States Code, is amended by
striking ``and 1997'' each place it appears and inserting ``1997, 1998,
and 1999''.
SEC. 307. NATIONAL HIGH-SPEED GROUND TRANSPORTATION PROGRAMS.
Section 1036(d)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1986) is amended--
(1) in subparagraph (A) by striking ``fiscal year 1997''
and inserting ``each of fiscal years 1997, 1998, and 1999'';
and
(2) in subparagraph (B) by striking ``and 1997'' and
inserting ``1997, 1998, and 1999''.
SEC. 308. HIGHWAY TIMBER BRIDGE PROGRAM.
Section 1039(a) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 144 note; 105 Stat. 1991) is amended by striking
``and 1997'' and inserting ``1997, 1998, and 1999''.
SEC. 309. HIGHWAY USE TAX EVASION PROJECTS.
Section 1040(f)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992-1993) is
amended by striking ``and 1997'' and inserting ``1997, 1998, and
1999''.
SEC. 310. SCENIC BYWAYS PROGRAM.
Section 1047(d) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1998) is amended by striking
``and 1997'' and inserting ``1997, 1998, and 1999''.
SEC. 311. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 1064(c) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) is amended by striking
``and 1997'' and inserting ``1997, 1998, and 1999''.
SEC. 312. HIGHWAY SAFETY AUTHORIZATION OF APPROPRIATIONS.
Section 2005 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2079) is amended--
(1) in paragraph (1) by striking ``and 1997'' and inserting
``1997, 1998, and 1999''; and
(2) in paragraph (2) by striking ``1997'' and inserting
``1999''.
SEC. 313. HIGHWAY SAFETY OBLIGATION CEILINGS.
Section 2009 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2080) is amended by striking subsections (a) and
(b) and inserting the following:
``Sums authorized to be appropriated by this title and the
amendments made by this title shall not be subject to any obligation
limitation.''.
SEC. 314. FEDERAL TRANSIT ACT AUTHORIZATIONS.
Section 5338 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(E) by striking ``the fiscal year
ending September 30, 1997'' and inserting ``each of fiscal
years 1997, 1998, and 1999''; and
(2) in subsection (b)(1)(E) by striking ``the fiscal year
ending September 30, 1997'' and inserting ``each of fiscal
years 1997, 1998, and 1999''.
SEC. 315. REDUCTION IN FEDERAL TRANSIT ACT AUTHORIZATIONS FOR BUDGET
COMPLIANCE.
Section 3038 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2138) is repealed.
SEC. 316. MOTOR CARRIER SAFETY GRANT PROGRAM.
Section 31104(a)(5) of title 49, United States Code, is amended by
striking ``the fiscal year ending September 30, 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999''.
SEC. 317. 2-YEAR EXTENSION OF HIGHWAY TRUST FUND EXPENDITURES.
Subsections (c)(1) and (d)(3) of section 9503 of the Internal
Revenue Code of 1986, as amended by this Act, are each amended by
striking ``1997'' and inserting ``1999''.
TITLE IV--RELIEF FROM CREDIT CRUNCH
SEC. 401. LOOSENING OF REQUIREMENTS ON LOAN LOSS RESERVES ENCOURAGED.
(a) Findings.--The Congress hereby finds that--
(1) the economy of the United States has been in a
sustained period of slow growth;
(2) credit for commercial and consumer loans and leases has
become more difficult to obtain over the past three years,
resulting in a ``credit crunch'';
(3) the banking industry has adopted a cautious credit
policy in response to the state of the economy and the problems
experienced by the savings and loan industry;
(4) the Federal Reserve has lowered its reserve
requirements on member banks for both checking and savings
deposits over the past two years in an effort to stimulate the
economy, with only moderate success; and
(5) the loosening of the requirements on loan loss reserves
by State banking authorities and the appropriate Federal
banking agencies, as that term is defined in section 3(q) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), might
help stimulate the economy.
(b) Declaration.--It is the sense of the Congress that--
(1) the current ``credit crunch'' should be eased by making
it easier for businesses and individuals to obtain loans and
leases; and
(2) State banking authorities and the appropriate Federal
banking agencies, as that term is defined in section 3(q) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), should
more sensibly apply the requirements on loan loss reserves so
as not to punish or restrain responsible borrowers.
TITLE V--CAP ON FEDERAL EMPLOYMENT
SEC. 501. CAP ON FEDERAL EMPLOYMENT.
(a) Employment Cap.--Notwithstanding any other provision of law,
the total number of individuals employed by the Federal Government may
not exceed the number of individuals employed by the Federal Government
on the date of the enactment of this Act.
(b) Rescission of Appropriations.--Notwithstanding any other
provision of law, there are hereby rescinded all unobligated amounts
that were appropriated before the date of the enactment of this Act to
pay salary, wages, or benefits for a position in the employment of the
Federal Government that is not filled on that date.
TITLE VI--REDUCTION IN FEDERAL OVERHEAD EXPENSES
SEC. 601. REDUCTION OF AMOUNTS AVAILABLE TO FEDERAL AGENCIES FOR PAYING
OVERHEAD EXPENSES.
(a) Rescission of Appropriations.--Notwithstanding any other
provision of law, there is hereby rescinded an amount equal to 10
percent of all unobligated amounts that were appropriated before the
date of the enactment of this Act to pay overhead expenses of any
Federal agency.
(b) Reduction in Authorizations.--The amount authorized to be
appropriated for any fiscal year to pay overhead expenses of any
Federal agency is hereby reduced by 10 percent.
(c) Overhead Expenses Defined.--For purposes of this section, the
term ``overhead expenses'' means any expense incurred by a Federal
agency, except--
(1) the payment of salaries and wages of employees of the
agency; and
(2) direct spending (as that term is defined in section 250
of the Balanced Budget and Emergency Deficit Control Act of
1985). | TABLE OF CONTENTS:
Title I: Reduction in Individual Income Taxes
Title II: Incentive for Purchase of American-Made Property
Title III: Surface Transportation Programs
Title IV: Relief from Credit Crunch
Title V: Cap on Federal Employment
Title VI: Reduction in Federal Overhead Expenses
Economic Growth Incentive Act of 1995 -
Title I: Reduction in Individual Income Taxes
- Amends the Internal Revenue Code to reduce individual income taxes.
Title II: Incentive for Purchase of American-Made Property
- Allows an itemized deduction for State and local general sales taxes imposed on the retail sale of American-made property.
Title III: Surface Transportation Programs
- Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal the obligation ceiling for Federal-aid highways and highway safety construction programs.
Authorizes appropriations for FY 1998 through 1999 for: (1) highway programs; (2) donor State bonus amounts; (3) apportionment adjustments; (4) set asides for interstate discretionary projects; (5) the discretionary bridge program; (6) national high-speed ground transportation programs; (7) the highway timber bridge program; (8) highway use tax evasion projects; (9) the scenic byways program; (10) construction of ferry boats and ferry terminal facilities; (11) certain highway safety programs; (12) Federal Transit Act authorizations; and (13) the motor carrier safety grant program.
Removes the highway safety obligation ceilings.
Amends the Internal Revenue Code to extend the authority to make expenditures from the Highway Trust Fund until September 30, 1999.
Title IV: Relief from Credit Crunch
- Expresses the sense of the Congress that: (1) the current "credit crunch" should be eased by making it easier for businesses and individuals to obtain loans and leases; and (2) State banking authorities and the appropriate Federal banking agencies should more sensibly apply the requirements on loan loss reserves so as not to punish or restrain responsible borrowers.
Title V: Cap on Federal Employment
- Prohibits the number of Federal employees from exceeding such number on the date of enactment of this Act. Rescinds all unobligated amounts that were appropriated before such date to pay the salary, wages, or benefits for a position not filled on that date.
Title VI: Reduction in Federal Overhead Expenses
- Rescinds ten percent of all unobligated amounts that were appropriated before the date of enactment of this Act to pay overhead expenses of any Federal agency. Reduces authorizations for any fiscal year to pay overhead expenses of any Federal agency by ten percent. | {"src": "billsum_train", "title": "Economic Growth Incentive Act of 1995"} | 3,440 | 563 | 0.457837 | 1.413212 | 0.589475 | 3.92278 | 5.374517 | 0.880309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security KidSave Accounts
Act''.
SEC. 2. SOCIAL SECURITY KIDSAVE ACCOUNTS.
Title II of the Social Security Act (42 U.S.C. 401 et seq.) is
amended--
(1) by inserting before section 201 the following:
``Part A--Insurance Benefits'';
and
(2) by adding at the end the following:
``Part B--KidSave Accounts
``kidsave accounts
``Sec. 251. (a) Establishment.--The Commissioner of Social Security
shall establish in the name of each individual born on or after January
1, 1997, a KidSave Account described in subparagraph (A) of section
252(1), upon the later of--
``(1) the date of enactment of this part, or
``(2) the date of the issuance of a Social Security account
number under section 205(c)(2) to such individual.
The KidSave Account shall be identified to the account holder by means
of the account holder's Social Security account number.
``(b) Contributions.--
``(1) In general.--The Secretary of the Treasury shall
transfer from the Federal Old-Age and Survivors Insurance Trust
Fund for crediting by the Commissioner to each account holder's
KidSave Account under subsection (a), an amount equal to the
sum of--
``(A) in the case of any individual born on or
after January 1, 1999, $1000.00, on the date of the
establishment of such individual's KidSave Account, and
``(B) in the case of any individual born on or
after January 1, 1997, $500.00, on the 1st, 2nd, 3rd,
4th, and 5th birthdays of such individual occurring on
or after January 1, 2002.
``(2) Adjustment for inflation.--For any calendar year
after 2008, each of the dollar amounts under paragraph (1)
shall be increased by the cost-of-living adjustment determined
under section 215(i) for the calendar year.
``(c) Designations Regarding KidSave Accounts.--
``(1) Initial designations of investment vehicle.--A person
described in subsection (d) shall, on behalf of the individual
described in subsection (a), designate the investment vehicle
for the KidSave Account to which contributions on behalf of
such individual are to be deposited. Such designation shall be
made on the application for such individual's Social Security
account number.
``(2) Changes in investment vehicles or types of kidsave
accounts.--The Commissioner shall by regulation provide the
time and manner by which--
``(A) an individual or a person described in
subsection (d) on behalf of such individual may change
1 or more investment vehicles for a KidSave Account
described in subparagraph (A) of section 252(1), and
``(B) an individual who has attained age 18, may
designate a KidSave Account described in subparagraph
(B) of section 252(1) to which all or a portion of the
amounts in an existing KidSave Account described in
subparagraph (A) of such section are to be transferred.
``(d) Treatment of Minors and Incompetent Individuals.--Any
designation under subsection (c) to be made by a minor, or an
individual mentally incompetent or under other legal disability, may be
made by the person who is constituted guardian or other fiduciary by
the law of the State of residence of the individual or is otherwise
legally vested with the care of the individual or his estate. Payment
under this part due a minor, or an individual mentally incompetent or
under other legal disability, may be made to the person who is
constituted guardian or other fiduciary by the law of the State of
residence of the claimant or is otherwise legally vested with the care
of the claimant or his estate. In any case in which a guardian or other
fiduciary of the individual under legal disability has not been
appointed under the law of the State of residence of the individual, if
any other person, in the judgment of the Commissioner, is responsible
for the care of such individual, any designation under subsection (c)
which may otherwise be made by such individual may be made by such
person, any payment under this part which is otherwise payable to such
individual may be made to such person, and the payment of an annuity
payment under this part to such person bars recovery by any other
person.
``definitions and special rules
``Sec. 252. For purposes of this part--
``(1) Kidsave accounts.--
``(A) A KidSave Account described in this
subparagraph is a KidSave Account in the KidSave
Investment Fund (established under section 253) which
is administered by the KidSave Investment Fund Board.
``(B) A Kidsave Account described in this
subparagraph is any individual retirement plan (as
defined in section 7701(a)(37) of the Internal Revenue
Code of 1986), other than a Roth IRA (as defined in
section 408A(b) of such Code), which is designated by
an individual as a KidSave Account (in such manner as
the Secretary of the Treasury may prescribe) and which
is administered or issued by a bank or other person
referred to in section 408(a)(2) of such Code.
``(2) Treatment of accounts.--
``(A) In general.--Except as provided in
subparagraph (B)--
``(i) any KidSave Account described in
paragraph (1)(A) shall be treated in the same
manner as an account in the Thrift Savings Fund
under subchapter III of chapter 84 of title 5,
United States Code, and
``(ii) any KidSave Account described in
paragraph (1)(B) shall be treated in the same
manner as an individual retirement plan (as so
defined).
``(B) Exceptions.--
``(i) Contribution limit.--The aggregate
amount of contributions for any taxable year to
all KidSave Accounts of an individual shall not
exceed the contribution made pursuant to
section 251(b) for such year on behalf of such
individual.
``(ii) Rollover contributions.--No rollover
contribution may be made to a KidSave Account
unless it is from another KidSave Account. A
rollover described in the preceding sentence
shall not be taken into account for purposes of
clause (i).
``(iii) Distributions.--Notwithstanding any
other provision of law, distributions may only
be made from a KidSave Account of an individual
on or after the earlier of--
``(I) the date on which the
individual begins receiving benefits
under this title, or
``(II) the date of the individual's
death.
``kidsave investment fund
``Sec. 253. (a) Establishment.--There is established and maintained
in the Treasury of the United States a KidSave Investment Fund in the
same manner as the Thrift Savings Fund under sections 8437, 8438, and
8439 of title 5, United States Code.
``(b) KidSave Investment Fund Board.--
``(1) In general.--There is established and operated in the
Social Security Administration a Kidsave Investment Fund Board
in the same manner as the Federal Retirement Thrift Investment
Board under subchapter VII of chapter 84 of title 5, United
States Code.
``(2) Specific investment duties.--The Kidsave Investment
Fund shall be managed by the Kidsave Investment Fund Board in
the same manner as the Thrift Savings Fund is managed under
subchapter VIII of chapter 84 of title 5, United States Code.
``appropriations to the federal old-age and survivors insurance trust
fund
``Sec. 254. Out of any money in the Treasury of the United States
not otherwise appropriated, there are appropriated to the Federal Old-
Age and Survivors Insurance Trust Fund such sums as are necessary to
carry out this part.''. | Social Security KidSave Accounts Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to create a new part B (KidSave Accounts). Directs the Commissioner of Social Security to establish in the name of each individual born on or after January 1, 1997, an individual retirement account known as a KidSave Account.
Requires the Secretary of the Treasury to transfer from the Federal OASDI Trust Fund to the Commissioner for crediting to each account holder's KidSave Account: (1) $1,000, on the date such individual's KidSave Account is established, in the case of any individual born on or after January 1, 1999; plus (2) in the case of any individual born on or after January 1, 1997, $500 on each of the individual's first five birthdays occurring on or after January 1, 2002.
Establishes in the Treasury the KidSave Investment Fund in the same manner as the Thrift Savings Fund under the Federal Employees Retirement System (FERS). Establishes the KidSave Investment Fund Board in the Social Security Administration in the same manner as the Federal Retirement Thrift Investment Board under the FERS Thrift Savings Program. Requires the KidSave Investment Fund to be managed in the same manner as the FERS Thrift Savings Fund.
Makes appropriations to the Federal OASDI Trust Fund of any sums necessary to carry out the KidSave Accounts program. | {"src": "billsum_train", "title": "Social Security KidSave Accounts Act"} | 1,790 | 315 | 0.707227 | 1.887469 | 0.758876 | 3.914498 | 5.97026 | 0.895911 |
SECTION. 1. SHORT TITLE; FINDINGS; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Federal Tort
Claims Act Malpractice Coverage for Health Centers Extension Act of
1995''.
(b) Reference.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Public
Health Service Act.
SEC. 2. PERMANENT EXTENSION OF PROGRAM.
(a) In General.--Section 224(g) (42 U.S.C. 233 (g)) is amended by
striking the last sentence of paragraph (3).
(b) Conforming Amendments.--
(1) Section 224(k)(1)(A) (42 U.S.C. 233(k)(1)(A)) is
amended by striking ``each of the fiscal years 1993, 1994, and
1995'' and inserting ``each fiscal year''.
(2) Section 224(k)(2) (42 U.S.C. 233(k)(2)) is amended by
striking ``each of the fiscal years 1993, 1994, and 1995'' and
inserting ``each fiscal year''.
SEC. 3. CLARIFICATION OF COVERAGE.
Section 224(g)(1) (42 U.S.C. 233(g)(1)) is amended--
(1) in the first sentence, by striking ``officer, employee,
or contractor'' and inserting ``officer, governing board
member, or employee of such an entity, and any contractor'';
and
(2) in the second sentence, by inserting after ``officer,''
the following ``governing board member,''.
SEC. 4. COVERAGE FOR SERVICES FURNISHED TO INDIVIDUALS OTHER THAN
CENTER PATIENTS.
Section 224(g) (42 U.S.C. 233(g)) is amended--
(1) by redesignating paragraph (1) as paragraph (1)(A); and
(2) by adding at the end thereof the following:
``(B) The deeming of any entity or officer, governing board member,
employee, or contractor of the entity to be an employee of the Public
Health Service under subparagraph (A) shall apply with respect to
services provided--
``(i) to all patients of the entity, and
``(ii) subject to subparagraph (C), to individuals who are
not patients of the entity.
``(C) Subparagraph (B)(ii) applies to services provided to
individuals who are not patients of an entity if the Secretary
determines, after reviewing an application submitted under subparagraph
(D), that the provision of the services to such individuals--
``(i) benefits patients of the entity and general
populations that could be served by the entity through
community-wide intervention efforts within the communities
served by such entity;
``(ii) facilitates the provision of services to patients of
the entity; or
``(iii) are otherwise required under an employment contract
(or similar arrangement) between the entity and an officer,
governing board member, employee, or contractor of the
entity.''.
SEC. 5. APPLICATION PROCESS.
(a) Application Requirement.--Section 224(g)(1) (42 U.S.C.
233(g)(1)) (as amended by section 4) is further amended--
(1) in subparagraph (A), by inserting ``and subject to the
approval by the Secretary of an application under subparagraph
(D)'' after ``For purposes of this section''; and
(2) by adding at the end thereof the following new
subparagraphs:
``(D) The Secretary may not deem an entity or an officer, governing
board member, employee, or contractor of the entity to be an employee
of the Public Health Service under subparagraph (A), and may not apply
such deeming to services described in subparagraph (B)(ii), unless the
entity has submitted an application for such deeming to the Secretary
in such form and such manner as the Secretary shall prescribe. The
application shall contain detailed information, along with supporting
documentation, to verify that the entity, and the officer, governing
board member, employee, or contractor of the entity, as the case may
be, meets the requirements of subparagraphs (B) and (C) of this
paragraph and that the entity meets the requirements of paragraphs (1)
through (4) of subsection (h).
``(E) The Secretary shall make a determination of whether an entity
or an officer, governing board member, employee, or contractor of the
entity is deemed to be an employee of the Public Health Service for
purposes of this section within 30 days after the receipt of an
application under subparagraph (D). The determination of the Secretary
that an entity or an officer, governing board member, employee, or
contractor of the entity is deemed to be an employee of the Public
Health Service for purposes of this section shall apply for the period
specified by the Secretary under subparagraph (A).
``(F) Once the Secretary makes a determination that an entity or an
officer, governing board member, employee, or contractor of an entity
is deemed to be an employee of the Public Health Service for purposes
of this section, the determination shall be final and binding upon the
Secretary and the Attorney General and other parties to any civil
action or proceeding. Except as provided in subsection (i), the
Secretary and the Attorney General may not determine that the provision
of services which are the subject of such a determination are not
covered under this section.''.
(b) Approval Process.--Section 224(h) (42 U.S.C. 233(h)) is
amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following: ``The Secretary may not approve an
application under subsection (g)(1)(D) unless the Secretary
determines that the entity--''; and
(2) by striking ``has fully cooperated'' in paragraph (4)
and inserting ``will fully cooperate''.
SEC. 6. TIMELY RESPONSE TO FILING OF ACTION OR PROCEEDING.
Section 224 (42 U.S.C. 233) is amended by adding at the end thereof
the following new subsection:
``(l)(1) If a civil action or proceeding is filed in a State court
against any entity described in subsection (g)(4) or any officer,
governing board member, employee, or any contractor of such an entity
for damages described in subsection (a), the Attorney General, within
15 days after being notified of such filing, shall make an appearance
in such court and advise such court as to whether the Secretary has
determined under subsections (g) and (h), that such entity, officer,
governing board member, employee, or contractor of the entity is deemed
to be an employee of the Public Health Service for purposes of this
section with respect to the actions or omissions that are the subject
of such civil action or proceeding. Such advice shall be deemed to
satisfy the provisions of subsection (c) that the Attorney General
certify that an entity, officer, governing board member, employee, or
contractor of the entity was acting within the scope of their
employment or responsibility.
``(2) If the Attorney General fails to appear in a State court
within the time period prescribed under paragraph (1), upon petition of
any entity or officer, governing board member, employee, or contractor
of the entity named, the civil action or proceeding shall be removed to
the appropriate United States district court. The civil action or
proceeding shall be stayed in such court until such court conducts a
hearing, and makes a determination, as to the appropriate forum or
procedure for the assertion of the claim for damages described in
subsection (a) and issues an order consistent with such
determination.''.
SEC. 7. APPLICATION OF COVERAGE TO MANAGED CARE PLANS.
Section 224 (42 U.S.C. 233) (as amended by section 6) is further
amended by adding at the end the following new subsection:
``(m)(1) An entity described in subsection (g)(4) or an officer,
governing board member, employee, or contractor of such an entity
shall, for purposes of this section, be deemed to be an employee of the
Public Health Service with respect to services provided to individuals
who are enrollees of a managed care plan if the entity contracts with
such managed care plan for the provision of services.
``(2) Each managed care plan which enters into a contract with an
entity described in subsection (g)(4) shall deem the entity and any
officer, governing board member, employee, or contractor of the entity
as meeting whatever malpractice coverage requirements such plan may
require of contracting providers for a calendar year if such entity or
officer, governing board member, employee, or contractor of the entity
has been deemed to be an employee of the Public Health Service for
purposes of this section for such calendar year. Any plan which is
found by the Secretary on the record, after notice and an opportunity
for a full and fair hearing, to have violated this subsection shall,
upon such finding cease, for a period to be determined by the
Secretary, to receive and to be eligible to receive any Federal funds
under title XVIII or XIX of the Social Security Act.
``(3) For purposes of this subsection, the term `managed care plan'
shall mean health maintenance organizations and similar entities that
contract at-risk with payors for the provision of health services to
plan enrollees and which contract with providers (such as entities
described in subsection (g)(4)) for the delivery of such services to
plan enrollees.''.
SEC. 8. COVERAGE FOR PART-TIME PROVIDERS UNDER CONTRACTS.
Subparagraph (B) of section 224(g)(5) (42 U.S.C. 233 (g)(5)(B)) is
amended to read as follows:
``(B) in the case of an individual who normally performs an
average of less than 32\1/2\ hours of services per week for the
entity for the period of the contract, the individual is a
licensed or certified provider of services in the fields of
family practice, general internal medicine, general pediatrics,
or obstetrics and gynecology.''.
SEC. 9. DUE PROCESS FOR LOSS OF COVERAGE.
Section 224(i)(1) (42 U.S.C. 233(i)(1)) is amended by striking
``may determine, after notice and opportunity for a hearing'' and
inserting ``may on the record determine, after notice and opportunity
for a full and fair hearing''.
SEC. 10. REPORT ON RISK EXPOSURE OF COVERED ENTITIES.
(a) In General.--Not later than December 31, 1997, the General
Accounting Office shall submit to the Congress a report on the medical
malpractice liability claims experience of entities that have been
deemed to be employees for purposes of section 224 of the Public Health
Service Act and the risk exposure associated with such entities.
(b) Contents of Report.--The report required under subsection (a)
shall include an analysis by the General Accounting Office comparing--
(1) the estimate of the General Accounting Office of the
aggregate amounts that entities described in subsection (a)
(together with the officers, governing board members,
employees, and contractors of such entities who have been
deemed to be employees for purposes of section 224 of the
Public Health Service Act) would have paid to obtain medical
malpractice liability insurance coverage if such section 224
were not in effect; with
(2) the aggregate amounts by which the grants received by
such entities under such section 224 were reduced pursuant to
subsection (k)(2) of such section 224.
(c) Consultation.--In preparing the report under subsection (a),
the General Accounting Office shall consult with public and private
entities with expertise on the matters with which the report is
concerned.
SEC. 11. AMOUNT OF RESERVE FUND.
Section 224(k)(2) (42 U.S.C. 233(k)(2)) is amended by striking
``$30,000,000'' and inserting ``$10,000,000''. | Federal Tort Claims Act Malpractice Coverage for Health Centers Extension Act of 1995 - Amends the Public Health Service Act to remove provisions ending, on a specified date, the application of provisions: (1) deeming health care practitioner officers, employees, or contractors of certain entities (migrant and community health centers and grant recipients for health services to the homeless and to residents of public housing) to be employees of the Public Health Service (PHS); and (2) making a malpractice action against the United States the sole remedy against such practitioners. Adds governing board members to the list of practitioners deemed to be PHS employees.
Allows the practitioners to be considered PHS employees while treating individuals who are not patients of such an entity if the Secretary of Health and Human Services determines, after reviewing the application, that the provision of the services to such individuals: (1) benefits patients of, and general populations that could be served by, the entity through community-wide intervention efforts within the communities served by such entity; (2) facilitates the provision of services to such patients; or (3) are otherwise required under an employment contract or similar arrangement between the entity and an officer, governing board member, employee, or contractor of the entity. Sets forth an application process.
Directs the Attorney General to appear in State court actions to advise the court whether an officer, governing board member, employee, or contractor has been deemed to be an employee of the Public Health Service.
Provides for the application of coverage to managed care plans.
Revises the requirements: (1) to be considered a contractor of such an entity; and (2) of due process regarding exclusion of specific individuals from coverage.
Directs the General Accounting Office to submit to the Congress a report on the medical malpractice liability claims experience of entities that have been deemed to be employees and the risk exposure associated with such entities.
Reduces the maximum limit on the fund set up to cover annual estimated claims. | {"src": "billsum_train", "title": "Federal Tort Claims Act Malpractice Coverage for Health Centers Extension Act of 1995"} | 2,732 | 404 | 0.495674 | 1.641623 | 0.718387 | 4.099744 | 6.263427 | 0.872123 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Infection Protection Act''.
SEC. 2. PROTECTING WORKERS FROM INFECTIONS.
(a) In General.--The Secretary of Labor and the Secretary of Health
and Human Services shall jointly develop and issue workplace standards,
recommendations, and plans to protect health care workers and first
responders, including police, firefighters, emergency medical
personnel, and other workers at risk of workplace exposure to
infectious agents and drug resistant infections, such as Methicillin-
resistant Staphylococcus aureus (referred to in this Act as ``MRSA'')
and pandemic influenza.
(b) Workplace Safety and Health Standards.--
(1) Temporary standard.--Not later than 6 months after the
date of the enactment of this Act, the Secretary of Labor, in
consultation with the Director of the National Institute for
Occupational Safety and Health, pursuant to section 6(c) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)),
shall develop and issue an emergency temporary standard for the
protection of health care workers and first responders and
other workers at risk of exposure, to prevent occupational
exposure to infectious agents and toxins, such as MRSA and
pandemic influenza.
(2) Permanent standard.--Not later than 6 months after the
issuance of the emergency temporary standard under paragraph
(1), the Secretary of Labor shall issue a final permanent
standard for occupational exposure to infectious agents and
toxins, including MRSA and pandemic influenza, under section
6(b) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655(B)).
(3) Requirements.--The emergency temporary standard and
final permanent standard under paragraphs (1) and (2) shall, at
a minimum, provide for the following:
(A) The development and implementation of an
exposure control plan to protect workers from airborne
and contact hazards in accordance with the Guideline
for Protecting Workers Against Avian Flu issued by the
Occupational Safety and Health Administration (March
2004), the Centers for Disease Control and Prevention
Interim Recommendations for Infection Control in Health
Care Facilities Caring for Patients with Known or
Suspected Avian Influenza (issued May 21, 2004), and
the World Health Organization (WHO) Global Influenza
Preparedness Plan (issued April 2005).
(B) Personal protective equipment, in accordance
with the requirements of sections 1910.134 and 1910.132
of title 29, Code of Federal Regulations.
(C) Training and information in accordance with the
Occupational Safety and Health Administration
Bloodborne Pathogens standard under section
1910.1030(g) of title 29, Code of Federal Regulations.
(D) Appropriate medical surveillance for workers
exposed to infections agents, including MRSA or
pandemic influenza.
(E) Immunization against the pandemic influenza
virus, if such a vaccine has been approved by the Food
and Drug Administration and is available.
(4) Effective date.--The temporary emergency standard
issued under paragraph (1) shall take effect not later than 90
days after the promulgation of such standard, except that the
effective date for any requirements for engineering controls
shall go into effect not later than 90 days after the
promulgation of the permanent standard under paragraph (2). The
provisions of the emergency temporary standard under paragraph
(1) shall remain in effect until the permanent standard takes
effect under paragraph (2).
(c) Pandemic Influenza Preparedness Plan Revisions.--
(1) Minimal requirements.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Health and
Human Services shall revise the provisions of the pandemic
influenza plan of the Department of Health and Human Services
to conform with the minimal worker protection requirements
described in subsection (b)(3).
(2) Final standards.--Not later than 30 days after the
promulgation of a permanent standard under subsection (b)(2),
the Secretary of Health and Human Services shall modify the
pandemic influenza plan of the Department of Health and Human
Services to conform with the provisions of the occupational
safety and health standard issued by the Secretary of Labor
under such subsection. | Worker Infection Protection Act - Directs the Secretaries of Labor and of Health and Human Services (HHS) to jointly develop and issue workplace standards, recommendations, and plans to protect health care workers and first responders and other workers at risk of workplace exposure to infectious agents and drug resistant infections, such as Methicillin-resistant Staphylococcus aureus (MRSA) and pandemic influenza.
Directs the Secretary of Labor to develop and issue an emergency temporary standard and, not later than six months after such issuance, a permanent standard for the protection of workers at risk of exposure, to prevent occupational exposure to infectious agents and toxins, such as MRSA and pandemic influenza. Sets forth minimum requirements for such standards concerning: (1) influenza exposure; (2) personal protective equipment; (3) training and information; (4) medical surveillance for exposed workers; and (5) immunization against the pandemic influenza virus, if such a vaccine has been approved and is available.
Requires the HHS Secretary to revise the provisions of the HHS pandemic influenza plan to conform with the minimum worker protection requirements described in this Act and with the permanent occupational safety and health exposure standard issued by the Secretary of Labor under this Act. | {"src": "billsum_train", "title": "A bill to protect health care workers and first responders, including police, fire-fighters, emergency medical personnel, and other workers at risk of workplace exposure to infectious agents and drug resistant infections, such as MRSA and pandemic influenza."} | 905 | 265 | 0.704917 | 1.994386 | 0.8535 | 4.666667 | 3.554113 | 0.917749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Subsidized Stafford Loan Reduced
Interest Rate Extension Act of 2012''.
TITLE I--EXTENSION OF REDUCED INTEREST RATE
SEC. 101. 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,''.
TITLE II--IMPROPER PAYMENTS ELIMINATION AND RECOVERY IMPROVEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Improper Payments Elimination and
Recovery Improvement Act of 2012''.
SEC. 202. DEFINITION.
In this title, the term ``agency'' means an executive agency
defined under section 105 of title 5, United States Code.
SEC. 203. IMPROVING THE DETERMINATION OF IMPROPER PAYMENTS BY FEDERAL
AGENCIES.
(a) In General.--The Director of the Office of Management and
Budget shall on an annual basis--
(1) identify a list of high-priority Federal programs for
greater levels of oversight and review--
(A) in which the highest dollar value or majority
of governmentwide improper payments occur; or
(B) for which there is a higher risk of improper
payments;
(2) in coordination with the agency responsible for
administering the high-priority program--
(A) establish semi-annual or quarterly targets and
actions for reducing improper payments associated with
each high-priority program; or
(B) if such targets are in effect on the date of
enactment of this Act, establish supplemental targets;
and
(3) determine the entities that have received the greatest
amount of improper payments (or, if improper payments are
identified solely on the basis of a sample, the entities that
have received the greatest amount of improper payments in the
applicable sample).
(b) Report on High-Dollar Improper Payments.--
(1) In general.--Subject to Federal privacy policies and to
the extent permitted by law, each agency on a quarterly basis
shall submit to the Inspector General of that agency, and make
available to the public (including availability through the
Internet), a report on any high-dollar improper payments
identified by the agency.
(2) Contents.--Each report under this subsection--
(A) shall describe--
(i) any action the agency--
(I) has taken or plans to take to
recover improper payments; and
(II) intends to take to prevent
future improper payments; and
(B) shall not include any referrals the agency made
or anticipates making to the Department of Justice, or
any information provided in connection with such
referrals.
(3) Availability of information to inspector general.--
Paragraph (2)(B) shall not prohibit any referral or information
being made available to an Inspector General as otherwise
provided by law.
(4) Assessment.--After the review of each report under this
subsection, the Inspector General shall--
(A) assess the level of risk associated with the
applicable program and the quality of the improper
payment estimates and methodology of the agency;
(B) determine the extent of additional oversight or
financial controls warranted to identify and prevent
improper payments; and
(C) provide the head of the agency with any
recommendations, for modifying any plans of the agency,
including improvements for improper payments
determination and estimation methodology.
(c) Improved Estimates.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall provide guidance to agencies for improving the
estimates of improper payments under the Improper Payments
Information Act of 2002 (31 U.S.C. 3321 note).
(2) Guidance.--Guidance under this subsection shall--
(A) strengthen the estimation process of agencies
by reviewing the underlying validity of payments to
ensure amounts being billed are proper; and
(B) include--
(i) access to more complete data as part of
reviews;
(ii) ending reliance on self-reporting of
improper payments as a replacement for
estimates, and relying on the development of a
robust process to estimate and identify
improper payments across the agency;
(iii) all overpayments in the improper
payments estimate, regardless of whether
improperly paid funds have been or are being
recovered;
(iv) ensuring that--
(I) the review of payments to
employees shall include analysis of
employee data, including pay grade
data, locality pay, and other factors
that affect pay; and
(II) reviews address high-risk or
high-dollar personnel payments,
including travel, pay, and purchase
cards;
(v) reassessing high-risk programs to
better reflect the unique processes,
procedures, and risks of improper payments,
including assessments for each program to
reflect different risk components and better
direct corrective actions; and
(vi) confirming that inter-agency transfers
are proper using a methodology comparable to
that used to assess program level improper
payments.
SEC. 204. IMPROPER PAYMENTS INFORMATION.
Section 2(a)(3)(A)(ii) of the Improper Payments Information Act of
2002 (31 U.S.C. 3321 note) is amended by striking ``with respect to
fiscal years following September 30th of a fiscal year beginning before
fiscal year 2013 as determined by the Office of Management and Budget''
and inserting ``with respect to fiscal year 2014 and each fiscal year
thereafter''.
SEC. 205. DO NOT PAY INITIATIVE.
(a) Prepayment and Preaward Procedures.--
(1) In general.--Each agency shall review prepayment and
preaward procedures and ensure that a thorough review of
available databases with relevant information on eligibility
occurs to determine program or award eligibility and prevent
improper payments before the release of any Federal funds, to
the extent permitted by law.
(2) Databases.--At a minimum, each agency shall, before
payment and award, check the following databases (if applicable
and permitted by law) to verify eligibility:
(A) The Death Master File of the Social Security
Administration.
(B) The General Services Administration's Excluded
Parties List System.
(C) The Debt Check Database of the Department of
the Treasury.
(D) The Credit Alert System or Credit Alert
Interactive Voice Response System of the Department of
Housing and Urban Development.
(E) The List of Excluded Individuals/Entities of
the Office of Inspector General of the Department of
Health and Human Services.
(b) Do Not Pay List.--
(1) Establishment.--There is established the Do Not Pay
List which shall consist of--
(A) the databases described under subsection
(a)(2); and
(B) any other database designated by the Director
of the Office of Management and Budget in consultation
with agencies.
(2) Other databases.--In making designations of other
databases under paragraph (1)(B), the Director of the Office of
Management and Budget shall consider--
(A) any database that assists in preventing
improper payments; and
(B) the database of incarcerated individuals
established under subsection (f).
(3) Access and review by agencies.--For purposes of
identifying and preventing improper payment, each agency shall
have access to, and use of, the Do Not Pay List to determine
payment or award eligibility when the Director of the Office of
Management and Budget determines the Do Not Pay List is
appropriately established for the agency.
(4) Payment otherwise required.--When using the Do Not Pay
List, an agency shall recognize that there may be circumstances
under which the law requires a payment or award to be made to a
recipient, regardless of whether that recipient is on the Do
Not Pay List.
(c) Database Integration Plan.--Not later than 60 days after the
date of enactment of this Act, the Director of the Office of Management
and Budget shall provide to the Congress a plan for--
(1) inclusion of other databases on the Do Not Pay List;
(2) to the extent permitted by law, agency access to the Do
Not Pay List; and
(3) the multilateral data use agreements described under
subsection (e).
(d) Initial Working System.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Director of the Office of
Management and Budget shall establish a working system for
prepayment and preaward review that includes the Do Not Pay
List as described under this section.
(2) Initial system.--The working system established under
paragraph (1)--
(A) may be located within an appropriate agency;
(B) shall include not less than 3 agencies;
(C) shall include fraud and improper payments
detection through predictive modeling and other
analytic technologies and other techniques; and
(D) may provide for the use of commercial database
sources, commercial analysis, and other functionality
for payment or award reviews, as determined appropriate
by the Director of the Office of Management and Budget
for verifying Federal data.
(3) Application to all agencies.--Not later than January 1,
2013, each agency shall review all payments and awards for all
programs of that agency through the system established under
this subsection.
(e) Multilateral Data Use Agreements.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall develop a plan to establish a multilateral
data use agreement authority to carry out this section,
including access to databases such as the New Hire Database
under section 453(j) of the Social Security Act (42 U.S.C.
653(j)).
(2) General protocols and security.--
(A) In general.--The multilateral data use
agreements shall be consistent with protocols to ensure
the secure transfer and storage of any data provided to
another entity or individual--
(i) under the provisions of, or amendments
made by, this section; and
(ii) consistent with applicable
information, privacy, security, and disclosure
laws, including--
(I) the regulations promulgated
under the Health Insurance Portability
and Accountability Act of 1996 and
section 552a of title 5, United States
Code; and
(II) subject to any information
systems security requirements under
such laws or otherwise required by the
Director of the Office of Management
and Budget.
(B) Consultation.--The Director of the Office of
Management and Budget shall consult with--
(i) the Council of Inspectors General on
Integrity and Efficiency before implementing
this paragraph; and
(ii) the Secretary of Health and Human
Services, the Social Security Administrator,
and the head of any other agency, as
appropriate.
(f) Development and Access to a Database of Incarcerated
Individuals.--
(1) In general.--The Attorney General shall develop and
maintain a database of individuals incarcerated at Federal and
State facilities.
(2) Availability and update.--The database developed under
this subsection shall be--
(A) available to agencies to carry out this section
and prevent waste, fraud, and abuse; and
(B) updated no less frequently than on a weekly
basis.
(g) Plan To Improve the Social Security Administration Death Master
File.--
(1) Establishment.--In conjunction with the Commissioner of
Social Security and in consultation with stakeholders and the
States, the Director of the Office of Management and Budget,
shall establish a plan for improving the quality and timeliness
of death data maintained by the Social Security Administration,
including death information reported to the Commissioner under
section 205(r) of the Social Security Act (42 U.5.C. 405(r)).
(2) Actions under plan.--The plan established under this
subsection shall include actions agencies are required to take
to--
(A) increase the quality and frequency of access;
(B) achieve a goal of at least daily access as
appropriate; and
(C) provide for all States to use modern,
electronic means for providing data.
(3) Report.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall submit a report to Congress on the plan
established under this subsection, including recommended
legislation.
SEC. 206. IMPROVING RECOVERY OF IMPROPER PAYMENTS.
(a) In General.--The Director of the Office of Management and
Budget shall determine--
(1) current and historical rates and amounts of recovery of
improper payments (or, in cases in which improper payments are
identified solely on the basis of a sample, recovery rates and
amounts estimated on the basis of the applicable sample),
including specific information of amounts and payments
recovered by recovery audit contractors; and
(2) targets for recovering improper payments, including
specific information on amounts and payments recovered by
recovery audit contractors.
(b) Recovery Audit Contractor Programs.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Director of the Office of
Management and Budget shall establish a plan for no less than
10 Recovery Audit Contracting programs for the purpose of
identifying and recovering overpayments and underpayments in 10
agencies.
(2) Review of commercial payments.--Of the programs
established under this subsection, 5 programs shall review
commercial payments by an agency.
(3) Duration.--Any program established under this
subsection shall terminate not more than 3 years after the date
on which the program is established.
(4) Reports.--
(A) In general.--Not later than 3 months after the
completion of a program, the head of the agency
conducting the program shall submit a report on the
program to Congress.
(B) Contents.--Each report under this paragraph
shall include--
(i) a description of the impact of the
program on savings and recoveries; and
(ii) such recommendations as the head of
the agency considers appropriate on extending
or expanding the program. | Subsidized Stafford Loan Reduced Interest Rate Extension 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.
Improper Payments Elimination and Recovery Improvement Act of 2012 - Requires the Director of the Office of Management and Budget (OMB) to: (1) identify, on an annual basis, a list of high-priority federal programs for greater levels of oversight and review of improper payments; (2) coordinate with agencies responsible for administering high-priority programs to establish semi-annual or quarterly targets and actions for reducing improper payments; and (3) provide guidance to agencies for improving estimates of improper payments.
Requires federal agencies to: (1) make quarterly reports to their Inspectors General on any high-dollar improper payments identified by such agencies, and (2) review prepayment and preaward procedures and available databases to determine program or award eligibility and prevent improper payments before releasing any federal funds. Establishes a Do Not Pay List based on information from databases maintained by the federal government, including the database of the Social Security Administration (SSA) reporting deaths of Social Security recipients.
Requires the Director to: (1) determine the current and historical rates and amounts of recovery of improper payments and targets for recovering improper payments, and (2) establish a plan for at least 10 Recovery Audit Contracting programs to identify and recover overpayments and underpayments in 10 agencies. | {"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."} | 3,079 | 346 | 0.642633 | 2.138304 | 0.859947 | 3.546012 | 8.843558 | 0.883436 |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) Potassium iodide long has been shown to have prevented
radiation-induced thyroid diseases with negligible side
effects.
(2) The American Thyroid Association and a broad array of
other experts on radiation protection and thyroid cancers have
consistently recommended making potassium iodide available for
use in the case of a radiological catastrophe. The experience
of the Chernobyl accident in 1985 and its aftermath have
confirmed the safety and efficacy of potassium iodide in
preventing radiation-induced thyroid cancers.
(3) Despite the clear and compelling evidence that
potassium iodide is a safe, effective, and inexpensive means of
preventing radiation-induced thyroid cancers, the Nuclear
Regulatory Commission and its staff have, through their
inaction, delayed the stockpiling and distribution of this
substance for the last 22 years.
(4) The safety and efficacy of potassium iodide was
formally established as a matter of Federal policy when, on
December 15, 1978, the Food and Drug Administration concluded
that potassium iodide is a safe and effective means by which to
block uptake of radioactive iodine by the thyroid gland in a
radiological catastrophe, and approved its over-the-counter
sale.
(5) In November 1979, after the Three Mile Island accident
revealed shortages in availability of potassium iodide and the
Presidents Commission on the Accident at Three Mile Island
criticized the Federal Government's failure to stockpile it,
the Nuclear Regulatory Commission first declared that it would
require potassium iodide stockpiling ``a necessary part of an
acceptable State emergency response plan'' in the event of a
future nuclear accident. Despite this statement, the Commission
failed to take prompt action to make potassium iodide
available.
(6) On September 27, 1982, the Nuclear Regulatory
Commission staff recommended that the Commission approve a
policy endorsing use of potassium iodide as a ``useful
protective action''. However, on October 15, 1982, the
Commission staff reversed itself, noting that the Federal
Emergency Management Agency had dropped plans to stockpile a
large quantity of potassium iodide and stating that the staff
now planned to prepare a new paper that would recommend against
stockpiling and distribution of potassium iodide on cost-
benefit grounds.
(7) On November 22, 1982, public briefing of the Nuclear
Regulatory Commission, the staff inexplicably argued against
stockpiling of potassium iodide on cost-benefit grounds,
suggesting that even though potassium iodide is inexpensive, it
would be even cheaper in the long run to treat radiation-
induced thyroid cancers than to prevent them.
(8) On July 24, 1985, the Nuclear Regulatory Commission
issued a national policy on potassium iodide which reversed the
Commission's previous support for stockpiling and distribution.
Referring to the Commission staff's ``cost-benefit analysis'',
it rejected the notion of distributing potassium iodide as
``not worthwhile''.
(9) On June 16, 1989, a Nuclear Energy Commission employee
filed a Differing Professional Opinion challenging the Nuclear
Regulatory Commission's potassium iodide policy.
(10) On March 29, 1994, the Nuclear Regulatory Commission
staff recommended to the Commission that stockpiling potassium
iodide in the vicinity of nuclear power plants ``appears
prudent'' and urged a new policy of purchasing potassium iodide
and encouraging the States to establish stockpiles. However, a
deadlocked 2-2 vote by the Commission prevented adoption of the
proposed new policy.
(11) On September 9, 1995, a Nuclear Regulatory Commission
employee filed, as a private citizen, a petition for rulemaking
asking the Commission to require that potassium iodide be
included in State emergency plans.
(12) On June 16, 1997, the Nuclear Regulatory Commission
staff proposed a draft policy statement to the Commission which
would make potassium iodide available at Federal expense to
those States who request it, while also stating that there is
``no new information'' warranting a change in existing policy--
despite the experience from the Chernobyl accident regarding
the effectiveness of potassium iodide in preventing thyroid
cancers.
(13) On March 31, 1998, the Nuclear Regulatory Commission
staff recommended to the Commission that it deny the petition
for rulemaking filed by one of its employees in a private
capacity, on the basis of spurious arguments about the
purported side effects of potassium iodide and the potential
for liability relating to such purported side effects.
(14) On April 9, 1998, the Federal Emergency Management
Agency wrote the Commission to point out ``misleading''
characterizations being made about its position on potassium iodide by
the Nuclear Regulatory Commission staff and a nuclear industry trade
association.
(15) On July 1, 1998, the Nuclear Regulatory Commission
announced that it had voted 3-1 to reject the recommendation by
the staff and grant the petition for rulemaking and to require
States to consider potassium iodide, along with evacuation and
sheltering, in emergency planning for nuclear power plant
accidents. Despite this action, no rulemaking was immediately
forthcoming.
(16) In January 2001, the Nuclear Regulatory Commission
finally revised a portion of its emergency response regulations
to require that consideration be given to including potassium
iodide as a protective measure for the general public to
supplement sheltering and evacuation in the event of a severe
nuclear power plant accident. In doing so, the Commission found
that potassium iodide is ``a reasonable, prudent, and
inexpensive supplement to evacuation and sheltering for
specific local conditions''.
(17) On October 16, 2001, the Nuclear Regulatory Commission
stated that while it had decided to fund the initial purchases
of potassium iodide as a supplemental measure, it had not
formulated a concrete plan for its distribution, preferring
instead to leave it to the States to decide whether to make
potassium iodide available to its citizens.
(18) The events of September 11, 2001, have underscored the
need to undertake immediate measures to protect the public
against other possible terrorist attacks, including terrorist
attacks against nuclear power plants. Such preparations must
include the immediate establishment of a uniform national
policy to be established with respect to the stockpiling and
distribution of potassium iodide, rather than deferring to the
States on the question of whether it should be stockpiled. In
order to establish such a uniform national policy, the Nuclear
Regulatory Commission and all other applicable Federal agencies
must remove all further obstacles to the immediate stockpiling
and distribution of potassium iodide on a national basis.
SEC. 2. RULEMAKING.
(a) Amendment.--Chapter 19 of the Atomic Energy Act of 1954 (42
U.S.C. 2015 et seq.) is amended by inserting after section 241 the
following new section:
``Sec. 242. Potassium Iodide.--Not later than 6 months after the
date of the enactment of this section, the Commission shall--
``(1) ensure that stockpiles of potassium iodide tablets
sufficient to provide adequate protection to the population
have been established in individual homes and at public
facilities such as schools and hospitals within 50 miles of a
nuclear power plant;
``(2) ensure that stockpiles of potassium iodide tablets
sufficient to provide adequate protection to the population
have been established at public facilities such as schools and
hospitals within the area between 50 and 200 miles of a nuclear
power plant;
``(3) establish a plan to provide for the utilization of
the stockpiles described in paragraphs (1) and (2) by
individuals located within 200 miles of a nuclear power plant
in the event of a release of radionuclides, other than a
release of amounts having no significant public health
consequences; and
``(4) transmit to the Congress a report--
``(A) on whether stockpiles have been established
as required by paragraphs (1) and (2); and
``(B) on the utilization plan required under
paragraph (3).''.
(b) Table of Contents Amendment.--The table of contents of chapter
19 of the Atomic Energy Act of 1954 is amended by inserting after the
item relating to section 241 the following new item:
``Sec. 242. Potassium iodide.''. | Amends the Atomic Energy Act of 1954 to instruct the Nuclear Regulatory Commission to ensure establishment, in individual homes and at public facilities within 50 miles of nuclear power plants, of stockpiles of potassium iodide tablets sufficient to provide adequate protection to the affected population. | {"src": "billsum_train", "title": "To require the Nuclear Regulatory Commission to ensure that sufficient stockpiles of potassium iodide tablets have been established near nuclear power plants and that appropriate plans for their utilization exist."} | 1,852 | 60 | 0.477656 | 1.233815 | 0.130363 | 3.9375 | 34.458333 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Legacy Act of 2008''.
SEC. 2. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.
Section 118(c)(12) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(12)) is amended--
(1) in subparagraph (B)--
(A) by redesignating clauses (i), (ii), and (iii)
as clauses (v), (i), and (ii), respectively, and moving
the clauses so as to appear in numerical order;
(B) in clause (i) (as redesignated by subparagraph
(A)), by striking ``or'' at the end; and
(C) by inserting after clause (ii) (as redesignated
by subparagraph (A)) the following:
``(iii) is a demonstration or pilot project
that uses innovative approaches, technologies,
or techniques for the remediation of sediment
contamination;
``(iv) restores aquatic habitat after
remediation; or'';
(2) by striking subparagraph (C) and inserting the
following:
``(C) Priority.--
``(i) In general.--In selecting projects to
carry out under this paragraph, the
Administrator shall give priority to a project
that--
``(I) constitutes remedial action
for contaminated sediment;
``(II)(aa) has been identified in a
remedial action plan submitted under
paragraph (3); and
``(bb) is ready to be implemented;
``(III) will use an innovative
approach, technology, or technique that
may provide greater environmental
benefits, or equivalent environmental
benefits at a reduced cost; or
``(IV) includes remediation to be
commenced not later than 1 year after
the date of receipt of funds for the
project.
``(ii) Environmental significance.--
Notwithstanding any regulation promulgated or
guidance issued to implement this section, the
Administrator may provide additional
consideration to a project that is--
``(I) funded by a potentially
responsible party; and
``(II) determined to be of greater
environmental significance than a
competing proposal.'';
(3) in subparagraph (E)--
(A) in clause (iii)--
(i) in subclause (I)--
(I) by inserting ``(including any
in-kind services or funds provided in
implementing the administrative order
on consent or judicial consent
decree)'' after ``judicial consent
decree''; and
(II) by striking ``but'' at the
end;
(ii) by redesignating subclause (II) as
subclause (III); and
(iii) by inserting after subclause (I) the
following:
``(II) may include funds paid, or
the value of any in-kind service
performed, by a potentially responsible
party, subject to the condition that
the eligibility of the potentially
responsible party to contribute to the
non-Federal share is evaluated on the
merits on a site-specific basis, in the
context of added value, such as at
sites at which an orphan share exists
or the remedy will be enhanced (such as
where the qualitative or quantitative
scope of the remediation is improved,
innovative methods are employed, or the
remediation will be accelerated);
but''; and
(B) by adding at the end the following:
``(v) Payment and retention of non-federal
share.--The non-Federal sponsor for a project
under this paragraph may pay to the
Administrator, for retention and use by the
Administrator in carrying out the project, the
non-Federal share of the cost of the
project.'';
(4) by striking subparagraph (F);
(5) by redesignating subparagraph (G) as subparagraph (F);
(6) by redesignating subparagraph (H) as subparagraph (I);
(7) by inserting after subparagraph (F) (as redesignated by
paragraph (5)) the following:
``(G) Advance payment and reimbursement costs.--The
Administrator, acting through the Program Office, may
enter into an agreement with a non-Federal sponsor to
carry out a project under this paragraph under which
the non-Federal sponsor may, as appropriate--
``(i) pay in advance the non-Federal share
of the cost of the project; and
``(ii) receive from the Administrator
reimbursement for amounts (other than the non-
Federal share) expended by the non-Federal
sponsor for the project.
``(H) Definition of potentially responsible
party.--In this paragraph, the term `potentially
responsible party' means an individual or entity that
may be liable under any Federal or State environmental
remediation law (including regulations) with respect to
a project carried out under this paragraph.''; and
(8) in subparagraph (I) (as redesignated by paragraph (6)),
by striking ``$50,000,000 for each of fiscal years 2004 through
2008'' and inserting ``$150,000,000 for each of fiscal years
2009 through 2013''.
SEC. 3. PUBLIC INFORMATION PROGRAM.
Section 118(c)(13) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(13)) is amended--
(1) in the paragraph heading, by inserting ``and
participation'' after ``information'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Administrator, acting
through the Program Office and in coordination with
States, Indian tribes, local governments, and other
entities, shall carry out a public information and
participation program, including by providing grants to
States, Indian tribes, corporations, nongovernmental
organizations, and other appropriate entities, for the
provision to the public of information and outreach
activities relating to the remediation of contaminated
sediment in areas of concern that are located wholly or
partially in the United States.''; and
(3) in subparagraph (B), by striking ``2004 through 2008''
and inserting ``2009 through 2013''.
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.
Section 106(b)(1) of the Great Lakes Legacy Act of 2002 (33 U.S.C.
1271a(b)(1)) is amended by striking ``2004 through 2008'' and inserting
``2009 through 2013''. | Great Lakes Legacy Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to include among activities that the Great Lakes National Program Office is authorized to carry out for the remediation of sediment contamination in areas of concern: (1) demonstration or pilot projects that use innovative approaches, technologies, or techniques for the remediation of sediment contamination; and (2) activities to restore aquatic habitat after remediation. Authorizes the Administrator of the Environmental Protection Agency (EPA) to provide additional consideration to projects that are funded by potentially responsible parties (individuals or entities that may be liable under federal or state environmental remediation laws with respect to a project carried out under such Act) and determined to be of greater environmental significance than competing proposals.
Revises provisions concerning the nonfederal share of the costs of such projects. Authorizes the Administrator, Acting through the Program Office, to enter into agreements with nonfederal sponsors to implement projects under which such sponsors may pay in advance their share of the project costs and receive reimbursement for such costs from the Administrator.
Requires the Administrator to implement a public information and participation program relating to the remediation of contaminated sediment in areas of concern in the United States.
Authorizes appropriations for FY2009-FY2013 for: (1) such remediation; (2) the public information and participation program; and (3) research on the development and use of innovative approaches, technologies, and techniques for such remediation. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to provide for the remediation of sediment contamination in areas of concern."} | 1,461 | 310 | 0.624565 | 1.896291 | 0.949464 | 2.742857 | 4.728571 | 0.878571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sportfishing and Recreational
Boating Safety Amendments Act of 2005''.
TITLE I--CORRECTIONS TO THE SPORTFISHING AND RECREATIONAL BOATING
SAFETY ACT OF 2005
SEC. 101. EFFECTIVE DATE OF AMENDMENTS.
(a) In General.--The Sportfishing and Recreational Boating Safety
Act of 2005 (Public Law 109-59) is amended--
(1) by striking section 10112(b)(2); and
(2) by inserting after section 10101 the following:
``SEC. 10102. EFFECTIVE DATE.
``The amendments made by this subtitle shall take effect October 1,
2005.''.
(b) Temporary Preservation of Existing Law.--Except as provided by
the amendments made by title II of this Act, during the period
beginning on the date of the enactment of the Sportfishing and
Recreational Boating Safety Act of 2005, and ending upon the expiration
of fiscal year 2005, the provisions of law amended by the Sportfishing
and Recreational Boating Safety Act of 2005 (as amended by this Act)
shall be considered to read as such laws read immediately before the
enactment of that Act.
SEC. 102. RECREATIONAL BOATING SAFETY FUNDS.
Section 10143 of the Sportfishing and Recreational Boating Safety
Act of 2005 (Public Law 109-59) is amended--
(1) in paragraph (1) by striking ``under section 10119 of the
Sportfishing and Recreational Boating Safety Act of 2005'' and
inserting ``under section 15 of the Dingell-Johnson Sport Fish
Restoration Act'';
(2) in paragraph (2) by striking ``subsection (a)(2) of section
4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(a)(2))'' and inserting ``subsections (a)(2) and (f) of section
4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(a)(2) and (f))'';
(3) in paragraph (4)--
(A) in subparagraph (B) by inserting a closed parenthesis
after ``(16 U.S.C. 777c(a)(2)''; and
(B) by striking subparagraphs (C) and (D) and inserting the
following:
``(C) by striking `$5,000,000' and inserting `$5,500,000';
and
``(D) by inserting `not less than' before `$2,000,000';
and''; and
(4) in paragraph (5) by striking ``unexpected'' and inserting
``unexpended''.
SEC. 103. EXPENDITURE OF REMAINING BALANCE IN BOAT SAFETY ACCOUNT.
Section 10119 of the Sportfishing and Recreational Boating Safety
Act of 2005 (Public Law 109-59) is amended in the text proposed to be
inserted as section 15 of the Dingell-Johnson Sport Fish Restoration
Act--
(1) in paragraph (2)(A)(v) of such text by striking ``of this
Act'' and inserting ``of that section'';
(2) in paragraphs (1) through (4) of such text by striking
``subsection (b) of that section'' each place it appears in such
text and inserting ``subsection (c) of that section''; and
(3) in paragraph (5)--
(A) in subparagraph (A) by striking ``subsection (b)'' and
inserting ``subsection (a)(2) of that section''; and
(B) in subparagraph (B) by striking ``subsection (h)'' and
inserting ``subsection (c) of that section''.
TITLE II--EXTENSION OF RECREATIONAL BOATING FUNDING THROUGH THE END OF
FISCAL YEAR 2005
SEC. 201. NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM FUNDING.
Section 4(c)(7) of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777c(c)(7)) is amended to read as follows:
``(7) $10,000,000 for fiscal year 2005;''.
SEC. 202. CLEAN VESSEL ACT FUNDING.
Section 4(b)(4) of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777c(b)(4)) is amended--
(1) in the section heading by striking ``First 303 days of
fiscal'' and inserting ``Fiscal'';
(2) by striking ``July 30, 2005'' and inserting ``September 30,
2005'';
(3) by striking ``$68,071,233'' and inserting ``$82,000,000'';
(4) in subparagraph (A), by striking ``$8,301,370'' and
inserting ``$10,000,000''; and
(5) in subparagraph (B), by striking ``$6,641,096'' and
inserting ``$8,000,000''.
SEC. 203. COAST GUARD EXPENSES.
Section 13106(c)(1) of title 46, United States Code, is amended--
(1) by striking ``$4,150,685'' and inserting ``$5,000,000'';
and
(2) by striking ``$1,660,274'' and inserting ``$2,000,000''.
TITLE III--EXTENSION OF AUTHORIZATION FOR USE OF FUNDS IN BOAT SAFETY
ACCOUNT
SEC. 301. EXTENSION OF AUTHORIZATION FOR USE OF FUNDS IN BOAT SAFETY
ACCOUNT FOR OBLIGATIONS BEFORE OCTOBER 1, 2005.
(a) Boat Safety Account.--Subsection (c) of section 9504 of the
Internal Revenue Code of 1986 (relating to expenditures from boat
safety account) is amended--
(1) by striking ``August 15, 2005'' and inserting ``October 1,
2005''; and
(2) by striking ``Surface Transportation Extension Act of 2005,
Part VI'' and inserting ``Sportfishing and Recreational Boating
Safety Amendments Act of 2005''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 302. CORRECTION OF DISTRIBUTION OF OBLIGATION AUTHORITY UNDER
SECTION 1102(C)(4)(A) OF PUBLIC LAW 109-59.
Notwithstanding section 1102(c)(4)(A) of Public Law 109-59; 119
Stat. 1144, et seq., or any other provision of law, for fiscal year
2005, obligation authority for funds made available under title I of
division H of Public Law 108-447; 118 Stat. 3216 for expenses necessary
to discharge the functions of the Secretary of Transportation with
respect to traffic and highway safety under chapter 301 of title 49,
United States Code, and part C of subtitle VI of title 49, United
States Code, shall be made available in an amount equal to the funds
provided therein: Provided, That the additional obligation authority
needed to meet the requirements of this section shall be withdrawn from
the obligation authority previously distributed to the other programs,
projects, and activities funded by the amount deducted under section
117 of title I of division H of Public Law 108-447.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Sportfishing and Recreational Boating Safety Amendments Act of 2005 - Title I: Corrections to the Sportfishing and Recreational Boating Safety Act of 2005 - (Sec. 101) Amends the Sportfishing and Recreational Boating Safety Act of 2005 (SRBA) to make October 1, 2005, the effective date of such Act in its entirety, not just its amendments to the Dingell-Johnson Sport Fish Restoration Act.
Preserves until the end of FY2005, as though unamended, certain provisions of law otherwise amended by SRBA.
(Sec. 102) Increases the authorization of appropriations from the Highway Trust Fund (HTF) to the Secretary of Transportation for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program. Decreases the amount of authorized appropriations available to the Secretary for activities to ensure compliance with safety standards for recreational vessels.
(Sec. 103) Revises requirements for the apportionment of the remaining balance in the Boat Safety Account for FY2006-FY2010.
Title II: Extension of Recreational Boating Funding Through the End of Fiscal Year 2005 - (Sec. 201) Amends the Dingell-Johnson Sport Fish Restoration Act to extend through FY2005 the authorization of appropriations from the HTF for: (1) the national outreach and communications program; and (2) qualified projects under the Clean Vessel Act of 1992.
(Sec. 203) Conforms the authorization of appropriations to the Coast Guard for the national recreational boating safety program with the increase under title I of this Act.
Title III: Extension of Authorization For Use of Funds In Boat Safety Account - (Sec. 301) Amends the Internal Revenue Code to extend through FY2005 the authorization of expenditures from the Boat Safety Account to carry out state recreational boating safety programs.
(Sec. 302) Declares that the obligation authority for funds made available under the Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2005 (the Act) for expenses necessary to discharge the functions of the Secretary of Transportation with respect to traffic and highway safety shall be available in an amount equal to the funds provided. Requires the additional obligation authority needed to meet such requirement to be withdrawn from the obligation authority previously distributed to other surface transportation programs, projects, and activities funded from an amount (of up to 4.1%) deducted from various transportation programs under the Act. | {"src": "billsum_train", "title": "To ensure funding for sportfishing and boating safety programs funded out of the Highway Trust Fund through the end of fiscal year 2005, and for other purposes."} | 1,747 | 543 | 0.625812 | 1.945272 | 0.685446 | 2.931868 | 3.061538 | 0.852747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Community Partner
Relief Act of 2010''.
SEC. 2. MATCHING REQUIREMENTS UNDER SMALL BUSINESS PROGRAMS.
(a) Microloan Program.--Section 7(m) of the Small Business Act (15
U.S.C. 636(m)) is amended--
(1) in paragraph (3)(B)--
(A) by striking ``As a condition'' and inserting
the following:
``(i) In general.--Subject to clause (ii),
as a condition'';
(B) by striking ``the Administration'' and
inserting ``the Administrator''; and
(C) by adding at the end the following:
``(ii) Waiver of non-federal share.--
``(I) In general.--Upon request by
an intermediary, and in accordance with
this clause, the Administrator may
waive, in whole or in part, the
requirement to obtain non-Federal funds
under clause (i) for a fiscal year. The
Administrator may not waive the
requirement for an intermediary to
obtain non-Federal funds under this
clause for more than a total of 2
fiscal years.
``(II) Considerations.--In
determining whether to waive the
requirement to obtain non-Federal funds
under this clause, the Administrator
shall consider--
``(aa) the economic
conditions affecting the
intermediary;
``(bb) the impact a waiver
under this clause would have on
the credibility of the
microloan program under this
subsection;
``(cc) the demonstrated
ability of the intermediary to
raise non-Federal funds; and
``(dd) the performance of
the intermediary.
``(III) Limitation.--The
Administrator may not waive the
requirement to obtain non-Federal funds
under this clause if granting the
waiver would undermine the credibility
of the microloan program under this
subsection.''; and
(2) in paragraph (4)(B)--
(A) by striking ``As a condition'' and all that
follows through ``the Administration shall require''
and inserting the following:
``(i) In general.--Subject to clause (ii),
as a condition of a grant made under
subparagraph (A), the Administrator shall
require''; and
(B) by adding at the end the following:
``(ii) Waiver of non-federal share.--
``(I) In general.--Upon request by
an intermediary, and in accordance with
this clause, the Administrator may
waive, in whole or in part, the
requirement to obtain non-Federal funds
under clause (i) for a fiscal year. The
Administrator may not waive the
requirement for an intermediary to
obtain non-Federal funds under this
clause for more than a total of 2
fiscal years.
``(II) Considerations.--In
determining whether to waive the
requirement to obtain non-Federal funds
under this clause, the Administrator
shall consider--
``(aa) the economic
conditions affecting the
intermediary;
``(bb) the impact a waiver
under this clause would have on
the credibility of the
microloan program under this
subsection;
``(cc) the demonstrated
ability of the intermediary to
raise non-Federal funds; and
``(dd) the performance of
the intermediary.
``(III) Limitation.--The
Administrator may not waive the
requirement to obtain non-Federal funds
under this clause if granting the
waiver would undermine the credibility
of the microloan program under this
subsection.''.
(b) Women's Business Center Program.--Section 29(c) of the Small
Business Act (15 U.S.C. 656(c)) is amended--
(1) in paragraph (1), by striking ``As a condition'' and
inserting ``Subject to paragraph (5), as a condition''; and
(2) by adding at the end the following:
``(5) Waiver of non-federal share relating to technical
assistance and counseling.--
``(A) In general.--Upon request by a recipient
organization, and in accordance with this paragraph,
the Administrator may waive, in whole or in part, the
requirement to obtain non-Federal funds under this
subsection for the technical assistance and counseling
activities of the recipient organization carried out
using financial assistance under this section for a
fiscal year. The Administrator may not waive the
requirement for a recipient organization to obtain non-
Federal funds under this paragraph for more than a
total of 2 fiscal years.
``(B) Considerations.--In determining whether to
waive the requirement to obtain non-Federal funds under
this paragraph, the Administrator shall consider--
``(i) the economic conditions affecting the
recipient organization;
``(ii) the impact a waiver under this
clause would have on the credibility of the
women's business center program under this
section;
``(iii) the demonstrated ability of the
recipient organization to raise non-Federal
funds; and
``(iv) the performance of the recipient
organization.
``(C) Limitation.--The Administrator may not waive
the requirement to obtain non-Federal funds under this
paragraph if granting the waiver would undermine the
credibility of the women's business center program
under this section.''. | Small Business Community Partner Relief Act of 2010 - Amends the Small Business Act relating to the Microloan program (loans to intermediaries to provide small-scale loans to startup, newly-established, and growing small businesses) to authorize the Administrator of the Small Business Administration (SBA), at the request of a loan intermediary, to waive the requirement that the intermediary obtain a percentage of the loan amount in cash or in-kind contributions from non-federal sources. Allows such waiver for up to two years. Provides conditions to be considered by the Administrator in determining whether to exercise such waiver, including economic conditions affecting the intermediary as well as the impact the waiver would have on the program.
Provides an identical waiver, with the same conditions, with respect to: (1) grants made to intermediaries for small business marketing, management, and technical assistance; and (2) the SBA's women's business center program. | {"src": "billsum_train", "title": "A bill to authorize the Administrator of the Small Business Administration to waive the non-Federal share requirement under certain programs."} | 1,238 | 200 | 0.670416 | 1.9164 | 0.846294 | 1.687151 | 6.150838 | 0.77095 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Financial
Services Act''.
SEC. 2. ESTABLISHMENT OF NATIONAL COMMISSION ON FINANCIAL SERVICES.
(a) Establishment.--There is established a commission to be known
as the ``National Commission on Financial Services'' (hereafter in this
section referred to as the ``Commission'').
(b) Membership of the Commission.--
(1) Composition.--The Commission shall be composed of 11
voting members and 6 nonvoting members appointed as follows:
(A) Five voting members and 2 nonvoting members
appointed by the President.
(B) Two voting members and 1 nonvoting member
appointed by the Speaker of the House of
Representatives.
(C) One voting member and 1 nonvoting member
appointed by the Minority Leader of the House of
Representatives.
(D) Two voting members and 1 nonvoting member
appointed by the Majority Leader of the Senate.
(E) One voting member and 1 nonvoting member
appointed by the Minority Leader of the Senate.
(2) Qualifications.--
(A) Voting members.--
(i) In general.--Voting members appointed
pursuant to paragraph (1) shall be appointed
from among individuals who are users of the
financial services system, including
representatives of business, agriculture, and
consumer organizations.
(ii) Prohibition.--No voting member of the
Commission shall be an employee of the Federal
Government or any State government.
(B) Nonvoting members.--Nonvoting members appointed
pursuant to paragraph (1) shall be appointed from among
individuals who are experts in finance or in the
financial services system.
(3) Appointment.--The appointments of the members of the
Commission shall be made not later than March 31, 1994.
(4) Terms.--Members shall be appointed for the life of the
Commission.
(5) Vacancies.--A vacancy in the Commission shall not
affect the powers of the Commission and shall be filled in the
same manner in which the original appointment was made.
(6) Chairperson.--The President shall designate 1 of the
voting members of the Commission to serve as the chairperson of
the Commission (hereafter in this section referred to as the
``Chairperson'').
(7) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(8) Meetings.--The Commission shall meet at the call of the
Chairperson.
(9) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall, after consultation
in accordance with paragraph (3), conduct a thorough study of
all matters relating to the strengths and weaknesses of the
United States financial services system in meeting the needs of
users of the system, including the needs of--
(A) individual consumers and households;
(B) State and local communities;
(C) agriculture;
(D) small-, medium-, and large-sized businesses
(including the need for debt, equity, and other
financial services);
(E) governmental and nonprofit entities; and
(F) exporters and other users of international
financial services.
(2) Matters studied.--The study required under paragraph
(1) shall include consideration of--
(A) the changes underway in the national and
international economies and the financial services
industry, and the impact of such changes on the ability
of the financial services system to efficiently meet
the needs of the United States economy and the users of
the system during the next 10 years and beyond;
(B) the extent to which Federal administrative and
legislative policies--
(i) achieve consumer protection objectives;
(ii) promote competition and prevent
anticompetitive acts and practices or undue
concentration;
(iii) ensure that financial services are
delivered in a nondiscriminatory and cost-
efficient manner; and
(iv) ensure access to the financial
services system for users of the system,
regardless of where such users are located; and
(C) the extent to which Federal administrative and
legislative policies are meeting their objectives in
the most cost-effective and efficient manner possible.
(3) Consultation.--Consultation in accordance with this
paragraph means consultation with--
(A) the Board of Governors of the Federal Reserve
System;
(B) the Director of the Office of Thrift
Supervision;
(C) the Chairperson of the Federal Deposit
Insurance Corporation;
(D) the Comptroller of the Currency;
(E) the Secretary of the Treasury;
(F) the Securities Exchange Commission;
(G) the Commodities Futures Trading Commission;
(H) the Director of the Congressional Budget
Office; and
(I) the Comptroller General of the United States.
(b) Recommendations.--Based on the results of the study conducted
under subsection (a), the Commission shall develop specific
recommendations on how the Federal Government can improve the operation
of the United States financial services system, including whether or
not any changes are needed in the legislative and administrative
policies that impact on--
(1) the ability of the Board of Governors of the Federal
Reserve System to effectively conduct monetary policy;
(2) the ability of the financial services system, or any
part thereof, to respond to the needs of users of the system;
(3) the systematic safety of the financial services system;
(4) the cost to participants in the financial services
system of providing financial services to users of the system;
(5) the competitiveness of the various providers of
financial services;
(6) how funds are allocated to the financial services
system; and
(7) how funds are allocated by the financial services
system to users of the system or to specific categories of
users.
(c) Report.--Not later than January 20, 1995, the Commission shall
submit to the President, the Speaker of the House of Representatives,
and the President pro tempore of the Senate a report describing the
activities of the Commission, including the study conducted under
subsection (a) and any recommendations developed under subsection (b).
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this
section.
(b) Obtaining Official Data.--The Commission may secure directly
from any Federal department or agency such information (other than
information required by any statute of the United States to be kept
confidential by such department or agency) as the Commission considers
necessary to carry out its duties under this section. Upon the request
of the Chairperson, the head of that department or agency shall furnish
such nonconfidential information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts
or donations of services or property.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission 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 such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson may, without regard to the
civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may
be necessary to enable the Commission to perform its duties.
The employment of an executive director shall be subject to
confirmation by the Commission.
(2) Compensation.--The Chairperson may fix the compensation
of the executive director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(d) Detail of Federal Employees.--Upon the request of the
Chairperson, any Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates for
individuals which 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 such title.
(f) Administrative Support Services.--Upon the request of the
Chairperson, 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 section.
SEC. 6. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after the date of submission
of the report required under section 3(c). All records and papers of
the Commission shall thereupon be delivered by the Administrator of
General Services for deposit in the National Archives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended. | National Commission on Financial Services Act - Establishes the National Commission on Financial Services to study and report to the President and the Congress on the strengths and weaknesses of the U.S. financial service system in meeting user needs.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Commission on Financial Services Act"} | 2,247 | 54 | 0.503687 | 1.124525 | 0.333823 | 2.522727 | 48 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bill to Underwrite Increased Lending
to Domestic (BUILD) Manufacturing Act'' or the ``BUILD Manufacturing
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Manufacturing company.--The term ``manufacturing
company'' means a company engaged in the mechanical, physical,
or chemical transformation or production of materials,
substances, or components into new products.
(2) TALF.--The term ``TALF'' means the Term Asset-Backed
Securities Loan Facility established by the Board of Governors
of the Federal Reserve System and announced on March 3, 2009.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Manufacturing is a crucial component of the United
States economy, creating wealth through the value-added
production of quality goods.
(2) Manufacturing employed 13.5 million Americans in 2008.
(3) The manufacturing sector comprises 13.6 percent of the
United States national GDP, totaling $1.6 trillion in value as
of 2007, and generates approximately two-thirds of the Nation's
exports.
(4) Domestic manufacturing is vital to our Nation's
national security, is a source of long-term strategic
advantage, and ensures a reliable and dedicated source of
production for essential materials and goods.
(5) The current economic crisis has had particularly
negative effects on the manufacturing sector, leading to sharp
reductions in employment, output, and factory operating rates.
(6) Continued reductions in the domestic manufacturing
sector would result in increased dependence on foreign
factories, greater job loss, and declines in long-term
competitiveness of the United States economy.
(7) The recovery and expansion of the United States
manufacturing sector is being hampered by an absence of
affordable and available credit, caused by the financial sector
and subprime crisis.
(8) While the United States Treasury has made available
significant financial resources for recovery of the United
States financial sector, lending to commercial and private
entities has not followed suit.
(9) Available and affordable credit will be crucial to the
recovery of the manufacturing sector, enabling renewed capital
and asset purchases, facility expansions, investment in new
product lines, and increased hiring and employment.
SEC. 4. SENSE OF THE CONGRESS ON LENDING TO THE DOMESTIC MANUFACTURING
SECTOR.
It is the sense of the Congress that the President, acting through
the Secretary of the Treasury, should use all available powers to
encourage financial institutions that are in receipt of Federal
financial support to immediately increase lending to the domestic
manufacturing sector.
SEC. 5. MANUFACTURING LOAN GUARANTEE PROGRAM.
(a) Establishment.--
(1) In general.--There is hereby established within the
Department of the Treasury a program to be known as the
``Manufacturing Loan Guarantee Program'' (hereinafter referred
to in this section as the ``Program'').
(2) Head of the program.--The Program shall be headed by
the Administrator of the TALF (hereinafter referred to in this
section as the ``Administrator'').
(b) Loan Guarantee Program.--
(1) Purpose.--The purpose of the Program under this section
is to guarantee loans made to manufacturing companies.
(2) Application.--An insured depository institution (as
such term is defined in section 3(c) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c))) that wishes to make loans
that are guaranteed under the Program may submit an application
to take part in the Program to the Administrator in such form
and manner and containing such information as the Administrator
may require.
(3) Selection criteria.--The Administrator shall approve
any depository institution submitting a full and complete
application under paragraph (2) for participation in the
Program, and shall guarantee loans on a first-come-first-served
basis. Insured depository institutions shall submit all loans
made as part of the Program.
(4) Oversight.--
(A) Loan terms.--Not later than 7 days after a loan
guaranteed under the Program is originated, the insured
depository institution making such loan shall submit
all information about the terms and conditions of such
loan to the Administrator.
(B) Suspension and termination authority.--
Notwithstanding paragraph (3), the Administrator shall,
not less than yearly, review all of the loans made by
each insured depository institution that are guaranteed
under the Program, and may suspend or terminate any
insured depository institution's future participation
in the Program if the Administrator finds that such
institution has engaged in fraud or abuse with respect
to the Program, or has consistently made loans
guaranteed under the Program that are not repaid by the
borrower in accordance with the terms of the loan.
(5) Loan eligibility.--A loan can only be guaranteed under
the Program if at meets the following requirements:
(A) Net worth limitation on loan amount.--The
amount of such loan is less than 1.5 times the gross
net worth of the manufacturing company receiving the
loan.
(B) Use of loan.--Such loan is only used for the
purchase of capital, assets, energy efficiency
upgrades, productivity enhancements, or building
expenses, paying payroll expenses, or paying operating
costs. Such loan is not used to pay down existing debt,
pay outstanding obligations, or to pay for an increase
in salary amounts for executives of the manufacturing
company receiving the loan.
(C) Specific term requirements.--The term of such
loan is no more than--
(i) 30 years, in the case of a loan used to
purchase real estate or to pay for building
expenses;
(ii) the lesser of 15 years or the useful
life of the machinery or equipment, in the case
of a loan used to purchase machinery or
equipment; and
(iii) 5 years, in the case of any other
loan.
(D) Interest rates.--Notwithstanding the provisions
of the constitution of any State or the laws of any
State limiting the rate or amount of interest which may
be charged, taken, received, or reserved, the maximum
legal rate of interest on such loan shall not
substantively differ from the current average market
yield on outstanding marketable obligations of similar
privately held loans with remaining periods to maturity
comparable to such loan.
(6) Multiple guarantees permitted; aggregate dollar amount
limitation.--A single manufacturing company is permitted to
have more than one loan guaranteed under this section, but the
aggregate amount of all such loans guaranteed for a single
manufacturing company may be no more than $50,000,000. The
Administrator shall have the discretion to raise such limit
from $50,000,000 to $75,000,000 for a particular manufacturing
company if the Administrator determines doing so will advance
the purpose of this section.
(7) Government guarantee.--
(A) Level of participation.--Loans guaranteed under
the Program shall be guaranteed in the following
percentages:
(i) for loans under $10,000,000, 70
percent;
(ii) for loans between $10,000,000 and
$30,000,000, 65 percent; and
(iii) for loans over $30,000,000, 60
percent.
(B) Percentage adjustments.--
(i) In general.--The Administrator shall
have the power to adjust loan guarantee
percentages for loans guaranteed under the
Program in order to maximize lending and
minimize default rates of participating
manufacturers. Any such adjustments must
further the goals of the Program.
(ii) Timing of adjustments.--Adjustments
under clause (i) may not be made before the
date that is 3 months after the date of the
enactment of this Act, and may not be made more
often than every 3 months.
(iii) Equal adjustments required.--
Adjustments under clause (i) must adjust each
percentage under subparagraphs (A)(i), (A)(ii),
and (A)(iii) by the same amount.
(iv) Minimum levels.--In making an
adjustment under clause (i), the Administrator
shall seek to ensure that such adjustment will
result in the maintained interest of insured
depository institutions in participating in the
Program.
(C) Payment of accrued interest.--
(i) In general.--Any insured depository
institution making a claim for payment on the
guaranteed portion of a loan guaranteed under
the Program shall be paid the accrued interest
due on the loan from the earliest date of
default to the date of payment of the claim at
a rate not to exceed the rate of interest on
the loan on the date of default, minus one
percent.
(ii) Loans sold on secondary market.--If a
loan described in clause (i) is sold on the
secondary market, the amount of interest paid
to an insured depository institution described
in that clause from the earliest date of
default to the date of payment of the claim
shall be no more than the agreed upon rate,
minus one percent.
(8) Regulations.--The Administrator shall promulgate any
regulations needed to carry out this section.
(9) Funding.--
(A) In general.--$20,000,000,000 of the funds made
available to the TALF, or any successor entity, shall
be used to carry out the Program, of which
$10,000,000,000 shall be used to guarantee loans made
to manufacturing companies employing less then 500
individuals.
(B) Administrative costs.--Of the amount described
in paragraph (A), not more than $1,000,000 per year may
be used to pay for salaries and other administrative
fees associated with carrying out the Program.
(c) Sense of the Congress on Small Business Participation.--It is
the sense of the Congress that the Administrator should encourage
insured depository institutions taking part in the Program to focus on
lending to small- and medium-sized manufacturers.
(d) Reports Required.--
(1) Administrator reports.--Not later than 180 days after
the date of the enactment of this Act, and yearly thereafter,
the Administrator shall submit a report to the Congress, and
make such report available on a website, detailing all loans
guaranteed under the Program, the effect of such guarantees on
the manufacturing industry of the United States, and the
overall effectiveness of the Program.
(2) GAO reports.--Notwithstanding section 714(b) of title
31, United States Code, not later than 1 year after the date of
the enactment of this Act, and yearly thereafter through the
end of 2011, the Comptroller General of the United States shall
transmit a report to the Congress detailing--
(A) the implementation of this section;
(B) any waste, fraud, abuse, or mismanagement of
funds discovered in the implementation of this section;
(C) any insured depository institution that appears
to have repeatedly made loans guaranteed under the
Program for which the borrowers on such loans were not
able to make timely payments as required by the loan
terms;
(D) recommendations to improve the implementation
of this section;
(E) the impact of the provisions of this section on
the economy of the United States, specifically focusing
on the manufacturing sector; and
(F) adjustments to the loan guarantee percentages
and their impact on domestic lending to the United
States manufacturing industry. | Bill to Underwrite Increased Lending to Domestic (BUILD) Manufacturing Act or BUILD Manufacturing Act - Expresses the sense of Congress that the President should use all available powers to encourage financial institutions that are in receipt of federal financial support to immediately increase lending to the domestic manufacturing sector.
Establishes within the Treasury the Manufacturing Loan Guarantee Program, headed by the Administrator of the Term Asset-Backed Securities Loan Facility (established by the Board of Governors of the Federal Reserve System), to guarantee loans made by depository institutions to U.S. manufacturing companies. Prohibits any such loan from equaling or exceeding 1.5 times the gross net worth of the company receiving the loan. Allows a company to have more than one guaranteed loan, within aggregate dollar limits.
Authorizes the Administrator to adjust Program loan guarantee percentages in order to maximize lending and to minimize default rates of participating manufacturers.
Expresses the sense of Congress that the Administrator should encourage participating depository institutions to focus on lending to small- and medium-sized manufacturers. | {"src": "billsum_train", "title": "To create a program to guarantee loans made to manufacturing companies in order to promote increased domestic lending to the United States manufacturing industry."} | 2,368 | 218 | 0.470489 | 1.475718 | 0.771939 | 4.238095 | 11.931217 | 0.94709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consortia-Led Energy and Advanced
Manufacturing Networks Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Clean technology.--The term ``clean technology'' means
a technology, production process, or methodology that--
(A) produces energy from solar, wind, geothermal,
biomass, tidal, wave, ocean, or another renewable
energy source (as defined in section 609 of the Public
Utility Regulatory Policies Act of 1978 (7 U.S.C.
918c));
(B) more efficiently transmits, distributes, or
stores energy;
(C) enhances energy efficiency for buildings and
industry, including combined heat and power;
(D) enables the development of a Smart Grid (as
described in section 1301 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17381)), including
integration of renewable energy sources and distributed
generation, demand response, demand side management,
and systems analysis;
(E) produces an advanced or sustainable material
with energy or energy efficiency applications;
(F) improves energy efficiency for transportation,
including electric vehicles; or
(G) enhances water security through improved water
management, conservation, distribution, or end use
applications.
(2) Advanced manufacturing.--The term ``advanced
manufacturing''--
(A) means a manufacturing process that makes
extensive use of computer, high precision, or
information technologies integrated with a high
performance workforce in a production system capable of
furnishing a heterogeneous mix of products in small or
large volumes with either the efficiency of mass
production or the flexibility of custom manufacturing
in order to respond quickly to customer demands; and
(B) includes both new ways to manufacture existing
products and the manufacture of new products emerging
from new advanced technologies.
(3) Cluster.--The term ``cluster'' means a network of
entities directly involved in the research, development,
finance, and commercial application of clean technologies and
advanced manufacturing whose geographic proximity facilitates
the use and sharing of skilled human resources, infrastructure,
research facilities, educational and training institutions,
venture capital, and input suppliers.
(4) Consortium.--The term ``consortium'' means a clean
technology consortium established in accordance with this Act.
(5) Project.--The term ``project'' means an activity with
respect to which a consortium provides support under this Act.
(6) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education that has
entered into a partnership agreement with a private-
sector entity;
(B) a Federal or State entity with a focus on
developing clean technologies or clusters, as
determined by the Secretary;
(C) a nongovernmental organization with expertise
in translational research, clean technology, or cluster
development; or
(D) any other entity determined appropriate by the
Secretary.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(8) Translational research.--The term ``translational
research'' means the coordination of basic or applied research
with technical applications to enable promising discoveries or
inventions to achieve commercial application.
SEC. 3. ESTABLISHMENT OF CLEAN TECHNOLOGY CONSORTIA PROGRAM.
(a) In General.--The Secretary shall establish and carry out a
program to establish clean technology consortia to enhance the
economic, environmental, and energy security of the United States by
promoting domestic development, manufacture, and deployment of clean,
state-of-the-art technologies.
(b) Program.--The Secretary shall carry out the program established
under subsection (a) by leveraging the expertise and resources of
private research communities, institutions of higher education,
industry, venture capital, National Laboratories (as defined in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), and other
participants in technology innovation--
(1) to support collaborative, cross-disciplinary research
and development in clean technologies and advanced
manufacturing; and
(2) to develop and accelerate the commercial application of
innovative clean technologies and advanced manufacturing
practices.
(c) Role of the Secretary.--The Secretary shall--
(1) carry out and oversee all aspects of the program
established under subsection (a);
(2) select recipients of grants for the establishment and
operation of consortia through a competitive selection process;
and
(3) coordinate the innovation activities of consortia with
activities carried out by the Secretary of Energy, the
Secretary of Defense, other Federal agency heads, industry, and
institutions of higher education, including by annually--
(A) issuing guidance regarding national clean
technology and advanced manufacturing development
priorities and strategic objectives; and
(B) convening a conference relating to clean
technology and advanced manufacturing, which shall
bring together representatives of Federal agencies,
industry, institutions of higher education, and other
entities to share research and commercialization
results, program plans, and opportunities for
collaboration.
(d) Purposes of Consortia.--The purposes of the consortia shall
include--
(1) promoting new innovative clean technologies that have
demonstrated interest and potential for commercialization;
(2) expanding advanced manufacturing capabilities,
networks, supply chains, and assets, in the area of clean
technologies, that contribute to regional and national
manufacturing competitiveness and potential for growth;
(3) promoting job creation and entrepreneurship through the
establishment of new companies, the expansion of existing
companies, and commercialization of clean technologies;
(4) providing technical or financial assistance to
companies looking to invest in clean technologies, new products
or services, or enhanced processes that will grow sales and
jobs;
(5) determining opportunities and challenges that companies
are facing and how to improve their use or production of clean
technologies;
(6) assisting individual small- and medium-sized
enterprises with adopting and utilizing new clean technologies
and related business and advanced manufacturing practices;
(7) accelerating investment in and deployment of clean
technologies through public-private partnerships;
(8) encouraging partnering between and among emerging and
established clean technology and advanced manufacturing
enterprises; or
(9) demonstrating a comprehensive and successful model for
commercialization of clean technologies for promotion and
emulation.
SEC. 4. APPLICATIONS.
(a) In General.--To receive a grant under this Act, a consortium
shall submit to the Secretary an application in such manner, at such
time, and containing such information as the Secretary determines to be
necessary.
(b) Eligibility.--A consortium shall be eligible to receive a grant
under this Act if--
(1) the consortium consists of--
(A) one or more research universities that can
demonstrate a significant annual clean technology
research budget, entrepreneurial support programs, and
technology licensing expertise; and
(B) a total of three or more qualifying entities
that can demonstrate expertise in translational
research, clean technology, and cluster development;
(2) the members of the consortium have established a
binding agreement that documents--
(A) the structure of the partnership agreement;
(B) a governance and management structure that
enables cost-effective implementation of the program;
(C) a conflicts-of-interest policy, including
procedures, consistent with those of the Department of
Commerce, to ensure that employees and designees for
consortium activities who are in decisionmaking
capacities disclose all material conflicts of interest,
including financial, organizational, and personal
conflicts of interest;
(D) an accounting structure that meets the
requirements of the Secretary and that may be audited
under this Act; and
(E) the existence of an external advisory
committee;
(3) the consortium receives funding from non-Federal
sources, such as a State and participants of the consortium,
that may be used to support projects;
(4) the consortium is part of an existing cluster or
demonstrates high potential to develop a new cluster; and
(5) the consortium operates as a nonprofit organization or
as a public-private partnership under an operating agreement
led by a nonprofit organization.
(c) Disqualification.--The Secretary may disqualify an application
from a consortium under this Act if the Secretary determines that the
conflicts-of-interest policy of the consortium is inadequate.
(d) External Advisory Committees.--
(1) In general.--To be eligible to receive a grant under
this Act, a consortium shall establish an external advisory
committee, the members of which shall have extensive and
relevant scientific, technical, industry, financial, or
research management expertise.
(2) Duties.--An external advisory committee shall--
(A) review the proposed plans, programs, project
selection criteria, and projects of the consortium; and
(B) ensure that projects selected by the consortium
meet the applicable conflicts-of-interest policy of the
consortium.
(3) Members.--An external advisory committee shall consist
of--
(A) representatives of the members of the
consortium; and
(B) such representatives of industry, including
entrepreneurs and venture capitalists, as the members
of the consortium determine to be necessary.
(4) Secretary as member.--The Secretary shall join the
external advisory committee of a consortium that receives a
grant under this Act.
SEC. 5. GRANTS.
(a) In General.--The Secretary shall award grants, on a competitive
basis--
(1) not later than 2 years after the date of enactment of
this Act, to at least 1 consortium; and
(2) not later than 10 years after such date of enactment,
to not fewer than 6 consortia.
(b) Terms.--
(1) In general.--The initial term of a grant awarded under
this Act shall not exceed 5 years.
(2) Extension.--The Secretary may extend the term of a
grant awarded under this Act for a period of not more than 5
additional years.
(c) Amounts.--
(1) In general.--A grant awarded to a consortium under this
Act shall not exceed the lesser of--
(A) $30,000,000 per fiscal year; or
(B) the collective contributions of non-Federal
entities to the consortium, as described under section
4(b)(3).
(2) Flexibility.--In determining the amount of a grant
under this section, the Secretary shall consider--
(A) the translational research capacity of the
consortium;
(B) the financial, human, and facility resources of
the qualifying entities; and
(C) the cluster of which the consortium is a part.
(3) Increases in amounts.--Subject to paragraph (1), a
consortium may request an increase in the amount of a grant
awarded under this Act at the time the consortium requests an
extension of an initial grant.
(d) Use of Amounts.--
(1) In general.--Subject to paragraph (3), a consortium
awarded a grant under this Act shall use the amounts to support
translational research, technology development, manufacturing
innovation, and commercialization activities relating to clean
technology.
(2) Project selection.--As a condition of receiving a grant
under this Act, a consortium shall--
(A) develop and make available to the public on the
Web site of the Department of Commerce proposed plans,
programs, project selection criteria, and terms for
individual project awards;
(B) establish policies--
(i) to prevent resources provided to the
consortium from being used to displace private
sector investment otherwise likely to occur,
including investment from private sector
entities that are members of the consortium;
(ii) to facilitate the participation of
private entities that invest in clean
technologies to perform due diligence on award
proposals, to participate in the award review
process, and to provide guidance to projects
supported by the consortium; and
(iii) to facilitate the participation of
parties with a demonstrated history of
commercial application of clean technologies in
the development of consortium projects;
(C) oversee project solicitations, review proposed
projects, and select projects for awards; and
(D) monitor project implementation.
(3) Limitations.--
(A) Administrative expenses.--A consortium may use
not more than 10 percent of the amounts awarded to the
consortium for administrative expenses.
(B) Prohibition on use.--A consortium may not use
any amounts awarded to the consortium under this Act to
construct a new building or facility.
(e) Audits.--
(1) In general.--A consortium that receives a grant under
this Act shall carry out, in accordance with such requirements
as the Secretary may prescribe, an annual audit to determine
whether the grant has been used in accordance with this Act.
(2) Report.--The consortium shall submit a copy of each
audit under paragraph (1) to the Secretary and the Comptroller
General of the United States.
(3) GAO review.--As a condition of receiving a grant under
this Act, a consortium shall allow the Comptroller General of
the United States, on the request of the Comptroller General,
full access to the books, records, and personnel of consortium.
(4) Reports to congress.--The Secretary shall submit to
Congress annually a report that includes--
(A) a copy of each audit carried out under
paragraph (1); and
(B) any recommendations of the Secretary relating
to the clean technology consortia program.
(f) Revocation of Awards.--The Secretary shall have the authority--
(1) to review grants awarded under this Act; and
(2) to revoke a grant awarded under this Act if the
Secretary determines that a consortium has used the grant in a
manner that is not consistent with this Act.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $100,000,000. | Consortia-Led Energy and Advanced Manufacturing Networks Act This bill requires the Department of Commerce to carry out a grant program for establishing consortia to enhance U.S. economic, environmental, and energy security by promoting domestic research and commercial application of clean technologies and advanced manufacturing processes. Clean technology means technologies, production processes, or methodologies that: produce energy from renewable energy sources; transmit, distribute, or store energy more efficiently; enhance energy efficiency for buildings and industry; enable the development of a Smart Grid (an evolving electric power network that utilizes new information technology systems, including those that enable customers to reduce or shift their power use during peak demand periods); produce an advanced or sustainable material with energy or energy efficiency applications; improve energy efficiency for transportation; or enhance water security through improved water management, conservation, distribution, or end use applications. | {"src": "billsum_train", "title": "Consortia-Led Energy and Advanced Manufacturing Networks Act"} | 2,917 | 178 | 0.615631 | 1.746639 | 0.881451 | 3.183432 | 16.502959 | 0.852071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Diagnostic Innovations Act
of 2012''.
SEC. 2. CREATING INCENTIVES FOR INNOVATIVE DIAGNOSTICS.
(a) Improvements to Process for Determining Fee Schedule Amounts
for New Tests.--
(1) Clarifying factors for rate-setting.--
(A) In general.--In determining the payment amount
under gapfilling procedures (as described in section
414.508(b) of title 42, Code of Federal Regulations, or
any successor regulation to such section) for new
clinical diagnostic laboratory tests under section
1833(h)(8) of the Social Security Act (42 U.S.C.
1395l(h)(8)), the Secretary of Health and Human
Services (in this section referred to as the
``Secretary'') shall take into account, as applicable
and available, the following factors with respect to
such a new test:
(i) Impact on patient care.--The impact of
the new test on patient care, patient
management, or patient treatment.
(ii) Technical characteristics.--The
technical characteristics of the new test, and
the resources required to develop, validate,
and perform the new test.
(iii) Claims data.--Data from claims for
which payment is made under part B of title
XVIII of the Social Security Act.
(iv) Laboratory charges.--Amounts charged
by laboratories to self-pay patients for the
new test.
(v) Private insurance rates.--Amounts paid
to laboratories for such new test under private
health insurance coverage offered in the group
market and the individual market.
(vi) Advisory panel recommendations.--The
findings and recommendations of the independent
advisory panel convened under paragraph (2)
with respect to that new test and any comments
received during the open meeting of the
advisory panel.
(vii) Additional factors.--Such other
factors as the Secretary may specify.
(2) Input from patients, clinicians, and technical
experts.--
(A) Requirement for independent advisory panel.--
The Secretary shall convene an independent advisory
panel from which the Secretary shall request
information and recommendations regarding any new test
(as referred to under subparagraph (A) of section
1833(h)(8) of the Social Security Act (42 U.S.C.
1395l(h)(8))) for which payment is made under such
section, including technical, clinical, and quality
information.
(B) Composition of independent advisory panel.--The
independent advisory panel shall be comprised of 19
members, including--
(i) 4 individuals with expertise and
experience with advanced clinical diagnostic
laboratory tests, including expertise in the
technical characteristics of the new test;
(ii) 3 representatives of patients,
including a patient representative for rare
disorders;
(iii) 3 clinicians who use results of the
new test in patient care;
(iv) 3 individuals with expertise in the
requirements to develop, validate, and perform
the new test;
(v) 2 laboratorians;
(vi) 2 experts in the area of
pharmacoeconomics or health technology
assessment; and
(vii) 2 individuals with expertise on the
impact of new tests on quality of patient care,
including genetic counselors.
(C) Terms.--A member of the panel shall be
appointed to serve a term of 6 years, except with
respect to the members first appointed, whose terms of
appointment shall be staggered evenly over 2-year
increments.
(D) Expert consultants.--The Secretary may include
to serve temporarily on the panel individuals who have
expertise pertaining to the new test involved.
(E) Open meetings.--The Secretary shall receive or
review the findings and recommendations of the
independent advisory panel with respect to the new
tests described in subparagraph (A) involved during a
meeting open to the public and provide opportunity for
public comment.
(F) Clarification of authority of secretary to
consult carriers.--Nothing in this section shall be
construed as affecting the authority of the Secretary
to consult with appropriate Medicare administrative
contractors.
(b) Process for Assignment of Temporary Codes for Diagnostic
Tests.--The Secretary shall establish a process for application for the
assignment of a temporary national HCPCS code to uniquely identify a
diagnostic test until a permanent national HCPCS code is available for
assignment to that test. Assignments of a temporary national HCPCS code
shall occur on a quarterly basis. The Secretary shall provide public
notice through the Centers for Medicare & Medicaid Services Web site of
applications made for such temporary national HCPCS codes. Upon
assignment of a temporary code under this process, the Secretary shall
treat such test as a new test for purposes of section 1833(h)(8) of the
Social Security Act.
(c) Development of Further Improvements in Rate-Setting
Processes.--The Secretary shall analyze the process used for the
gapfilling procedure used in determining payment amounts for new
clinical diagnostic laboratory tests under section 1833(h)(8) of the
Social Security Act. Taking into account the changes made by this
section, the Secretary shall identify further changes to improve the
accuracy and appropriateness of resulting rates and the openness,
transparency, and predictability of the process. The Secretary shall
examine what and how many entities should perform gapfilling, under
contract or otherwise, and how to ensure that the process is informed
by appropriate expertise and proceeds in a transparent and accountable
manner. The Secretary shall implement improvements in the process,
insofar as these are possible under the law through regulations, after
public notice and opportunity for comment. For changes the Secretary
determines would require a change in law, the Secretary shall transmit
recommendations to the Speaker of the House and the President of the
Senate not later than July 1, 2013.
(d) Definitions.--For purposes of this section:
(1) New clinical diagnostic laboratory tests.--The term
``new clinical diagnostic laboratory test'' means a clinical
diagnostic laboratory test--
(A) that is assigned a new or substantially revised
code on or after January 1, 2013; or
(B) for which an application for a temporary
national HCPCS code is made under subsection (b) on or
after January 1, 2013.
(2) Self-pay patient.--The term ``self-pay patient'' means,
with respect to a health care item or service, an individual
who pays out of pocket for such item or service and who does
not have health insurance coverage for such item or service.
(e) Effective Date.--This section shall take effect on the date of
enactment of this Act, and shall apply with respect to new clinical
diagnostic laboratory tests. | Improving Diagnostic Innovations Act of 2012 - Sets forth additional factors for the Secretary of Health and Human Services (HHS) to consider in determining the payment amount for new clinical diagnostic laboratory tests under gap filling procedures which are used when no comparable existing test is available.
Directs the Secretary to convene an independent advisory panel to inform and make recommendations to the Secretary regarding any new test.
Directs the Secretary to: (1) establish a process for application for the assignment of a temporary national HCPCS (Healthcare Common Procedure Coding System) code to uniquely identify a diagnostic test until a permanent national HCPCS code is available for assignment to that test, (2) analyze the process used for the gapfilling procedures used in determining payment amounts for new clinical diagnostic laboratory tests, and (3) implement improvements in the process after public notice and opportunity for comment. | {"src": "billsum_train", "title": "To create incentive for innovative diagnostics by improving the process for determining Medicare payment rates for new tests."} | 1,436 | 179 | 0.584152 | 1.688543 | 0.81808 | 3.920245 | 8.01227 | 0.889571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Mandate and Remedy
Clarification Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a variety of effective and appropriate judicial
remedies are available under existing law for the full redress
of legal and constitutional violations, and the imposition,
increase, levying, or assessment by the courts of taxes, or the
courts' requiring the implementation of additional spending, is
neither necessary nor appropriate for the full and effective
exercise of remedies imposed by Federal courts with appropriate
jurisdiction;
(2) the imposition, increase, levying, or assessment of
taxes by judicial order--
(A) is not an appropriate exercise of the judicial
power under the Constitution; and
(B) is incompatible with--
(i) the traditional principles of the laws
and Government of the United States; and
(ii) the basic American principle that
taxation without representation is tyranny
(because Federal courts are not elected
officials and therefore are not answerable to
the popular will);
(3) when a Federal court issues an order that requires or
results in the imposition, increase, levying, or assessment of
any tax, or requires additional spending, the court--
(A) exceeds the proper boundaries of the limited
jurisdiction and authority of Federal courts under the
Constitution; and
(B) intrudes on the legislative and political
functions of a republican form of government, as
guaranteed to every State of the Union under section 4
of article IV of the United States Constitution;
(4) no court should enter an order or approve any
settlement--
(A) remedying a legal or constitutional violation,
by imposing, creating, increasing, levying, or
assessing any tax; or
(B) that has the effect of imposing, creating,
increasing, levying, or assessing any tax;
(5) a settlement agreement or order entered by a Federal
court should be fashioned within the framework of the budgetary
restraints of any affected State or political subdivision
thereof;
(6) the Congress retains the authority under sections 1 and
2 of article III of the United States Constitution to limit and
regulate the jurisdiction of the inferior Federal courts, and
such authority includes the power to limit the remedial
authority of such courts;
(7) notwithstanding paragraphs (1) through (6), the
Congress acknowledges that in certain circumstances the Federal
courts have abrogated constitutional authority with regard to
judicially mandating a tax, levy, assessment, or additional
spending measure in order to achieve a remedy, and--
(A) any such tax, levy, or assessment shall not be
sustained; and
(B) in the case of any such spending measure the
mandate must be overturned unless specific requirements
are met;
(8) remedial injunctions formulated by the Federal courts,
that require state or local government institutions to make
improvements in the services they provide (otherwise known as
``structural injunctions''), in order to address a
constitutional violation breach the principles of the
separation of powers among the 3 branches of the Federal
Government by circumventing the democratic decisionmaking
process;
(9) the Constitution does not permit the Federal courts to
exercise their remedial powers to engage in the structural
reform of local institutions and local governments;
(10) for a court-ordered remedy to be effective, it
necessarily requires political and public support;
(11) if courts inject themselves into the political arena,
they risk undermining their impartiality;
(12) the Federal Government's duty to remedy a
constitutional violation does not permit the Federal judiciary
to exceed its authority;
(13) as taxing is an independent power granted to the
Congress by the Constitution, spending is not an independent
power, but a qualification of that taxing power; and
(14) appropriating public money in response to a judicial
order that provides a remedy to a constitutional violation is a
political function and should be determined by elected
officials.
SEC. 3. LIMITATION ON FEDERAL COURT REMEDIES.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1369. Limitation on Federal court remedies
``(a) Limitation on Court-Imposed Taxes.--No district court may
enter any order or approve any settlement that requires any State, or
political subdivision of a State, to impose, increase, levy, or assess
any tax for the purpose of enforcing any Federal or State common law,
statutory, or constitutional right or law, or has the effect of
imposing, increasing, levying, or assessing any such tax.
``(b) Limitation on Court-Imposed Spending.--(1) No district court
may enter any order or approve any settlement that requires any State,
or political subdivision of a State, to implement a spending measure
for the purpose of enforcing any Federal or State common law,
statutory, or constitutional right or law, unless the court finds by
clear and convincing evidence, that--
``(A)(i) there are no other means available to remedy the
violation of rights or laws; and
``(ii) the proposed spending measure is narrowly tailored
to remedy the violation at issue;
``(B) the spending measure will not contribute to or
exacerbate the violation intended to be remedied;
``(C) the proposed spending measure will not result in a
loss of revenue for the political subdivision in which the
spending measure is to be implemented;
``(D) the proposed spending measure will not result in the
loss or depreciation of property values of the taxpayers who
are affected;
``(E) the proposed spending measure will not conflict with
the applicable laws of the State or political subdivisions
concerned; and
``(F) plans submitted by State and local authorities will
not effectively redress the violation at issue.
``(2) A finding under paragraph (1) shall be subject to immediate
interlocutory de novo review.
``(3)(A) Notwithstanding any law or rule of procedure, any
aggrieved corporation, unincorporated association, or other person
residing or present in the State or political subdivision in which a
spending measure is implemented in accordance with paragraph (1), and
any other entity located within that State or political subdivision,
shall have the right to intervene in any proceeding concerning the
implementation of the spending measure.
``(B) A person or entity that intervenes pursuant to subparagraph
(A) shall have the right to--
``(i) present evidence and appear before the court to
present oral and written testimony; and
``(ii) appeal any finding required to be made by this
section, or any other related action taken to impose a spending
measure that is the subject of the intervention.
``(4) For purposes of this section, the term `spending measure'
means a law or other measure requiring the expenditure of funds for a
particular purpose in addition to funds already available for that
purpose.
``(c) Termination of Orders and Settlements.--Notwithstanding any
law or rule of procedure, any order described in subsection (b)(1) that
is entered by a district court, and any settlement described in
subsection (b)(1) that is approved by a district court, shall
automatically terminate on the date that is 1 year after the later of--
``(1) the date on which the spending measure imposed by
court order is first implemented;
``(2) the date of the enactment of this section; or
``(3) an earlier date, if the court determines that the
violation of rights or laws has been cured to the extent
practicable.
Any new such order or settlement relating to the same issue is subject
to all the requirements of this section.
``(d) State Preemption.--This section shall not be construed to
preempt any law of a State or political subdivision thereof that
imposes limitations on, or otherwise restricts the imposition or
implementation of, a tax, levy, assessment, or appropriation that is
imposed or implemented in response to a court order or settlement
described in subsection (b)(1).
``(e) Notice to States and Political Subdivisions.--The court shall
provide written notice to a State or political subdivision thereof
subject to an order or settlement referred to in subsection (b)(1) with
respect to any finding required to be made by the court under that
subsection. Such notice shall be provided before the beginning of the
next fiscal year of that State or political subdivision occurring after
the order is issued or settlement approved.
``(f) Presumption.--There shall be a presumption that a spending
measure required by a Federal court is not a narrowly tailored means of
remedying violations of Federal or State rights or laws.
``(g) Technical Clarification.--For purposes of this section--
``(1) the District of Columbia shall be considered to be a
State; and
``(2) any Act of Congress applicable exclusively to the
District of Columbia shall be considered to be a statute of the
District of Columbia.
``(h) Effect of Supreme Court Decision.--Should the Supreme Court
find that the imposition of a tax, levy, or assessment by, or a
spending measure required by, a Federal judge is illegal or
unconstitutional, nothing contained in this section shall be construed
to otherwise make legal, validate, or approve of such a tax, levy,
assessment, or spending measure.''.
(b) Conforming Amendment.--The table of contents for chapter 85 of
title 28, United States Code, is amended by adding after the item
relating to section 1368 the following new item:
``1369. Limitation on Federal court remedies.''.
(c) Statutory Construction.--Nothing contained in this Act or the
amendments made by this Act shall be construed to make legal, validate,
or approve the imposition of a tax, levy, or assessment by a Federal
court or a spending measure required by a Federal court.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to any action or other proceeding in any Federal court that is
pending on, or commenced on or after, the date of the enactment of this
Act, and the 1-year limitation set forth in subsection (b) of section
1369 of title 28, United States Code, as added by section 3 of this
Act, shall apply to any court order described in subsection (b)(1) of
such section, that is in effect on the date of the enactment of this
Act. | Judicial Mandate and Remedy Clarification Act - Amends the Federal judicial code to prohibit any district court from entering any order or approving any settlement that: (1) requires a State or political subdivision to impose, increase, levy, or assess a tax; or (2) has the effect of imposing, increasing, levying, or assessing any tax.
Permits a district court to issue an order or approve a settlement that requires a State or political subdivision to implement a spending measure for the purpose of enforcing any Federal or State common law or statutory or constitutional right or law only if the court finds that specified conditions exist, including that: (1) there are no other means available to remedy the violation; (2) the spending measure is narrowly tailored to remedy the violation; and (3) plans submitted by State and local authorities will not effectively redress the violation.
Sets forth provisions regarding: (1) judicial review of the court's findings; (2) a right of certain aggrieved persons, corporations, or unincorporated associations to intervene in proceedings concerning implementation of a spending measure; and (3) termination of any such order or settlement after one year or earlier if the court determines that the violation of rights has been cured to the extent practicable. | {"src": "billsum_train", "title": "Judicial Mandate and Remedy Clarification Act"} | 2,334 | 279 | 0.628393 | 2.037668 | 0.876887 | 3.951613 | 8.83871 | 0.91129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wet Weather Water Quality Act of
2000''.
SEC. 2. COMBINED SEWER OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(q) Combined Sewer Overflows.--
``(1) Requirement for permits, orders, and decrees.--Each
permit, order, or decree issued pursuant to this Act after the
date of enactment of this subsection for a discharge from a
municipal combined storm and sanitary sewer shall conform to
the Combined Sewer Overflow Control Policy signed by the
Administrator on April 11, 1994 (in this subsection referred to
as the `CSO control policy'), and shall provide for the
development and implementation of long-term control plans to
meet applicable water quality standards as expeditiously as
possible.
``(2) Water quality and designated use review guidance.--
Not later than December 31, 2000, and after providing notice
and opportunity for public comment, the Administrator shall
issue guidance to facilitate the conduct of water quality and
designated use reviews for municipal combined sewer overflow
receiving waters.
``(3) Report.--Not later than September 1, 2001, the
Administrator shall transmit to Congress a report on the
progress made by the Environmental Protection Agency, States,
and municipalities in implementing and enforcing the CSO
control policy.''.
SEC. 3. WET WEATHER PILOT PROGRAM.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS.
``(a) In General.--The Administrator, in coordination with the
States, may provide technical assistance and grants for treatment works
to carry out pilot projects relating to the following areas of wet
weather discharge control:
``(1) Watershed management of wet weather discharges.--The
management of municipal combined sewer overflows, sanitary
sewer overflows, and stormwater discharges, on an integrated
watershed or subwatershed basis for the purpose of
demonstrating the effectiveness of a unified wet weather
approach.
``(2) Stormwater best management practices.--The control of
pollutants from municipal separate storm sewer systems for the
purpose of demonstrating and determining controls that are
cost-effective and that use innovative technologies in reducing
such pollutants from stormwater discharges.
``(b) Administration.--The Administrator, in coordination with the
States, shall provide municipalities participating in a pilot project
under this section the ability to engage in innovative practices,
including the ability to unify separate wet weather control efforts
under a single permit.
``(c) Funding.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $10,000,000 for fiscal year 2002,
$15,000,000 for fiscal year 2003, and $20,000,000 for fiscal
year 2004. Such funds shall remain available until expended.
``(2) Stormwater.--The Administrator shall make available
not less than 20 percent of amounts appropriated for a fiscal
year pursuant to this subsection to carry out the purposes of
subsection (a)(2).
``(3) Administrative expenses.--The Administrator may
retain not to exceed 4 percent of any amounts appropriated for
a fiscal year pursuant to this subsection for the reasonable
and necessary costs of administering this section.
``(d) Report to Congress.--Not later than 5 years after the date of
enactment of this section, the Administrator shall transmit to Congress
a report on the results of the pilot projects conducted under this
section and their possible application nationwide.''.
SEC. 4. SEWER OVERFLOW CONTROL GRANTS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1342
et seq.) is amended by adding at the end the following:
``SEC. 220. SEWER OVERFLOW CONTROL GRANTS.
``(a) In General.--In any fiscal year in which the Administrator
has available for obligation at least $1,200,000,000 for the purposes
of section 601--
``(1) the Administrator may make grants to States for the
purpose of providing grants to a municipality or municipal
entity for planning, design, and construction of treatment
works to intercept, transport, control, or treat municipal
combined sewer overflows and sanitary sewer overflows; and
``(2) subject to subsection (g), the Administrator may make
a direct grant to a municipality or municipal entity for the
purposes described in paragraph (1).
``(b) Prioritization.--In selecting from among municipalities
applying for grants under subsection (a), a State or the Administrator
shall give priority to an applicant that--
``(1) is a municipality that is a financially distressed
community under subsection (c);
``(2) has implemented or is complying with an
implementation schedule for the 9 minimum controls specified in
the CSO control policy referred to in section 402(q)(1) and has
begun implementing a long-term municipal combined sewer
overflow control plan or a separate sanitary sewer overflow
control plan; or
``(3) is requesting a grant for a project that is on a
State's intended use plan pursuant to section 606(c).
``(c) Financially Distressed Community.--
``(1) Definition.--In subsection (b), the term `financially
distressed community' means a community that meets
affordability criteria established by the State in which the
community is located, if such criteria are developed after
public review and comment.
``(2) Consideration of impact on water and sewer rates.--In
determining if a community is a distressed community for the
purposes of subsection (b), the State shall consider, among
other factors, the extent to which the rate of growth of a
community's tax base has been historically slow such that
implementing a plan described in subsection (b)(2) would result
in a significant increase in any water or sewer rate charged by
the community's publicly owned wastewater treatment facility.
``(3) Information to assist states.--The Administrator may
publish information to assist States in establishing
affordability criteria under paragraph (1).
``(d) Cost Sharing.--The Federal share of the cost of activities
carried out using amounts from a grant made under subsection (a) shall
be not less than 55 percent of the cost. The non-Federal share of the
cost may include, in any amount, public and private funds and in-kind
services, and may include, notwithstanding section 603(h), financial
assistance, including loans, from a State water pollution control
revolving fund.
``(e) Administrative Reporting Requirements.--If a project receives
grant assistance under subsection (a) and loan assistance from a State
water pollution control revolving fund and the loan assistance is for
15 percent or more of the cost of the project, the project may be
administered in accordance with State water pollution control revolving
fund administrative reporting requirements for the purposes of
streamlining such requirements.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000,000 for each of fiscal
years 2002 and 2003. Such sums shall remain available until expended.
``(g) Allocation of Funds.--
``(1) Fiscal year 2002.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2002 for making grants to
municipalities and municipal entities under subsection (a)(2),
in accordance with the criteria set forth in subsection (b).
``(2) Fiscal year 2003.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2003 as follows:
``(A) Not to exceed $250,000,000 for making grants
to municipalities and municipal entities under
subsection (a)(2), in accordance with the criteria set
forth in subsection (b).
``(B) All remaining amounts for making grants to
States under subsection (a)(1), in accordance with a
formula to be established by the Administrator, after
providing notice and an opportunity for public comment,
that allocates to each State a proportional share of
such amounts based on the total needs of the State for
municipal combined sewer overflow controls and sanitary
sewer overflow controls identified in the most recent
survey conducted pursuant to section 516(b)(1).
``(h) Administrative Expenses.--Of the amounts appropriated to
carry out this section for each fiscal year--
``(1) the Administrator may retain an amount not to exceed
1 percent for the reasonable and necessary costs of
administering this section; and
``(2) the Administrator, or a State, may retain an amount
not to exceed 4 percent of any grant made to a municipality or
municipal entity under subsection (a), for the reasonable and
necessary costs of administering the grant.
``(i) Reports.--Not later than December 31, 2003, and periodically
thereafter, the Administrator shall transmit to Congress a report
containing recommended funding levels for grants under this section.
The recommended funding levels shall be sufficient to ensure the
continued expeditious implementation of municipal combined sewer
overflow and sanitary sewer overflow controls nationwide.''.
SEC. 5. INFORMATION ON CSOS AND SSOS.
(a) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall transmit to Congress a report summarizing--
(1) the extent of the human health and environmental
impacts caused by municipal combined sewer overflows and
sanitary sewer overflows, including the location of discharges
causing such impacts, the volume of pollutants discharged, and
the constituents discharged;
(2) the resources spent by municipalities to address these
impacts; and
(3) an evaluation of the technologies used by
municipalities to address these impacts.
(b) Technology Clearinghouse.--After transmitting a report under
subsection (a), the Administrator shall maintain a clearinghouse of
cost-effective and efficient technologies for addressing human health
and environmental impacts due to municipal combined sewer overflows and
sanitary sewer overflows. | Authorizes the Administrator to provide technical assistance and grants for treatment works to carry out pilot projects relating to specified areas of wet weather discharge control. Authorizes appropriations.
Permits the Administrator, in any fiscal year in which at least $1.2 billion is available for grants to States for water pollution control revolving funds, to make grants to States or municipalities for planning, design, and construction of treatment works to intercept, transport, control, or treat municipal CSO and sanitary sewer overflows. Gives priority for grants to certain applicants, including municipalities that are financially distressed communities. Requires the Federal share of the cost of activities funded by such grants to be at least 55 percent. Authorizes and allocates appropriations. Requires the Administrator to report periodically to Congress on the recommended funding levels for such grants.
Directs the Administrator to report to Congress on: (1) the extent of health and environmental impacts caused by municipal CSO and sanitary sewer overflows; and (2) the resources spent, and technologies used, by municipalities to address such impacts. Requires the Administrator to maintain a clearinghouse of technologies for addressing such impacts. | {"src": "billsum_train", "title": "Wet Weather Quality Act of 2000"} | 2,257 | 247 | 0.582591 | 1.547967 | 0.752197 | 3.707547 | 9.693396 | 0.924528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Insurance Accountability
Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Holocaust, an event in which millions of people
endured enormous suffering through torture and other violence,
including the murder of 6,000,000 Jews and millions of others,
the destruction of families and communities, and the theft of
their assets, was one of the most heinous crimes in human
history.
(2) Before and during World War II, millions of people
purchased insurance policies to safeguard family assets, plan
for retirement, provide for a dowry, or save for their
children's education.
(3) When Holocaust survivors or heirs of Holocaust victims
presented claims to insurance companies after World War II,
many were rejected because they did not have death certificates
or physical possession of policy documents that had been
confiscated by the Nazis or lost in the devastation of the
Holocaust.
(4) In many instances, insurance company records and
records in government archives are the only proof of the
existence of insurance policies belonging to Holocaust victims.
(5) Holocaust survivors and heirs have been attempting for
decades to persuade insurance companies to settle unpaid
insurance claims.
(6) In 1998, the International Commission on Holocaust Era
Insurance Claims (in this section referred to as the
``ICHEIC'') was established by the National Association of
Insurance Commissioners in cooperation with several European
insurance companies, European regulators, the Government of
Israel, and non-governmental organizations with the promise
that it would expeditiously address the issue of unpaid
insurance policies issued to Holocaust victims.
(7) On July 17, 2000, the United States and Germany signed
an Executive Agreement in support of the German Foundation
``Remembrance, Responsibility, and the Future'', which
designated the ICHEIC to resolve all Holocaust-era insurance
policies issued by German companies and their subsidiaries.
(8) On January 17, 2001, the United States and Austria
signed an Executive Agreement, which designated the ICHEIC to
resolve all Holocaust-era insurance policies issued by Austrian
companies and their subsidiaries.
(9) Between 1998 and the closing of the ICHEIC claims
deadline on December 31, 2003, few names of the Jewish policy
holders from Eastern Europe were published, though more than
two-thirds of the Jewish population of the territory occupied
by the Nazis and their allies were from Eastern Europe.
(10) The ICHEIC is scheduled to close in 2007 without the
disclosure of thousands of names of policies sold to Jewish
residents of Europe prior to World War II as of February of
2007.
(11) With the ICHEIC process essentially completed,
companies holding Holocaust-era insurance policies continue to
withhold names of owners and beneficiaries of thousands of
insurance policies sold to Jewish customers prior to World War
II.
(12) Experts estimate that the value in 2006 of unpaid
life, annuity, endowment, and dowry insurance theft from
European Jewry from the Holocaust and its aftermath ranges
between $17,000,000,000 and $200,000,000,000.
(13) As of the latest report by the ICHEIC on February 20,
2007, the value of claims paid in recognition of victims'
policies was approximately $250,000,000 and fewer than 5
percent of the policies estimated to have been sold to Jews at
the beginning of World War II have been paid through ICHEIC.
(14) As of 2006, ICHEIC has not provided the State
Department with the information required by paragraphs (3)
through (7) of section 704(a) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228), which
requires the Secretary of State to report to the appropriate
congressional committees on the status of the implementation of
the Executive Agreement between Germany and the United States.
(15) In American Insurance Association, Inc., v. Garamendi,
the United States Supreme Court held that under the supremacy
clause of the Constitution of the United States, executive
agreements and Federal Government policy calling for insurance
claims against German and Austrian companies to be handled
within ICHEIC preempted State laws authorizing State insurance
commissioners to subpoena company records and require
publication of the names of Holocaust era policy holders.
(16) In the Garamendi case, the Supreme Court stated that
Congress, which has the power to regulate international
commerce, and prescribe Federal Court jurisdiction, had not
addressed disclosure and restitution of Holocaust victims'
insurance policies.
(17) Subsequent court decisions have dismissed survivors'
suits against Assicurazioni Generali, S.p.A., even though there
is no executive agreement between the United States and Italy.
(18) Congress believes that United States courts do
currently have jurisdiction to entertain actions by Holocaust
victims and heirs of Holocaust victims to recover insurance
proceeds sold to their families before the Holocaust.
(19) Due to lower court interpretations of the Garamendi
case, this Act expresses the intent of Congress to legislate to
the maximum extent allowed by the Constitution regarding the
rights of Holocaust survivors and the heirs and beneficiaries
of Holocaust victims to obtain information from insurers and to
bring actions in United States courts to recover unpaid funds
from entities that participated in the theft of family
insurance assets or the affiliates of such entities.
(20) The ICHEIC either chose not to pursue or did not put
forth sufficient effort to investigate or obtain restitution
for forms of insurance other than life, annuity, endowment, or
dowry insurance sold to Holocaust victims, despite
documentation that other forms of insurance benefits such as
property and casualty insurance, disability insurance, health
insurance, transport insurance, and marine insurance were also
improperly withheld from Jews, nor did the ICHEIC make
sufficient effort to investigate the records of reinsurers who
provided coverage for Jews' policies prior to World War II,
despite evidence that reinsurers and reinsurance played a
significant role in the theft of the family assets of Holocaust
victims.
(21) Disclosures in 2006 concerning the vast Nazi archives
at Bad Arolsen Germany, which have been closed to direct access
by Holocaust survivors, families of Holocaust victims, and
researchers since 1955, underscores the necessity a
comprehensive opening of all archival sources of information
for Holocaust victims and their families.
(22) Insurance payments should be expedited to the victims
of the most heinous crime of the 20th Century to ensure that
justice is served.
(23) States should be allowed to collect Holocaust-era
insurance information from any insurance companies that want to
do business in such States.
(24) Tens of thousands of Holocaust survivors around the
world, including in the United States, live below or near the
poverty level, and cannot meet their basic day-to-day needs for
food, medicine, shelter, and other necessities.
(25) This Act will enable survivors, heirs, and
beneficiaries to obtain compensation commensurate with the real
monetary value of their losses, and to penalize unjustly
enriched insurers for their fraudulent, deceptive, and unfair
practices, which continue to the present day, and to deter such
conduct in the future.
(26) Holocaust victims and their families should be able to
recover claims arising from Holocaust era insurance policies
and the Federal Government should be able to recover for the
unjust enrichment of insurers in Federal court when they
consider it necessary to seek redress through the judicial
system.
(27) Under the circumstances faced by Holocaust victims and
their families, the courts of the United States should be open
to Holocaust victims and their families for a reasonable number
of years after enactment of this Act, without regard to any
other statutes of limitation.
SEC. 3. HOLOCAUST INSURANCE REGISTRY.
(a) Establishment and Maintenance.--Chapter 21 of title 44, United
States Code, is amended by adding at the end the following:
``Sec. 2119. Holocaust Insurance Registry
``(a) Establishment.--The Archivist shall establish and maintain a
collection of records that shall--
``(1) consist of the information provided to the Archivist
under section 5 of the Holocaust Victims Insurance Relief Act
of 2007;
``(2) be known as the Holocaust Insurance Registry.
``(b) Public Access to the Records.--The Archivist shall make all
the aforementioned records accessible to the public and searchable by
means of the Internet and by any other means the Archivist deems
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 21 of title 44, United States Code, is amended by adding at the
end the following:
``2119. Holocaust Insurance Registry.''.
(c) Agreements With European Countries.--
(1) Agreements.--The Secretary of State shall seek to enter
into agreements with European countries to make available to
the Holocaust Insurance Registry information on covered
policies that is stored in the archives or other government
repositories of such countries.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the
Secretary of State shall submit to Congress a report on efforts
to carry out this subsection.
SEC. 4. DISCLOSURE OF HOLOCAUST-ERA POLICIES BY INSURERS.
(a) Requirement.--An insurer shall file, in an electronic format,
with the Secretary of Commerce the following information:
(1) The first name, last name, date of birth, and domicile
of the policyholder of each covered policy issued or reinsured
by the insurer or a related company of the insurer.
(2) The name of the entity that issued the covered policy.
(3) The name of the entity that is responsible for the
liabilities of the entity that issued the covered policy.
(b) Filing.--Information under subsection (a) shall be filed not
later than 90 days after the date of the enactment of this Act.
SEC. 5. PROVISION OF INFORMATION TO ARCHIVIST.
The Secretary of Commerce shall provide to the Archivist of the
United States any information filed with the Secretary under section
4(a) promptly after the filing of such information.
SEC. 6. PENALTY.
The Secretary of Commerce shall assess a civil penalty of not less
than $5,000 for each day that an insurer fails to comply with the
requirements of section 4, as determined by the Secretary.
SEC. 7. USE OF AMOUNTS RECEIVED AS CIVIL PENALTIES.
To the extent or in the amounts provided in advance in
appropriation Acts, the Archivist of the United States may use amounts
received by the Government as civil penalties under section 6 to
maintain the Holocaust Insurance Registry.
SEC. 8. NOTIFICATION.
(a) Initial Notification.--Not later than 180 days after the date
of the enactment of this Act, and periodically thereafter, the
Secretary of Commerce shall notify each State's commissioner of
insurance of the identity of each insurer that has failed to comply
with the requirements of section 4 or has not satisfied any civil
penalty for which the insurer is liable under section 6.
(b) Requests by States.--On request by the commissioner of
insurance of a State concerning an insurer operating in that State, the
Secretary of Commerce shall inform the commissioner of insurance
whether the insurer has failed to comply with the requirements of
section 4 or has not satisfied any civil penalty for which the insurer
is liable under section 6.
SEC. 9. STATE HOLOCAUST INSURANCE STATUTES.
(a) Preemption.--Nothing in this Act preempts--
(1) any State law requiring an insurer in such State to
disclose information regarding covered policies sold or for
which reinsurance was provided; or
(2) any rights or remedies available to a claimant under
State law relating to a covered policy.
(b) Sense of Congress.--It is the sense of the Congress that if any
litigation challenging any State law described in subsection (a) is
dismissed because the State's commissioner of insurance chooses to rely
on this Act and therefore no longer seeks to enforce the State law,
each party should bear its own legal fees and costs.
SEC. 10. FEDERAL CAUSE OF ACTION FOR COVERED CLAIMS.
(a) Federal Cause of Action.--
(1) In general.--There shall exist a Federal cause of
action for any claim arising out of or related to a covered
policy against any insurer or related company.
(2) Effect on other causes of action.--An action under
paragraph (1) shall be maintainable in addition to any cause of
action arising under State or international law.
(3) Standing.--A claim under paragraph (1) may be brought
by the person who purchased such covered policy, a beneficiary
or heir of such person, or an assignee of such person or a
beneficiary or heir of such person.
(4) Treble damages; interest.--In an action under this
subsection, the measure of damages shall be not less than three
times the amount of--
(A) the claim under the covered policy in United
States dollars as of December 31, 1938; and
(B) interest at a rate of 6 percent per year
compounded annually from the date when the claim for
which an action exists under this subsection could have
first been made until the date of judgment under this
subsection.
(5) Attorneys fees.--In an action under this subsection, a
court shall award a successful claimant reasonable attorneys
fees and costs incurred in investigating and prosecuting the
claim.
(b) Subject Matter Jurisdiction.--The district courts shall have
original jurisdiction of any civil action arising out of or related to
a covered policy (whether brought under subsection (a) or otherwise).
(c) Personal Jurisdiction.--Notwithstanding any provision of Rule 4
of the Federal Rules of Civil Procedure to the contrary, in a civil
action arising from or related to a covered policy (whether brought
under subsection (a) or otherwise) commenced in a district where the
defendant is not a resident--
(1) the court may exercise jurisdiction over such defendant
on any basis not inconsistent with the Constitution of the
United States; and
(2) service of process, summons, and subpoena may be made
on such defendant in any manner not inconsistent with the
Constitution of the United States.
(d) Retroactive Application.--This Act shall apply retroactively to
any claim arising out of or related to a covered policy to the fullest
extent permitted by the Constitution of the United States, including
claims previously dismissed on the ground of executive preemption and
claims for which class action settlements occurring prior to the
effective date of this Act purport to effect a release of claims not
accompanied by an actual payment.
(e) Statute of Limitations.--Any action brought under this Act
shall be filed not later than 10 years after the effective date of this
Act.
SEC. 11. DEFINITIONS.
In this Act:
(1) Commissioner of insurance.--The term ``commissioner of
insurance'' means the highest ranking officer of a State
responsible for regulating insurance.
(2) Covered policy.--The term ``covered policy'' means any
life, dowry, education, property or other insurance policy that
was--
(A) in effect at any time after January 30, 1933,
and before December 31, 1945; and
(B) issued to a policyholder domiciled in any area
that was occupied or controlled by Nazi Germany or by
any ally or sympathizer of Nazi Germany at any time
during the period described in subparagraph (A).
(3) Insurer.--The term ``insurer'' means any person engaged
in the business of insurance (including reinsurance) in
interstate or foreign commerce, if the person or a related
company of the person issued or reinsured a covered policy,
regardless of when the related company became a related company
of the insurer.
(4) Related company.--The term ``related company'' means an
affiliate, as that term is defined in section 104(g) of the
Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)). | Holocaust Insurance Accountability Act of 2008 - (Sec. 3) Requires insurers of Holocaust-era policies to: (1) respond within 90 days to written inquiries from eligible persons regarding such polices; (2) provide to such persons all information in the possession of such insurer regarding whether such person is a potential beneficiary; and (3) notify the Holocaust Claims Processing Office (HCPO) immediately in writing of the inquiry, with a copy of all acknowledgments and information provided to such eligible person.
Terminates such requirement 10 years after enactment of this Act.
Instructs the Secretary of State to: (1) seek to enter into an agreement with each European country with which no appropriate agreement exists to facilitate such response requirements; and (2) report annually to Congress on implementation of this Act.
(Sec. 4) Authorizes the Secretary of the Treasury (Secretary) to enter into an agreement with the HCPO to: (1) monitor compliance with requirements of this Act; (2) notify the Secretary of the identity of any insurer not complying with this Act within 30 days after the failure to comply; and (3) notify the certain congressional committees annually, including the Secretary and the Secretary of State, of the identity of each non-compliant insurer.
Provides for the transfer of specified funds to the HCPO to implement its monitoring functions.
(Sec. 5) Instructs the Secretary to assess a civil penalty of not less than $5,000 for each day that an insurer fails to comply with the requirements of this Act.
Authorizes the Secretary to seek to attach a lien on any payment from a U.S. domiciliary subsidiary of any insurer based outside the United States from which the Secretary is unable to collect a penalty.
(Sec. 6) Sets forth a federal cause of action for any claim against an insurer arising out of or related to a covered policy.
(Sec. 7) Expresses the sense of Congress that claimants have the right to opt out of new or ongoing class action proceedings relating to claims based on Holocaust-era insurance policies.
(Sec. 8) Directs the Secretary to instruct the U.S. Executive Director at the European Bank for Reconstruction and Development to use the voice and vote of the United States to create and advocate the policies of the Bank to encourage Eastern European countries to engage in and pursue restitution programs in compliance with this Act. | {"src": "billsum_train", "title": "To require disclosure of Holocaust-era policies by insurers and establish a federal cause of action for claims arising out of a covered policy."} | 3,448 | 513 | 0.50347 | 1.918971 | 0.563317 | 2.393939 | 7.030303 | 0.839827 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Travel Related Industries Protection
Act of 2003''.
SEC. 2. SUSPENSION OF EXCISE TAX ON AVIATION FUEL USED IN COMMERCIAL
AVIATION.
(a) In General.--Tax imposed under section 4091 of the Internal
Revenue Code of 1986 by reason of section 4092(b)(2) of such Code shall
be zero during the suspension period.
(b) Definitions.--For purposes of this Act--
(1) Suspension period.--The term `suspension period' means
the period beginning on the tax suspension date and ending on
the suspension termination date.
(2) Tax suspension date.--The term `tax suspension date'
means the date of the enactment of this Act.
(3) Suspension termination date.--The term `suspension
termination date' means the date which is two years after the
date of the enactment of this Act.
SEC. 3. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax suspension date, tax has been imposed
under section 4091 of the Internal Revenue Code of 1986 by
reason of section 4092(b)(2) of such Code on any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the tax paid by the taxpayer.
(b) Time For Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
suspension date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax suspension date--
(A) the dealer submits a request for refund or
credit to the taxpayer before the date which is 3
months after the tax suspension date, and
(B) the taxpayer files with the Secretary--
(i) a certification that the taxpayer has
given, subsequent to receipt of the request for
refund or credit from such dealer under
subparagraph (A), a credit to such dealer with
respect to such liquid against a purchase by
the dealer of liquid from the taxpayer, and
(ii) a certification by such dealer that
such dealer has given, subsequent to the tax
suspension date, a credit to a succeeding
dealer (if any) with respect to such liquid
against a purchase by the succeeding dealer of
liquid from such dealer.
(c) Reasonableness of Claims Certified.--Any certification made
under subsection (b)(2)(B) shall include an additional certification
that the claim for credit was reasonably based on the taxpayer's or
dealer's past business relationship with the succeeding dealer.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of such
Code; except that the term ``dealer'' includes a producer, and
(2) the term ``tax suspension date'' means the date which
is the 7th day after the date of the enactment of this Act.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any liquid subject to tax
under section 4091 of the Internal Revenue Code of 1986 by reason of
section 4092(b)(2) of such Code and on which such tax would have been
imposed but for section 2, and which is held on the suspension
termination date, by any person, there is hereby imposed a floor stocks
tax equal to the excess of the tax which would be imposed on such
liquid had the taxable event occurred on such date over the tax
previously paid (if any) on such liquid.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
suspension termination date, to which the tax imposed by
subsection (a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by paragraph (1)
shall be paid on or before 45 days after the suspension
termination date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(d) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by sections
4091 and 4092 of such Code shall, insofar as applicable and not
inconsistent with the provisions of this section, apply with respect to
the floor stock taxes imposed by subsection (a) to the same extent as
if such taxes were imposed by such sections. | Travel Related Industries Protection Act of 2003 - Amends the Internal Revenue Code to suspend, for two years, the excise tax aviation fuel. | {"src": "billsum_train", "title": "To suspend the excise tax on aviation fuel used in commercial aviation during the period of hostilities with Iraq."} | 1,225 | 32 | 0.437236 | 1.083666 | 0.414785 | 2.269231 | 41.653846 | 0.884615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrity in Banking and Money
Laundering Prevention Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds as follows:
(1) Money laundering is a serious problem: between
$100,000,000,000 and $300,000,000,000 in United States currency
is ``laundered'' each year and the total dollar amount involved
in international money laundering likely exceeds
$500,000,000,000.
(2) Money laundering is critical to the survival of the
illicit drug trade, which has annual worldwide revenues of more
than $400,000,000,000, more than 8 percent of the total value
of international trade.
(3) Money laundering affords drug dealers, terrorists, arms
dealers, and other criminals the opportunity to erode the
integrity of our financial institutions.
(4) Through money laundering, criminals are able to hide
profits from narcotics sales, tax fraud, terrorism, and arms
smuggling.
(5) Money laundering by international criminal enterprises
challenges the legitimate authority of national governments,
corrupts government institutions, endangers the financial and
economic stability of nations, and routinely violates legal
norms, property rights, and human rights.
(6) United States financial institutions are a critical
link in our efforts to combat money laundering.
(7) The high profitability, intense competition, high level
of confidentiality, and close relationships of trust developed
between private bankers and their clients make private banking
vulnerable to money laundering, and it is estimated that
private banking services have banking assets ranging from
$200,000,000,000 to $300,000,000,000.
(8) As private banking grows, and competition for high net
worth individuals as customers increases, anti-money laundering
legislation should be extended to reach all financial
institutions, including such entities as securities brokers and
dealers.
(b) Purposes.--The purposes of this Act are as follows:
(1) To ensure that United States financial institutions
make combating money laundering the highest of priorities.
(2) To close the existing gaps in law that allow money
laundering to flourish in the private banking system.
(3) To designate foreign high-intensity money laundering
areas for the purpose of targeting areas of concentrated money
laundering activities.
(4) To establish a comprehensive report on the extent of
private banking by banks and other financial institutions
operating within the United States.
(5) To prevent the abuse of concentration, omnibus, or
suspense accounts by money launderers and drug traffickers.
(6) To enhance the ability of law enforcement officials to
reconstruct an audit trail in the course of a criminal
investigation by requiring United States financial institutions
to maintain documentation of offshore accounts.
(7) To subject securities brokers and dealers to the
suspicious activities reporting requirements to which
depository institutions are subject.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Beneficial owner.--The term ``beneficial owner'', with
respect to an account at a financial institution, any person or
group which controls the account or for whose benefit the
account is maintained.
(2) Concentration account.--The term ``concentration
account'' means a business account maintained by a financial
institution in which funds from various sources are commingled.
(3) Financial institution.--The term ``financial
institution'' has the meaning given to such term in section
5312(a)(2) of title 31, United States Code.
(4) High net worth individual.--The term ``high net worth
individual'' means any individual--
(A) whose individual net worth, or, in the case of
a married individual, whose joint net worth (with such
individual's spouse), exceeds $1,000,000; or
(B) who had--
(i) individual gross income in excess
$400,000 in each of the 2 preceding calendar
years; or
(ii) who had joint gross income (with such
individuals spouse) in excess of $600,000 in
each of the 2 preceding calendar years,
and who has a reasonable expectation of achieving gross
income in the current calendar year in excess of the
amount described in clause (i) or (ii), as the case may
be.
(5) Money laundering.--The term ``money laundering'' means
any action or process whereby the existence, illegal source, or
illegal application or expenditure of income is concealed or
disguised so as to give income the appearance of legitimacy.
(6) Private banking.--The term ``private banking'' means,
with respect to a financial institution, the personal delivery
of financial products and services to high net worth
individuals, which may include the acceptance of deposits,
lending, investing in investment companies, personal trust and
estate administration, fund transfer services, establishing
payable through accounts, the establishment of accounts in
foreign banks, and other services which are not provided
generally to all clients of the financial institution.
SEC. 4. REPORT ON PRIVATE BANKING ACTIVITIES.
(a) In General.--Before the end of the 18-month period beginning on
the date of the enactment of this Act, the Secretary of the Treasury,
in consultation with the Securities and Exchange Commission and the
Federal banking agencies (as defined in section 3(z) of the Federal
Deposit Insurance Act) shall submit a report on private banking
activities in the United States to the Committee on Banking and
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(b) Contents of Report.--The report required under subsection (a)
shall include information on the following:
(1) The nature and extent of private banking in the United
States.
(2) Regulatory efforts to monitor private banking and
ensure that such private banking operations are conducted in
compliance with subchapter II of chapter 53 of title 31, United
States Code, and section 21 of the Federal Deposit Insurance
Act.
(3) The policies and procedures of financial institutions
that are designed to ensure compliance by such institutions
with the requirements of subchapter II of chapter 53 of title
31, United States Code, and section 21 of the Federal Deposit
Insurance Act.
SEC. 5. REQUIRE THAT ANTI-MONEY LAUNDERING PROGRAMS PROHIBIT MONEY
LAUNDERING THROUGH CONCENTRATION ACCOUNTS AT FINANCIAL
INSTITUTIONS BY REQUIRING PROPER MAINTENANCE OF SUCH
ACCOUNTS.
Section 5318(h) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Availability of certain account information.--The
Secretary of the Treasury shall prescribe regulations under
this subsection which require financial institutions to
maintain all accounts in such a way as to ensure that the name
of the account holder and the number of the account are
associated with all account activity of the account holder.''
SEC. 6. DESIGNATION OF FOREIGN HIGH-INTENSITY MONEY LAUNDERING AREAS.
(a) In General.--Subchapter III of chapter 53 of title 31, United
States Code (as added by the Money Laundering and Financial Crimes
Strategy Act of 1998) is amended by adding at the end the following new
part:
``Part 3--International Money Laundering and Related Financial Crimes
``Sec. 5361. Designation of foreign high-intensity money laundering
areas
``(a) In General.--The Secretary, in consultation with the Attorney
General and the Federal banking agencies, shall develop criteria for
identifying areas outside the United States in which money laundering
activities are concentrated.
``(b) Designation.--The Secretary shall designate as a high-
intensity money laundering area any foreign country in which there is
an area identified, in accordance with the criteria developed pursuant
to subsection (a), as an area in which money laundering activities are
concentrated.
``(c) Notice and Warning.--Upon the designation, under subsection
(b), of a country as a high-intensity money laundering area, the
Secretary shall provide--
``(1) a written notice to each financial institution of the
identity of the country designated; and
``(2) a written warning that there is a concentration of
money laundering activity in such country.''.
(b) Clerical Amendment.--The table of subchapters for chapter 53 of
title 31, United States Code, is amended by adding at the end the
following item:
``Part 3--International Money Laundering and Related Financial Crimes
``5361. Designation of foreign high-intensity money laundering
areas.''.
SEC. 7. DOUBLE THE CRIMINAL PENALTIES FOR VIOLATIONS INVOLVING HIGH-
INTENSITY MONEY LAUNDERING AREAS.
(a) In General.--Section 5322 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(d) Doubled Penalty.--The court may double the sentence of fine
or imprisonment, or both, that could otherwise be imposed on any person
for a violation described in subsection (a) or (b) if the person
commits the violation with respect to a transaction involving a person
in, a relationship maintained for a person in, or a transport of a
monetary instrument involving a foreign country, knowing that a
designation of the foreign country as a high-intensity money laundering
area under section 5361 was in effect at the time of the violation.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any violation committed on or after the date of
the enactment of this Act.
SEC. 8. ENHANCED ABILITY TO IDENTIFY PROPERLY THE BENEFICIAL OWNER OF
OFFSHORE ACCOUNT.
Section 5318 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(i) Requirements Relating to Effective Enforcement of
Subchapter.--
``(1) In general.--In an effort to assist law enforcement
in tracing funds identifying beneficial owners of accounts set
up by financial institutions in the United States, the
Secretary of the Treasury shall require any domestic financial
institution making a transaction for any person or maintaining
a relation for any person with a foreign financial institution
or a foreign financial agency, including a foreign branch or
subsidiary of the domestic financial institution, to keep and
maintain records within the United States of the beneficial
owner of any accounts outside the United States to which funds
of that person are transferred by the domestic financial
institution or at a place--
``(A) where a summons under this section to produce
such records is legally effective; and
``(B) from which the records are capable of being
delivered to the place designated in accordance with
subsection (c)(1) within 48 hours of the receipt of the
summons.
``(2) Information in records.--The records required under
paragraph (1) shall contain the following information in the
manner and to the extent that the Secretary prescribes in
regulations, and subject to such exemptions as the Secretary
determines to be appropriate:
``(A) The identity and address of participants in a
transaction or relationship.
``(B) The legal capacity in which a participant is
acting.
``(C) The identity of the real parties in
interest.''.
SEC. 9. REGULATIONS RELATING TO SUSPICIOUS ACTIVITY REPORTS BY BROKERS
AND DEALERS.
Before the end of the 1-year period beginning on the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Securities and Exchange Commission, shall prescribe
regulations in final form under section 5318(g) of title 31, United
States Code, requiring brokers and dealers registered with the
Securities and Exchange Commission under the Securities Exchange Act of
1934 to report, in accordance with such section 5318(g), any suspicious
transaction relevant to a possible violation of law or regulation. | Instructs the Secretary to: (1) prescribe regulations which require financial institutions to maintain all accounts in such a way as to ensure that the name of the account holder and the number of the account are associated with all of the owner's account activity; and (2) develop criteria for identifying foreign high-intensity money laundering areas.
Authorizes courts to double criminal penalties for violations involving high-intensity money laundering areas.
Directs the Secretary to: (1) require domestic financial institutions to maintain records within the United States which accurately identify the parties for whom such institutions conduct transactions with foreign counterparts; and (2) promulgate final regulations requiring registered brokers and dealers to report suspicious transactions in accordance with specified banking law. | {"src": "billsum_train", "title": "Integrity in Banking and Money Laundering Prevention Act of 1999"} | 2,600 | 152 | 0.529902 | 1.562743 | 0.611179 | 4.542857 | 17.092857 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Mentally Disabled New
Americans Act of 1997''.
SEC. 2. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR SSI AND FOOD
STAMPS: EXCEPTION FOR MENTALLY DISABLED ALIENS.
(a) In General.--Section 402(a)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2))
is amended by adding after subparagraph (D) the following new
subparagraph:
``(E) Certain disabled aliens.--Paragraph (1) shall
not apply to an alien who--
``(i) on the date of the enactment of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 is a qualified alien
(as defined in section 431); and
``(ii) is, or would be, considered disabled
due to mental impairment under section 1614 of
the Social Security Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996.
SEC. 3. LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES, SOCIAL SERVICES BLOCK
GRANT, AND MEDICAID: EXCEPTION FOR MENTALLY DISABLED
ALIENS.
(a) In General.--Section 402(b)(2) of the Permanent Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2))
is amended by adding after subparagraph (D) the following new
subparagraph:
``(E) Certain disabled aliens.--Paragraph (1) shall
not apply to an alien who--
``(i) on the date of the enactment of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 is a qualified alien
(as defined in section 431); and
``(ii) is, or would be, considered disabled
due to mental impairment under section 1614 of
the Social Security Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996.
SEC. 4. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED ALIENS FOR
STATE PUBLIC BENEFITS: EXCEPTION FOR MENTALLY DISABLED
ALIENS.
(a) In General.--Section 412(b) of the Permanent Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1622(b)) is
amended by adding after paragraph (4) the following new paragraph:
``(5) Certain disabled aliens.--Subsection (a) shall not
apply to an alien who--
``(A) on the date of the enactment of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 is a qualified alien (as defined in section
431); and
``(B) is, or would be, considered disabled due to
mental impairment under section 1614 of the Social
Security Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996.
SEC. 5. PROHIBITION ON STATE REQUIREMENTS OF MINIMUM UNITED STATES
RESIDENCE FOR STATE BENEFITS FOR MENTALLY DISABLED
ALIENS.
Title IV of the Permanent Responsibility and Work Opportunity
Reconciliation Act of 1996 is amended by inserting after section 412
the following new section:
``SEC. 413. PROHIBITION ON REQUIREMENT FOR MINIMUM UNITED STATES
RESIDENCE FOR MENTALLY DISABLED ALIENS.
``(a) In General.--Notwithstanding any other provision of law, in
determining the eligibility or the amount of benefits of a mentally
disabled alien for any State or local public benefits, a State or
political subdivision that offers the benefits may not provide for a
minimum period of residence in the United States for any alien who on
the date of the enactment of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 was lawfully present in the
United States.
``(b) Mentally Disabled Defined.--For the purposes of subsection
(a) the term `mentally disabled' means an alien who is, or would be,
considered disabled due to mental impairment under section 1614 of the
Social Security Act.''.
SEC. 6. NATURALIZATION OF CERTAIN MENTALLY DISABLED PERMANENT RESIDENT
ALIENS.
(a) Amendment to the Immigration and Nationality Act.--Chapter 2 of
the Immigration and Nationality Act is amended by inserting after
section 312 the following new section:
``naturalization of mentally disabled persons
``Sec. 312A. The requirements of section 312 and 337 shall not
apply to an alien who--
``(1) on the date of the enactment of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
is lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act;
``(2) is unable due to developmental disability or mental
impairment to comply with such requirements; and
``(3) has a legally appointed guardian who is a United
States citizen.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to applications for naturalization filed on or after the date of
enactment of this Act and to applications for naturalization pending on
such date. | Fairness for Mentally Disabled New Americans Act of 1997 - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make qualified aliens who are mentally impaired eligible for specified Federal, State, and local public benefits.
Prohibits States from imposing a minimum U.S. residence requirement with respect to such benefits.
Amends the Immigration and Nationality Act to exempt such persons with a U.S. citizen-guardian from naturalization language, history, and oath of allegiance provisions. | {"src": "billsum_train", "title": "Fairness for Mentally Disabled New Americans Act of 1997"} | 1,338 | 118 | 0.514117 | 1.246869 | 0.537657 | 1.94186 | 12.186047 | 0.732558 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``9/11 First Responders History
Project Act of 2011''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds as follows:
(1) Over 410,000 people were exposed to the site of the
September 11, 2001, terrorist attacks at the World Trade Center
(WTC) in New York City, including 50,000 workers from across
the Nation who traveled to the site to lend their support.
(2) Of these over 410,000 people, 91,000 were rescue and
recovery workers.
(3) Post-traumatic stress disorder (PTSD) was one of the
major health effects for individuals who responded to the WTC
attacks.
(4) Nineteen percent of adult enrollees (about 71,000
people) in the WTC Health Registry report new PTSD symptoms, 4
times the rate typically seen in adults in the United States.
(5) Of the more than 10,000 rescue and recovery workers
monitored for a study at the Mount Sinai WTC Consortium over a
five-year period from 2002 to 2007, 11% met criteria for
probable PTSD, 8.8% had probable depression, 5.0% had probable
panic disorder, and 62% had substantial stress reaction.
(6) According to the Mount Sinai study, the rate of PTSD
among responders to the September 11, 2001, terrorist attacks
at the WTC is significantly greater than in the general
population and is on par with the rate experienced by veterans
of the war in Afghanistan. For example, 15.5% of firefighters
report probable post-9/11 PTSD and firefighters who worked at
Ground Zero lost an average of 12 years of lung function.
(b) Purpose.--It is the purpose of this Act to create a new
federally sponsored, authorized, and funded project that will
coordinate at a national level the collection of video and audio
recordings of personal histories and testimonials of emergency
responders and recovery and cleanup workers who responded to the
September 11, 2001, terrorist attacks that will build upon and
complement previous and ongoing documentary work on this subject, and
to assist and encourage local efforts to preserve the memories of such
individuals so that Americans of all current and future generations may
hear from them directly and better appreciate the sacrifices they made.
SEC. 3. ESTABLISHMENT OF PROJECT AT LIBRARY OF CONGRESS TO COLLECT
VIDEO AND AUDIO RECORDINGS OF HISTORIES OF 9/11 FIRST
RESPONDERS.
(a) Establishment of Project.--Within the limits of available
funds, the Librarian of Congress (hereafter referred to as the
``Librarian'') shall establish an oral history project--
(1) to survey, during the initial phase of the project,
collections of audio and video recordings of the reminiscences
of 9/11 first responders that are housed in archives,
libraries, museums, and other educational institutions, as well
as ongoing documentary work, in order to augment and complement
these endeavors and avoid duplication of effort;
(2) to solicit, reproduce, and collect--
(A) video and audio recordings of personal
histories and testimonials of 9/11 first responders;
and
(B) visual and written materials (such as letters,
diaries, photographs, and ephemera) relevant to the
personal histories of individuals;
(3) to create a collection of the recordings and other
materials obtained, and to catalog and index the collection in
a manner the Librarian considers appropriate; and
(4) to make the collection available for public use through
the Library of Congress, as well as through such other methods
as the Librarian consider appropriate.
(b) Use of and Consultation With Other Entities.--The Librarian may
carry out the activities described in subsection (a) through agreements
and partnerships entered into with other government and private
entities, and may otherwise consult with interested persons (within the
limits of available resources) and develop appropriate guidelines and
arrangements for soliciting, acquiring, and making available recordings
under the project under this Act.
(c) Services of Experts and Consultants; Acceptance of Volunteer
Services; Advance Payments.--In carrying out activities described in
subsection (a)(1), the Librarian may--
(1) procure temporary and intermittent services under
section 3109 of title 5, United States Code;
(2) accept and utilize the services of volunteers and other
uncompensated personnel and reimburse them for travel expenses,
including per diem, as authorized under section 5703 of title
5, United States Code; and
(3) make advances of money and payments in advance in
accordance with section 3324 of title 31, United States Code.
(d) Timing.--As soon as practicable after the enactment of this
Act, the Librarian shall begin collecting video and audio recordings
and other materials under subsection (a), and shall attempt to collect
the first such recordings from the oldest individuals involved.
(e) Definition.--In this Act, the term ``9/11 first responders''
means emergency responders and recovery and cleanup workers who
responded to the terrorist attacks that occurred on September 11, 2001,
in New York City, in Shanksville, Pennsylvania, and at the Pentagon
(including the aftermath of such attacks).
SEC. 4. PRIVATE SUPPORT FOR PROJECT.
(a) Encouraging Solicitation and Acceptance of Donations.--The
Librarian of Congress is encouraged to solicit and accept donations of
funds and in-kind contributions to support activities under section 3.
(b) Dedication of Funds Provided to Library of Congress.--
Notwithstanding any other provision of law--
(1) any funds donated to the Librarian of Congress to
support the activities of the Librarian under section 3 shall
be deposited entirely into an account established for such
purpose;
(2) the funds contained in such account shall be used
solely to support such activities; and
(3) the Librarian of Congress may not deposit into such
account any funds donated to the Librarian which are not
donated for the exclusive purpose of supporting such
activities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $250,000 for fiscal year 2012; and
(2) $150,000 for each of the 4 succeeding fiscal years. | 9/11 First Responders History Project Act of 2011 - Requires, within the limits of available funds, the Librarian of Congress to establish an oral history project to: (1) survey collections of audio and video recordings (as well as ongoing documentary work) of the reminiscences of 9/11 first responders housed in archives, libraries, museums, and other educational institutions; (2) solicit, reproduce, and collect video and audio recordings of personal histories and testimonials of 9/11 first responders, and visual and written materials (such as letters, diaries, photographs, and ephemera) relevant to the personal histories of individuals; (3) create a collection, with a catalog and index, of the recordings and other materials obtained; and (4) make the collection available for public use through the Library of Congress (LOC) and other appropriate methods.
Defines "9/11 first responders" as emergency responders and recovery and cleanup workers who responded to the terrorist attacks that occurred on September 11, 2001, in New York City, in Shanksville, Pennsylvania, and at the Pentagon (including the aftermath of such attacks). | {"src": "billsum_train", "title": "To direct the Librarian of Congress to carry out a project to collect video and audio recordings of personal histories and testimonials of emergency responders and recovery and cleanup workers who responded to the September 11, 2001 terrorist attacks."} | 1,317 | 237 | 0.573776 | 1.973848 | 0.739195 | 6.056338 | 5.849765 | 0.976526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Design-Build Efficiency and Jobs Act
of 2015''.
SEC. 2. IMPROVEMENTS TO THE DESIGN-BUILD CONSTRUCTION PROCESS FOR
CIVILIAN CONTRACTS.
Section 3309 of title 41, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Criteria for Use.--
``(1) Contracts with a value of at least $750,000.--Two-
phase selection procedures shall be used for entering into a
contract for the design and construction of a public building,
facility, or work when a contracting officer determines that
the contract has a value of $750,000 or greater.
``(2) Contracts with a value less than $750,000.--For
projects that a contracting officer determines have a value of
less than $750,000, the contracting officer shall make a
determination whether two-phase selection procedures are
appropriate for use for entering into a contract for the design
and construction of a public building, facility, or work when--
``(A) the contracting officer anticipates that 3 or
more offers will be received for the contract;
``(B) design work must be performed before an
offeror can develop a price or cost proposal for the
contract;
``(C) the offeror will incur a substantial amount
of expense in preparing the offer; and
``(D) the contracting officer has considered
information such as--
``(i) the extent to which the project
requirements have been adequately defined;
``(ii) the time constraints for delivery of
the project;
``(iii) the capability and experience of
potential contractors;
``(iv) the suitability of the project for
use of the two-phase selection procedures;
``(v) the capability of the agency to
manage the two-phase selection process; and
``(vi) other criteria established by the
agency.'';
(2) by striking the second sentence in subsection (d) and
inserting the following: ``The maximum number specified in the
solicitation shall not be greater than 5 unless the head of the
contracting activity (or a designee of the head who is in a
position not lower than the supervisor of the contracting
officer) approves the contracting officer's justification with
respect to an individual solicitation that a specified number
greater than 5 is in the Federal Government's interest. The
contracting officer shall provide written documentation of how
a maximum number greater than 5 is consistent with the purposes
and objectives of the two-phase selection procedures.''; and
(3) by adding at the end the following new subsection:
``(f) Annual Reports.--
``(1) In general.--Not later than November 30 of each of
the years 2016 through 2020, the head of each agency shall
submit to the Director of the Office of Management and Budget
an annual report containing each instance in which the agency
awarded a design-build contract pursuant to section 3309 of
this title, during the preceding fiscal year in which--
``(A) more than 5 finalists were selected for
phase-two requests for proposals; or
``(B) the contract was awarded without using two-
phase selection procedures.
``(2) Public availability.--The Director of the Office of
Management and Budget shall make available to the public,
including on the Internet, the annual reports described in
paragraph (1), and publish a notice of the availability of each
report in the Federal Register.''.
SEC. 3. IMPROVEMENTS TO THE DESIGN-BUILD CONSTRUCTION PROCESS FOR
DEFENSE CONTRACTS.
Section 2305a of title 10, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Criteria for Use.--
``(1) Contracts with a value of at least $750,000.--Two-
phase selection procedures shall be used for entering into a
contract for the design and construction of a public building,
facility, or work when a contracting officer determines that
the contract has a value of $750,000 or greater.
``(2) Contracts with a value less than $750,000.--For
projects that a contracting officer determines have a value of
less than $750,000, the contracting officer shall make a
determination whether two-phase selection procedures are
appropriate for use for entering into a contract for the design
and construction of a public building, facility, or work when--
``(A) the contracting officer anticipates that 3 or
more offers will be received for the contract;
``(B) design work must be performed before an
offeror can develop a price or cost proposal for the
contract;
``(C) the offeror will incur a substantial amount
of expense in preparing the offer; and
``(D) the contracting officer has considered
information such as--
``(i) the extent to which the project
requirements have been adequately defined;
``(ii) the time constraints for delivery of
the project;
``(iii) the capability and experience of
potential contractors;
``(iv) the suitability of the project for
use of the two-phase selection procedures;
``(v) the capability of the agency to
manage the two-phase selection process; and
``(vi) other criteria established by the
agency.'';
(2) by striking the second sentence in subsection (d) and
inserting the following: ``The maximum number specified in the
solicitation shall not be greater than 5 unless the head of the
contracting activity (or a designee of the head who is in a
position not lower than the supervisor of the contracting
officer) approves the contracting officer's justification with
respect to an individual solicitation that a specified number
greater than 5 is in the Federal Government's interest.''; and
(3) by adding at the end the following new subsection:
``(g) Annual Reports.--
``(1) In general.--Not later than November 30 of each of
the years 2016 through 2020, the Secretary of Defense shall
submit to the Director of the Office of Management and Budget
an annual report containing each instance in which the agency
awarded a design-build contract pursuant to section 2305a of
this title, during the preceding fiscal year in which--
``(A) more than 5 finalists were selected for
phase-two requests for proposals; or
``(B) the contract was awarded without using two-
phase selection procedures.
``(2) Public availability.--The Director of the Office of
Management and Budget shall make available to the public,
including on the Internet, the annual reports described in
paragraph (1), and publish a notice of the availability of each
report in the Federal Register.''.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
Not later than 270 days after November 30, 2020, the Comptroller
General of the United States shall issue a report analyzing the
compliance of the various Federal agencies with the requirements of
subsection (g) of section 2305a of title 10, United States Code (as
added by subsection (b)(3)) and subsection (f) of section 3309 of title
41, United States Code (as added by subsection (a)(3)). | Design-Build Efficiency and Jobs Act of 2015 Modifies criteria for the use of design-build selection procedures for civilian and defense contracts for the design and construction of a public building, facility, or work. Requires the use of two-phase selection procedures (i.e., submission of qualifications and then the submission of price and technical proposals in response to a request for proposal) when a contracting officer determines that such a contract has a value of $750,000 or greater. Maintains current criteria for these contracts if a contracting officer determines that they have a value of less than $750,000. Requires the contracting officer to provide written documentation of how more than five finalists in a solicitation for a contract is consistent with the purposes and objectives of the two-phase selection procedures. Requires: (1) executive agencies to report on contracts for which more than five finalists were selected for phase-two requests or for which the contract was awarded without using two-phase selection procedures, and (2) the Government Accountability Office to report on the compliance of such agencies with design-build contract procedures. | {"src": "billsum_train", "title": "Design-Build Efficiency and Jobs Act of 2015"} | 1,604 | 239 | 0.689285 | 1.948729 | 0.872518 | 3.671429 | 7.219048 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Territories Medicare Prescription
Drug Assistance Equity Act of 2015''.
SEC. 2. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES IN PREMIUM AND
COST-SHARING SUBSIDIES UNDER MEDICARE PRESCRIPTION DRUG
PROGRAM.
(a) Medicare Assistance.--Section 1860D-14(a)(3) of the Social
Security Act (42 U.S.C. 1395w-114(a)(3)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``subject to subparagraph (F),'';
(2) in subparagraph (B)(v), in the matter preceding
subclause (I), by striking ``Subject to subparagraph (F), the
Secretary'' and inserting ``The Secretary'';
(3) in subparagraph (C), by adding at the end the following
new sentence: ``In the case of an individual who is not a
resident of the 50 States or the District of Columbia, the
poverty line (as such term is defined in clause (ii)) that
shall apply to such individual shall be the poverty line for
the 48 contiguous States and the District of Columbia.''; and
(4) by striking subparagraph (F).
(b) Medicaid Assistance.--Section 1935 of the Social Security Act
(42 U.S.C. 1396u-5) is amended--
(1) in subsection (c)(1)(A)--
(A) by inserting ``(and each other State for each
month beginning with January 2017)'' after ``January
2006''; and
(B) in clause (i), by inserting ``or (2)(B) (as the
case may be)'' after ``paragraph (2)(A)'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) by amending the heading to read as
follows: ``Computation for 50 states and the
district of columbia''; and
(ii) by striking ``a State described in
paragraph (1)'' and inserting ``one of the 50
States or the District of Columbia'';
(B) in subparagraph (B)--
(i) by striking ``subparagraph (A)'' and
inserting ``subparagraph (A) or (B) (as the
case may be)''; and
(ii) by redesignating such subparagraph as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Computation for territories.--The amount
computed under this paragraph for a State not described
in subparagraph (A) and for a month in a year
(beginning with 2017) is equal to--
``(i) \1/12\ of the product of--
``(I) the amount determined under
subsection (e) for the State for 2016;
and
``(II) 100 percent minus the
highest possible Federal medical
assistance percentage that may be
applied to any of the 50 States for
fiscal year 2015 under section
1905(b)(1); and
``(ii) increased for each year (beginning
with 2017 up to and including the year
involved) by the applicable growth factor
specified in paragraph (4) for that year.'';
and
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``of
such State; and'' and inserting ``of such State
for years before 2017;'';
(ii) in subparagraph (B)--
(I) by inserting ``for periods
before January 1, 2017'' after ``(B)'';
and
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(C) for the first 3 quarters of fiscal year 2017
and for each subsequent fiscal year, the amount
otherwise applied under section 1108(f) for the State
shall be increased by the amount specified in paragraph
(4)(A) for such period or fiscal year.'';
(B) in paragraph (2), by striking ``The Secretary''
and inserting ``For periods before January 2017, the
Secretary'';
(C) in paragraph (3)--
(i) in the heading, by inserting ``before
second quarter of fiscal year 2017'' after
``Increased amount'';
(ii) in subparagraph (A)--
(I) in the matter before clause
(i), by inserting ``or other fiscal
period'' after ``for a year''; and
(II) in clause (i), by inserting
``for such year or period'' after
``subparagraph (B)''; and
(iii) in subparagraph (B)--
(I) in clause (ii), by striking
``or'' at the end;
(II) in clause (iii), by striking
``a subsequent year'' and inserting ``a
subsequent fiscal year (before the
second quarter of fiscal year 2017)'';
(III) in clause (iii), by striking
the period at the end and inserting ``;
and''; and
(IV) by adding at the end the
following:
``(iv) for the first quarter of fiscal year
2017, is equal to 25 percent of the aggregate
amount specified in this subparagraph for the
previous fiscal year increased by the annual
percentage increase specified in section 1860D-
2(b)(6) for the year involved.'';
(D) by striking paragraph (4); and
(E) by inserting after paragraph (3) the following
new paragraph:
``(4) Increased amount beginning with second quarter of
fiscal year 2017.--
``(A) In general.--The amount specified in this
paragraph for a State for the last 3 quarters of fiscal
year 2017 or for a subsequent fiscal year is equal to
the product of--
``(i) the aggregate amount specified in
subparagraph (B) for such period or fiscal
year; and
``(ii) the ratio (as estimated by the
Secretary) of--
``(I) the number of individuals who
are entitled to benefits under part A
or enrolled under part B and who reside
in the State (as determined by the
Secretary based on the most recent
available data before the beginning of
the period or year); to
``(II) the sum of such numbers for
all States that are subject to this
subsection.
``(B) Aggregate amount.--The aggregate amount
specified in this subparagraph for--
``(i) the last 3 quarters of fiscal year
2017, is equal to 3 times the amount specified
in paragraph (3)(B)(iv);
``(ii) fiscal year 2018, is equal to 4
times the amount specified in paragraph
(3)(B)(iv) increased by the same annual
percentage increase as is applied to increases
in the amounts applied for the fiscal year and
State under section 1108(f); or
``(iii) a subsequent fiscal year, is equal
to the aggregate amount specified in this
subparagraph for the previous fiscal year
increased by the same annual percentage
increase as is applied for the fiscal year and
State under section 1108(f).''.
(c) Conforming Amendment.--Section 1108(f) of the Social Security
Act (42 U.S.C. 1308(f)) is amended by striking ``1935(e)(1)(B)'' and
inserting ``1935(e)(1)''.
(d) Effective Dates.--The amendments made by subsection (a) shall
take effect on January 1, 2017, and the amendments made by subsections
(b) and (c) shall take effect on the date of the enactment of this Act. | Territories Medicare Prescription Drug Assistance Equity Act of 2015 This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to make certain income-based subsidies available to Medicare prescription drug program beneficiaries who reside in Puerto Rico or another U.S. territory and are otherwise eligible. Current law makes such beneficiaries ineligible for premium and cost-sharing subsidies, but establishes a process for U.S. territories to apply for financial assistance with respect to the provision of Medicare prescription drugs. The bill retains a process for U.S. territories to apply for such assistance, but alters the formula by which the amount of assistance is calculated. Specifically, the bill phases in modifications to the formula that more closely align how assistance is calculated for U.S. territories with how it is calculated for the 50 states and the District of Columbia. | {"src": "billsum_train", "title": "Territories Medicare Prescription Drug Assistance Equity Act of 2015"} | 1,796 | 243 | 0.514753 | 1.393531 | 0.710875 | 1.442177 | 10.972789 | 0.639456 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Securities Private Enforcement
Reform Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) excessive securities litigation is a serious burden on
the national economy, diverting limited capital resources to
less productive areas;
(2) meritless lawsuits filed under Federal securities laws
are making it harder for American companies to raise capital
and attract experienced members to serve on their boards;
(3) in the past 3 years, issuers of 1 out of every 12
stocks traded on the New York Stock Exchange have been sued for
securities fraud;
(4) in the securities fraud area, the civil justice system
is being transformed into a nonmerit-based, unjust system, in
which professional plaintiffs extract settlements from
entrepreneurs, regardless of the merits of the cases filed;
(5) such securities lawsuits impose additional costs on
publicly traded companies, often force them into bankruptcy,
and create job losses within the economy;
(6) such securities fraud lawsuits stifle the development
of future products by compelling investment bankers and
accounting firms, whose assistance is essential for accessing
capital markets, to resist working with new venture firms
because of the higher risk of litigation associated with them;
and
(7) reform in the securities fraud laws are needed to
ensure that the courts can properly hear and adjudicate
securities fraud cases.
SEC. 3. PRIVATE CIVIL ACTION PROCEDURES.
The Securities Exchange Act of 1934 is amended by inserting after
section 20A (15 U.S.C. 78u-1) the following new section:
``private civil action procedures
``Sec. 20B. (a) Requirement of Proportionate Liability.--
``(1) Limitation on joint and several liability.--A
defendant who is found liable for damages in an implied private
action arising under a provision of this Act may be liable
jointly and severally only if the trier of fact specifically
determines that the defendant engaged in knowing securities
fraud, as defined in paragraph (3).
``(2) Determination of liability.--If the trier of fact
does not find, pursuant to paragraph (1), that the defendant
engaged in knowing securities fraud, the defendant's liability
shall be determined as follows:
``(A) The trier of fact shall determine the
percentage of responsibility of the plaintiff, of each
of the defendants and of each of the other persons or
entities alleged by the parties to have caused or
contributed to the harm alleged by the plaintiff. In
determining the percentages of responsibility, the
trier of fact shall consider both the nature of the
conduct of each person and the nature and extent of the
causal relationship between that conduct and the damage
claimed by the plaintiff.
``(B) For each defendant, the trier of fact shall
then multiply the defendant's percentage of
responsibility by the total amount of damage suffered
by the plaintiff that was caused in whole or in part by
that defendant and shall enter a verdict or judgment
against the defendant in that amount. No defendant
whose liability is determined under this subsection
shall be jointly liable on any judgment entered against
any other party to the action.
``(C) Except where contractual relationship
permits, no defendant whose liability is determined
under this subsection shall have a right to recover
from another defendant any portion of the judgment
entered against him.
``(3) Definition.--A defendant engages in `knowing
securities fraud' only if he (A) makes a material
representation with actual knowledge that the representation is
false or omits to make a statement with actual knowledge that,
as a result of the omission, one of his material
representations is false; and (B) knows that other persons are
likely to rely on that misrepresentation or omission. Reckless
conduct by the defendant shall not constitute `knowing
securities fraud'. The liability in damages, in any, of a
defendant who acts in a reckless manner shall be determined in
accordance with paragraph (3).
``(4) Coverage of provision.--This subsection relates only
to the allocation of damages among defendants. Nothing herein
shall affect the standards for liability under any implied
private action arising under a provision of this Act.
``(b) Awards of Attorney Fees.--
``(1) Authority to award fees.--If the court in any implied
private action arising under this Act enters a final judgment
against a party litigant on the basis of a motion to dismiss,
motion for summary judgment, or a trial on the merits, the
court shall, upon motion by the prevailing party, award the
prevailing party reasonable fees and other expenses incurred by
that party unless the court determines that the position of the
losing party was substantially justified. If the court
determines that the position of the losing party was
substantially justified, it shall not award fees and other
expenses to the prevailing party. The determination whether the
position of the losing party was substantially justified shall
be made on the basis of the record which is made in the civil
action for which fees and other expenses are sought.
``(2) Application for fees.--A party seeking an award of
fees and other expenses shall, within 30 days of a final,
nonappealable judgment in the action, submit to the court an
application for fees and other expenses that verifies that the
party is entitled to such an award under paragraph (1) and the
amount sought, including an itemized statement from any
attorney or expert witness representing or appearing on behalf
of the party stating the actual time expended and the rate at
which fees and other expenses are computed.
``(3) Allocation and size of award.--The court, in its
discretion, may--
``(A) determine whether the amount to be awarded
pursuant to this section shall be awarded against the
unsuccessful party, its attorney, or both; and
``(B) reduce the amount to be awarded pursuant to
this section, or deny an award, to the extent that the
prevailing party during the course of the proceedings
engaged in conduct that unduly and unreasonably
protracted the final resolution of the matter in
controversy.
``(4) Awards in discovery proceedings.--In adjudicating any
motion for an order compelling discovery or any motion for a
protective order made in any implied private action arising
under this Act, the court shall award the prevailing party
reasonable fees and other expenses incurred by the party in
bringing or defending against the motion, including reasonable
attorney fees, unless the court finds that special
circumstances make an award unjust.
``(5) Definitions.--For purposes of this subsection--
``(A) The term `fees and other expenses' includes
the reasonable expenses of expert witnesses, the
reasonable cost of any study, analysis, report, test,
or project which is found by the court to be necessary
for the preparation of the party's case, and reasonable
attorney fees and expenses. The amount of fees awarded
under this section shall be based upon prevailing
market rates for the kind and quality of services
furnished.
``(B) The term `substantially justified' shall have
the same meaning as in section 2412(d)(1) of title 28,
United States Code.
``(c) Abusive Practices..--
``(1) Shares of awards to representative plaintiffs.--In
any implied private action arising under this Act that is
certified as a plaintiff class action pursuant to the Federal
rules of civil procedures, the share of any final judgment or
of any settlement that is awarded to any party serving as a
representative plaintiff shall be calculated in the same manner
as the shares of the final judgment or settlement awarded to
all other members of the plaintiff class.
``(2) Representation of class actions.--(A) In any implied
private action arising under this Act that is certified as a
plaintiff class action pursuant to the Federal rules of civil
procedure, the plaintiff class may not be represented by (i)
any attorney who directly or indirectly owned or otherwise had
a beneficial interest in the securities that are the subject of
the litigation, or (ii) any attorney affiliated with such an
attorney. An attorney who knowingly violates this prohibition
shall be barred from representing any party in any action
arising under this Act or under the Securities Act of 1933.
``(B) In any implied private action arising under this Act
that is certified as a plaintiff class action, an attorney may
not represent the plaintiff class if the attorney has paid or
is obligated to pay a fee to a third party who assisted him in
obtaining the representation of any party to the action. An
attorney who knowingly violates this prohibition shall be
barred from representing any party in any action arising under
this Act or under the Securities Act of 1933.
``(3) Disgorged funds.--(A) Funds disgorged as a result of
any action brought by the Commission in Federal court or of any
Commission administrative action shall not be distributed as
payment for attorney fees or expenses incurred by private
parties seeking distribution of the disgorged funds.
``(B) Any judgment awarded against any person in any
implied private action arising under this Act shall be
diminished by the amounts, if any, that such person has been or
may be required to disgorge, pursuant to a court order obtained
at the instance of the Commission in a proceeding brought under
section 21(d) of this Act, or in connection with any Commission
administrative action, relating to the same alleged misconduct.
``(d) Burden of Proof.--In any implied cause of action arising
under this Act in which the plaintiff may recover money damages only if
it proves that the defendant acted with scienter, the plaintiff must
establish that element of his claim by clear and convincing evidence in
order to establish a right to recover money damages.
``(e) Pleading Requirement.--In any implied cause of action arising
under this Act in which the plaintiff may recover money damages only if
it proves that the defendant acted with scienter, the plaintiff must
allege in its complaint facts suggesting that the defendant acted with
that state of mind.
``(f) Aiding and Abetting Liability.--In any implied cause of
action arising under this Act in which the plaintiff may recover
damages only if it proves that the defendant acted with scienter, a
defendant may be held liable as an aider and abettor only if the
plaintiff proves that the defendant knew that another party had
violated a provision of this Act and that the defendant, acting with
deliberate intent to deceive, manipulate, or defraud for the
defendant's own direct pecuniary benefit, provided substantial
assistance to the other party's violation. Direct pecuniary benefit
shall not include ordinary compensation for services provided.''.
SEC. 4. TIME LIMITATION ON PRIVATE RIGHTS OF ACTION.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by adding at the end the following new section:
``SEC. 36. LIMITATION ON PRIVATE RIGHTS OF ACTION.
``Except as otherwise provided in this Act, any private right of
action arising from a violation of this Act shall be brought not later
than the earlier of--
``(1) 5 years after the date on which such violation
occurred; or
``(2) one year after the date on which the violation was
discovered or should have been discovered through the exercise
of reasonable diligence.''.
SEC. 5. EFFECTIVE DATE.
The provisions of this Act shall apply to all actions commenced on
or after the date of the enactment of this Act. | Securities Private Enforcement Reform Act - Amends the Securities Exchange Act of 1934 to declare that a defendant may be liable jointly and severally for damages in an implied private action only if the trier of fact specifically determines that the defendant knowingly engaged in securities fraud. Sets forth a liability allocation scheme to determine the percentage of responsibility among the defendants if the trier of fact finds that the defendant did not engage in knowing securities fraud.
Prescribes guidelines for the award of reasonable fees and expenses incurred by the prevailing party in any implied private action.
Declares that in any implied right of action that is certified as a plaintiff class action: (1) the share that is awarded to the representative plaintiff shall be calculated in the same manner as the share awarded to all other members of the plaintiff class; (2) a party may not be represented by any attorney who owns or has a beneficial interest in the securities that are the subject of the litigation, or who is obligated to pay remuneration to a third party for assistance in obtaining the representation of any party to the action; and (3) funds disgorged as a result of Securities and Exchange Commission action shall not be distributed as payment for attorneys' fees or expenses incurred by private parties seeking distribution of the disgorged funds.
Sets a statute of limitations on private rights of action under this Act. | {"src": "billsum_train", "title": "Securities Private Enforcement Reform Act"} | 2,525 | 292 | 0.569205 | 1.7122 | 0.83046 | 4.226054 | 9.099617 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Humane Enforcement and Legal
Protections for Separated Children Act'' or the ``HELP Separated
Children Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Apprehension.--The term ``apprehension'' means the
detention, arrest, or custody by officials of the Department of
Homeland Security or cooperating entities.
(2) Child.--The term ``child'' has the meaning given to the
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(3) Child welfare agency.--The term ``child welfare
agency'' means the State or local agency responsible for child
welfare services under subtitles B and E of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting under agreement with, or
at the request of, the Department of Homeland Security.
(5) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used to hold
individuals suspected or found to be in violation of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(6) Immigration enforcement action.--The term ``immigration
enforcement action'' means the apprehension of, detention of,
or request for or issuance of a detainer for, 1 or more
individuals for suspected or confirmed violations of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the
Department of Homeland Security or cooperating entities.
(7) Local education agency.--The term ``local education
agency'' has the meaning given to the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(8) NGO.--The term ``NGO'' means a nongovernmental
organization that provides social services or humanitarian
assistance to the immigrant community.
SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED
ACTIVITIES.
(a) Notification.--
(1) Advance notification.--Subject to paragraph (2), when
conducting any immigration enforcement action, the Department
of Homeland Security and cooperating entities shall notify the
Governor of the State, the local child welfare agency, and
relevant State and local law enforcement before commencing the
action, or, if advance notification is not possible,
immediately after commencing such action, of--
(A) the approximate number of individuals to be
targeted in the immigration enforcement action; and
(B) the primary language or languages believed to
be spoken by individuals at the targeted site.
(2) Hours of notification.--Whenever possible, advance
notification should occur during business hours and allow the
notified entities sufficient time to identify resources to
conduct the interviews described in subsection (b)(1).
(3) Other notification.--When conducting any immigration
action, the Department of Homeland Security and cooperating
entities shall notify the relevant local education agency and
local NGOs of the information described in paragraph (1)
immediately after commencing the action.
(b) Apprehension Procedures.--In any immigration enforcement
action, the Department of Homeland Security and cooperating entities
shall--
(1) as soon as possible and not later than 6 hours after an
immigration enforcement action, provide licensed social workers
or case managers employed or contracted by the child welfare
agency or local NGOs with confidential access to screen and
interview individuals apprehended in such immigration
enforcement action to assist the Department of Homeland
Security or cooperating entity in determining if such
individuals are parents, legal guardians, or primary caregivers
of a child in the United States;
(2) as soon as possible and not later than 8 hours after an
immigration enforcement action, provide any apprehended
individual believed to be a parent, legal guardian, or primary
caregiver of a child in the United States with--
(A) free, confidential telephone calls, including
calls to child welfare agencies, attorneys, and legal
services providers, to arrange for the care of children
or wards, unless the Department of Homeland Security
has reasonable grounds to believe that providing
confidential phone calls to the individual would
endanger public safety or national security; and
(B) contact information for--
(i) child welfare agencies in all 50
States, the District of Columbia, all United
States territories, counties, and local
jurisdictions; and
(ii) attorneys and legal service providers
capable of providing free legal advice or free
legal representation regarding child welfare,
child custody determinations, and immigration
matters;
(3) ensure that personnel of the Department of Homeland
Security and cooperating entities do not--
(A) interview individuals in the immediate presence
of children; or
(B) compel or request children to translate for
interviews of other individuals who are encountered as
part of an immigration enforcement action; and
(4) ensure that any parent, legal guardian, or primary
caregiver of a child in the United States--
(A) receives due consideration of the best
interests of his or her children or wards in any
decision or action relating to his or her detention,
release, or transfer between detention facilities; and
(B) is not transferred from his or her initial
detention facility or to the custody of the Department
of Homeland Security until the individual--
(i) has made arrangements for the care of
his or her children or wards; or
(ii) if such arrangements are impossible,
is informed of the care arrangements made for
the children and of a means to maintain
communication with the children.
(c) Nondisclosure and Retention of Information About Apprehended
Individuals and Their Children.--
(1) In general.--Information collected by child welfare
agencies and NGOs in the course of the screenings and
interviews described in subsection (b)(1) about an individual
apprehended in an immigration enforcement action may not be
disclosed to Federal, State, or local government entities or to
any person, except pursuant to written authorization from the
individual or his or her legal counsel.
(2) Child welfare agency or ngo recommendation.--
Notwithstanding paragraph (1), a child welfare agency or NGO
may--
(A) submit a recommendation to the Department of
Homeland Security or cooperating entities regarding
whether an apprehended individual is a parent, legal
guardian, or primary caregiver who is eligible for the
protections provided under this Act; and
(B) disclose information that is necessary to
protect the safety of the child, to allow for the
application of subsection (b)(4)(A), or to prevent
reasonably certain death or substantial bodily harm.
SEC. 4. ACCESS TO CHILDREN, LOCAL AND STATE COURTS, CHILD WELFARE
AGENCIES, AND CONSULAR OFFICIALS.
(a) In General.--The Secretary of Homeland Security shall ensure
that all detention facilities operated by or under agreement with the
Department of Homeland Security implement procedures to ensure that the
best interest of the child, including the best outcome for the family
of the child, can be considered in any decision and action relating to
the custody of children whose parent, legal guardian, or primary
caregiver is detained as the result of an immigration enforcement
action.
(b) Access to Children, State and Local Courts, Child Welfare
Agencies, and Consular Officials.--At all detention facilities operated
by, or under agreement with, the Department of Homeland Security, the
Secretary of Homeland Security shall--
(1) ensure that individuals who are detained by reason of
their immigration status may receive the screenings and
interviews described in section 3(b)(1) not later than 6 hours
after their arrival at the detention facility;
(2) ensure that individuals who are detained by reason of
their immigration status and are believed to be parents, legal
guardians, or primary caregivers of children in the United
States are--
(A) permitted daily phone calls and regular contact
visits with their children or wards;
(B) able to participate fully, and to the extent
possible in-person, in all family court proceedings and
any other proceeding impacting upon custody of their
children or wards;
(C) able to fully comply with all family court or
child welfare agency orders impacting upon custody of
their children or wards;
(D) provided with contact information for family
courts in all 50 States, the District of Columbia, all
United States territories, counties, and local
jurisdictions;
(E) granted free and confidential telephone calls
to child welfare agencies and family courts;
(F) granted free and confidential telephone calls
and confidential in-person visits with attorneys, legal
representatives, and consular officials;
(G) provided United States passport applications
for the purpose of obtaining travel documents for their
children or wards;
(H) granted adequate time before removal to obtain
passports and other necessary travel documents on
behalf of their children or wards if such children or
wards will accompany them on their return to their
country of origin or join them in their country of
origin; and
(I) provided with the access necessary to obtain
birth records or other documents required to obtain
passports for their children or wards; and
(3) facilitate the ability of detained parents, legal
guardians, and primary caregivers to share information
regarding travel arrangements with their children or wards,
child welfare agencies, or other caregivers well in advance of
the detained individual's departure from the United States.
SEC. 5. MEMORANDA OF UNDERSTANDING.
The Secretary of Homeland Security shall develop and implement
memoranda of understanding or protocols with child welfare agencies and
NGOs regarding the best ways to cooperate and facilitate ongoing
communication between all relevant entities in cases involving a child
whose parent, legal guardian, or primary caregiver has been apprehended
or detained in an immigration enforcement action to protect the best
interests of the child and the best outcome for the family of the
child.
SEC. 6. MANDATORY TRAINING.
The Secretary of Homeland Security, in consultation with the
Secretary of Health and Human Services and independent child welfare
experts, shall require and provide in-person training on the
protections required under sections 3 and 4 to all personnel of the
Department of Homeland Security and of States and local entities acting
under agreement with the Department of Homeland Security who regularly
come into contact with children or parents in the course of conducting
immigration enforcement actions.
SEC. 7. RULEMAKING.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall promulgate regulations to
implement this Act.
SEC. 8. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding. | Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act - Sets forth apprehension procedures for immigration enforcement-related activities engaged in by the Department of Homeland Security (DHS) and cooperating entities, including: (1) providing the governor, local child welfare agencies, and local law enforcement with advance notice of an enforcement activity, if possible; (2) providing child welfare agencies and community organizations access to detained individuals to help DHS identify detainees who have children; (3) permitting detainees with children to make free phone calls to arrange for such children's care; and (4) requiring that the interests of children be considered in decisions regarding detainee release, detention, or transfer.
Directs the Secretary of Homeland Security to: (1) require DHS detention facilities to implement procedures to ensure that child custody and family interests can be considered in any immigration detention action; (2) develop memoranda of understanding with child welfare agencies and community organizations that protect the best interests of children of detained individuals; and (3) provide DHS personnel with appropriate training. | {"src": "billsum_train", "title": "A bill to protect children affected by immigration enforcement actions, and for other purposes."} | 2,393 | 234 | 0.538514 | 1.426361 | 0.929672 | 2.495192 | 10.725962 | 0.899038 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low-Income and Rural School
Program''.
SEC. 2. PROGRAM AUTHORIZED.
(a) Reservations.--From amounts appropriated under section 7 for
this Act for a fiscal year, the Secretary shall reserve \1/2\ of 1
percent to make awards to elementary or secondary schools operated or
supported by the Bureau of Indian Affairs to carry out the purpose of
this Act.
(b) Grants to States.--
(1) In general.--From amounts appropriated under section 7
for this Act that are not reserved under subsection (a), the
Secretary shall award grants for a fiscal year to State
educational agencies that have applications approved under
section 4 to enable the State educational agencies to award
subgrants to eligible local educational agencies for local
authorized activities described in subsection (c)(2).
(2) Allocation.--From amounts appropriated for this Act,
the Secretary shall allocate to each State educational agency
for a fiscal year an amount that bears the same ratio to the
amount of funds appropriated under section 7 for this Act that
are not reserved under subsection (a) as the number of students
in average daily attendance served by eligible local
educational agencies in the State bears to the number of all
such students served by eligible local educational agencies in
all States for that fiscal year.
(3) Direct awards to specially qualified agencies.--
(A) Nonparticipating state.--If a State educational
agency elects not to participate in the program under
this Act or does not have an application approved under
section 4 a specially qualified agency in such State
desiring a grant under this Act shall apply directly to
the Secretary to receive such a grant.
(B) Direct awards to specially qualified
agencies.--The Secretary may award, on a competitive
basis, the amount the State educational agency is
eligible to receive under paragraph (2) directly to
specially qualified agencies in the State.
(c) Local Awards.--
(1) Eligibility.--A local educational agency shall be
eligible to receive funds under this Act if--
(A) 20 percent or more of the children aged 5 to
17, inclusive, served by the local educational agency
are from families with incomes below the poverty line;
and
(B) all of the schools served by the agency are
located in a community with a School Locale code of 6,
7, or 8, as determined by the Secretary of Education.
(2) Uses of funds.--Grant funds awarded to local
educational agencies or made available to schools under this
Act shall be used for--
(A) teacher recruitment and retention, including
the use of signing bonuses and other financial
incentives;
(B) teacher professional development, including
programs that train teachers to utilize technology to
improve teaching and to train special needs teachers;
(C) educational technology, including software and
hardware as described in title III of the Elementary
and Secondary Education Act of 1965; or
(D) programs that promote academic enrichment.
SEC. 3. STATE DISTRIBUTION OF FUNDS.
(a) Award Basis.--A State educational agency shall award grants to
eligible local educational agencies--
(1) on a competitive basis; or
(2) according to a formula based on the number of students
in average daily attendance served by the eligible local
educational agencies or schools (as appropriate) in the State,
as determined by the State.
(b) Administrative Costs.--A State educational agency receiving a
grant under this Act may not use more than 5 percent of the amount of
the grant for State administrative costs.
SEC. 4. APPLICATIONS.
Each State educational agency and specially qualified agency
desiring to receive a grant under this Act shall submit an application
to the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Such application shall
include specific measurable goals and objectives relating to increased
student academic achievement, decreased student drop-out rates, or such
other factors that the State educational agency or specially qualified
agency may choose to measure.
SEC. 5. REPORTS.
(a) State Reports.--Each State educational agency that receives a
grant under this Act shall provide an annual report to the Secretary.
The report shall describe--
(1) the method the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to schools under this Act;
(2) how local educational agencies and schools used funds
provided under this Act; and
(3) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 4.
(b) Specially Qualified Agency Report.--Each specially qualified
agency that receives a grant under this Act shall provide an annual
report to the Secretary. Such report shall describe--
(1) how such agency uses funds provided under this Act; and
(2) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 2(b)(4)(A).
(c) Report to Congress.--The Secretary shall prepare and submit to
the Committee on Education and the Workforce for the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions for the Senate an annual report. The report shall describe--
(1) the methods the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to schools under this Act;
(2) how eligible local educational agencies and schools
used funds provided under this Act; and
(3) progress made in meeting specific measurable
educational goals and objectives.
SEC. 6. DEFINITIONS.
For the purposes of this Act--
(1) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(2) The term ``specially qualified agency'' means an
eligible local educational agency, located in a State that does
not participate in a program under this Act in a fiscal year,
that may apply directly to the Secretary for a grant in such
year in accordance with section 2(b)(4).
(3) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 7. PERFORMANCE REVIEW.
Three years after a State educational agency or specifically
qualified agency receives funds under this Act, the Secretary shall
review the progress of such agency toward achieving the goals and
objectives included in its application to determine if the agency has
made progress toward meeting such goals and objectives. To review the
performance of each agency, the Secretary shall--
(1) review the use of funds of such agency under section
2(c)(2); and
(2) deny the provision of additional funds in subsequent
fiscal years to an agency only if the Secretary determines,
after notice and an opportunity for a hearing, that the
agency's use of funds has been inadequate to justify the
continuation of such funding.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$125,000,000 for fiscal year 2002 and such sums as may be necessary for
each of 4 succeeding fiscal years. | Low-Income and Rural School Program - Establishes a Low-Income and Rural School Program. Directs the Secretary of Education to award formula grants to State educational agencies to make competitive or formula subgrants to certain rural and low-income local educational agencies (LEAs). Authorizes the Secretary to make direct competitive grants to specially qualified LEAs in nonparticipating States. Reserves a portion of program funds for schools operated or supported by the Bureau of Indian Affairs. Requires LEAs or schools to use program grant funds for: (1) teacher recruitment and retention, including signing bonuses and other financial incentives; (2) professional development, including training for special needs teachers and in technology use; (3) educational technology, including software and hardware; or (4) academic enrichment programs. | {"src": "billsum_train", "title": "To provide grants to certain rural local educational agencies."} | 1,541 | 171 | 0.527124 | 1.301535 | 0.911847 | 2.851351 | 10.114865 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Frills Prison Act''.
SEC. 2. ELIMINATION OF LUXURIOUS PRISON CONDITIONS.
(a) States.--Section 20102(a) of the Violent Crime Control and Law
Enforcement Act of 1994 is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by redesignating existing paragraph (2) as
subparagraph (B);
(3) by redesignating existing subparagraphs (A)
through (D) as clauses (i) through (iv) respectively;
(4) by redesignating existing clauses (i) and (ii)
as subclauses (I) and (II);
(5) by striking the period at the end and inserting
``; and''; and
(6) by adding at the end the following:
``(2) provides living conditions and opportunities to
prisoners within its prisons that are not more luxurious than
those conditions and opportunities the average prisoner would
have experienced if such prisoner were not incarcerated, and
does not provide to any such prisoner--
``(A)(i) earned good time credits;
``(ii) less than 40 hours a week of work that
either offsets or reduces the expenses of keeping the
prisoner or provides resources toward restitution of
victims;
``(iii) unmonitored phone calls, except when
between the prisoner and the prisoner's immediate
family or legal counsel;
``(iv) in-cell television viewing;
``(v) the viewing of R, X, or NC-17 rated movies,
through whatever medium presented;
``(vi) possession of any pornographic materials;
``(vii) any instruction (live or through
broadcasts) or training equipment for boxing,
wrestling, judo, karate, or other martial art, or any
bodybuilding or weightlifting equipment of any sort;
``(viii) except for use during required work, the
use or possession of any electric or electronic musical
instrument, or practice on any musical instrument for
more than one hour a day;
``(ix) use of personally owned computers or modems;
``(x) possession of in-cell coffee pots, hot
plates, or heating elements;
``(xi) any living or work quarters into which the
outside view is obstructed;
``(xii) food exceeding in quality or quantity that
which is available to enlisted personnel in the United
States Army;
``(xiii) dress or hygiene, grooming and appearance
other than those allowed as uniform or standard in the
prison; or
``(xiv) equipment or facilities at public expense
for publishing or broadcasting content not previously
approved by prison officials as consistent with prison
order and prisoner discipline; and
``(B) in the case of a prisoner who is serving a sentence
for a crime of violence which resulted in serious bodily injury
to another--
``(i) housing other than in separate cell blocks
intended for violent prisoners and designed to emphasis
punishment rather than rehabilitation;
``(ii) less than 9 hours a day of physical labor,
with confinement to cell for any refusing to engage in
that labor, but a prisoner not physically able to do
physical labor may be assigned to alternate labor;
``(iii) any temporary furlough, leave, excursion,
or other release from the prison for any purpose,
unless the prisoner remains at all times under physical
or mechanical restraints, such as handcuffs, and under
the constant escort and immediate supervision of a
least one armed correctional officer;
``(iv) any viewing of television;
``(v) any inter-prison travel for competitive
sports, whether as a participant or spectator;
``(vi) more than one hour a day spent in sports or
exercise; or''.
``(vii) possession of personal property exceeding
75 pounds in total weight or that cannot be stowed in a
standard size United States military issue duffel
bag.''.
(b) Federal.--
(1) Generally.--The Attorney General shall by rule
establish conditions in the Federal prison system that, as
nearly as may be, are the same as those conditions required in
State prisons under section 20102(a) of the Violent Crime
Control and Law Enforcement Act of 1994 as amended by this
section.
(2) Conforming Amendment.--Section 3624 of title 18, United
States Code, is amended by striking subsection (b). | No Frills Prison Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for truth in sentencing incentive grants, to demonstrate that it: (1) provides living conditions and opportunities within its prisons that are not more luxurious than those that the average prisoner would have experienced if not incarcerated; (2) does not provide to any such prisoner specified benefits or privileges, including earned good time credits, less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims, unmonitored phone calls (with exceptions), in-cell television viewing, possession of pornographic materials, instruction or training equipment for any martial art or bodybuilding or weightlifting equipment, or dress or hygiene other than as is uniform or standard in the prison; and (3) in the case of a prisoner serving a sentence for a crime of violence which resulted in serious bodily injury to another, does not provide housing other than in separate cell blocks intended for violent prisoners, less than nine hours a day of physical labor (with exceptions), any release from the prison for any purpose unless under physical or mechanical restraint and under constant supervision of at least one armed correctional officer, or any viewing of television.
Directs the Attorney General to establish conditions in the Federal prison system that are, as nearly as possible, the same as those required in State prisons under this Act. | {"src": "billsum_train", "title": "No Frills Prison Act"} | 1,017 | 323 | 0.646627 | 2.111053 | 0.824673 | 4.09894 | 3.321555 | 0.925795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Debris Act Amendments of
2016''.
SEC. 2. NOAA MARINE DEBRIS PROGRAM.
Subsection (b) of section 3 of the Marine Debris Act (33 U.S.C.
1952(b)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5)(C), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(6) work with other Federal agencies to develop outreach
and education strategies to address both land- and sea-based
sources of marine debris; and
``(7) work with the Department of State and other Federal
agencies to promote international action to reduce the
incidence of marine debris.''.
SEC. 3. ASSISTANCE FOR SEVERE MARINE DEBRIS EVENTS.
Section 3 of the Marine Debris Act (33 U.S.C. 1952) is amended by
adding at the end the following new subsection:
``(d) Assistance for Severe Marine Debris Events.--
``(1) In general.--At the discretion of the Administrator
or at the request of the Governor of an affected State, the
Administrator shall determine whether there is a severe marine
debris event.
``(2) Assistance.--If the Administrator makes a
determination under paragraph (1) that there is a severe marine
debris event, the Administrator is authorized to make sums
available to be used by the affected State or by the
Administrator in cooperation with the affected State--
``(A) to assist in the cleanup and response
required by the severe marine debris event; or
``(B) such other activity as the Administrator
determines is appropriate in response to the severe
marine debris event.
``(3) Federal share.--The Federal share of the cost of any
activity carried out under the authority of this subsection
shall not exceed 75 percent of the cost of that activity.''.
SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL ENGAGEMENT TO RESPOND TO
MARINE DEBRIS.
It is the sense of Congress that the President should--
(1) work with representatives of foreign countries that
produce the largest amounts of unmanaged municipal solid waste
that reaches the ocean to learn about, and find solutions to,
the contributions of such countries to marine debris in the
world's oceans;
(2) carry out studies to determine--
(A) the primary means by which solid waste enters
the oceans;
(B) the manner in which waste management
infrastructure can be most effective in preventing
debris from reaching the oceans;
(C) the long-term economic impacts of marine debris
on the national economies of each country set out in
paragraph (1) and on the global economy; and
(D) the economic benefits of decreasing the amount
of marine debris in the oceans;
(3) work with representatives of foreign countries that
produce the largest amounts of unmanaged municipal solid waste
that reaches the ocean to conclude one or more new
international agreements--
(A) to mitigate the risk of land-based marine
debris contributed by such countries reaching an ocean;
and
(B) to increase technical assistance and investment
in waste management infrastructure, if the President
determines appropriate; and
(4) consider the benefits and appropriateness of having a
senior official of the Department of State serve as a permanent
member of the Interagency Marine Debris Coordinating Committee
established under section 5 of the Marine Debris Act (33 U.S.C.
1954).
SEC. 5. INCLUSION OF DEPARTMENT OF STATE ON THE INTERAGENCY MARINE
DEBRIS COORDINATING COMMITTEE.
Section 5(b) of the Marine Debris Act (33 U.S.C. 1954(b)) is
amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) the Department of State; and''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 9 of the Marine Debris Act (33 U.S.C. 1958) is amended to
read as follows:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for each fiscal year 2017
through 2021--
``(1) to the Administrator for carrying out sections 3, 5,
and 6, $10,000,000, of which no more than 10 percent may be for
administrative costs; and
``(2) to the Secretary of the Department in which the Coast
Guard is operating, for the use of the Commandant of the Coast
Guard in carrying out section 4, $2,000,000, of which no more
than 10 percent may be used for administrative costs.''.
Passed the Senate December 10 (legislative day, December
9), 2016.
Attest:
Secretary.
114th CONGRESS
2d Session
S. 3086
_______________________________________________________________________
AN ACT
To reauthorize and amend the Marine Debris Act to promote international
action to reduce marine debris and for other purposes. | Marine Debris Act Amendments of 2016 (Sec. 2) This bill amends the Marine Debris Act to revise the Marine Debris Program by requiring the National Oceanic and Atmospheric Administration (NOAA) to work with: (1) other agencies to address both land- and sea-based sources of marine debris, and (2) the Department of State and other agencies to promote international action to reduce the incidence of marine debris. (Sec. 3) The bill also revises the program by allowing NOAA to make sums available for assisting in the cleanup and response required by severe marine debris events. (Sec. 4) The bill urges the President to: (1) work with foreign countries that produce the largest amounts of unmanaged municipal solid waste that reaches the ocean in order to find solution to the marine debris; and (2) study issues related to marine debris, including the economic impacts of marine debris. (Sec. 5) The Interagency Marine Debris Coordinating Committee must expand to include a senior official from the Department of State. (Sec. 6) This bill reauthorizes through FY2021: (1) the Marine Debris Program, (2) an information clearinghouse on marine debris, and (3) enforcement of laws about discarded marine debris from ships. | {"src": "billsum_train", "title": "Marine Debris Act Amendments of 2016"} | 1,143 | 281 | 0.654986 | 1.881066 | 0.830525 | 3.058091 | 4.6639 | 0.86722 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission for Comprehensive Review
of the Federal Aviation Administration Act''.
SEC. 2. COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Commission for Comprehensive Review of the Federal Aviation
Administration (referred to in this section as the ``Commission'').
(b) Functions.--The functions of the Commission shall be--
(1) to review existing and alternative options for
organizational structure of air traffic services, including a
government corporation and incentive based fees for services;
(2) to provide recommendations for any necessary changes in
structure of the Federal Aviation Administration so that it
will be able to support the future growth in the national
aviation and airport system; except that the Commission may
only recommend changes to the structure and organization of the
Federal Aviation Administration that are within the existing
structure of the Federal Government;
(3) to review air traffic management system performance and
to identify appropriate levels of cost accountability for air
traffic management services;
(4) to review aviation safety and make recommendations for
the long-term improvement of safety; and
(5) to make additional recommendations that would advance
more efficient and effective Federal Aviation Administration
for the benefit of the general traveling public and the
aviation transportation industry.
(c) Membership.--
(1) Appointments.--The Commission shall be composed of 24
members appointed by the President as follows:
(A) 8 individuals with no personal or business
financial interest in the airline or aerospace industry
to represent the traveling public. Of these, 1 shall be
a nationally recognized expert in finance, 1 in
corporate management and 1 in human resources
management.
(B) 6 individuals from the airline industry. Of
these, 1 shall be from a major national air carrier, 1
from an unaffiliated regional air carrier, 1 from a
cargo air carrier, 1 from the Aircraft Owners and
Pilots Association, and 1 from the National Association
of State Aviation Officials.
(C) 3 individuals representing labor and
professional associations. Of these, 1 shall be from
National Air Traffic Controllers Association, 1 from
the Air Line Pilots Association, and 1 from the
Professional Airways Systems Specialists.
(D) 2 individuals representing airports and airport
authorities. Of these, 1 shall be represent a large hub
airport.
(E) 1 individual representing the aerospace and
aircraft manufacturers industries.
(F) 1 individual from the Department of Defense.
(G) 1 individual from the National Aeronautics and
Space Administration.
(H) 2 individuals from the Department of
Transportation. Of these, 1 shall be from the Federal
Aviation Administration and 1 from the Office of the
Secretary of Transportation.
(2) Terms.--Each member shall be appointed for a term of 18
months.
(d) First Meeting.--The Commission may conduct its first meeting as
soon as a majority of the members of the Commission are appointed.
(e) Hearings and Consultation.--
(1) Hearings.--The Commission shall take such testimony and
solicit and receive such comments from the public and other
interested parties as it considers appropriate, shall conduct
at least 2 public hearings after affording adequate notice to
the public thereof, and may conduct such additional hearings as
may be necessary.
(2) Consultation.--The Commission shall consult on a
regular and frequent basis with the Secretary of
Transportation, the Secretary of Defense, the Committee on
Commerce, Science, and Transportation, the Committee on
Appropriations and the Committee on Finance of the Senate, and
the Committee on Transportation and Infrastructure, the
Committee on Appropriations and the Committee on Ways and Means
of the House of Representatives.
(3) FACA not to apply.--The Commission shall not be
considered an advisory committee for purposes of the Federal
Advisory Committee Act (5 U.S.C. App.).
(f) Access to Documents and Staff.--The Federal Aviation
Administration may give the Commission appropriate access to relevant
documents and personnel and shall make available, consistent with the
authority to withhold commercial and other proprietary information
under section 552 of title 5, United States Code (commonly known as the
``Freedom of Information Act''), cost data associated with the
acquisition and operation of air traffic service systems. Any member of
the Commission who receives commercial or other proprietary data from
the Federal Aviation Administration shall be subject to the provisions
of section 1905 of title 18, United States Code, pertaining to
unauthorized disclosure of such information.
(g) Travel and Per Diem.--Each member of the Commission shall be
paid actual travel expenses, and per diem in lieu of subsistence
expenses when away from such member's usual place of residence, in
accordance with section 5703 of title 5, United States Code.
(h) Detail of Personnel From the Federal Aviation Administration.--
The Administrator of the Federal Aviation Administration shall make
available to the Commission such staff, administrative services, and
other personnel assistance as may reasonably be required to enable the
Commission to carry out its responsibilities under this section.
SEC. 3. REPORT OF THE COMMISSION.
(a) Report to Congress.--Not later than 30 days after receiving the
final report of the Commission and in no event more than 1 year after
the date of the enactment of this Act, the Secretary of Transportation,
after consulting the Secretary of Defense, shall transmit a report to
the Committees on Commerce, Science, and Transportation,
Appropriations, and Finance of the Senate and the Committees on
Transportation and Infrastructure, Appropriations, and Ways and Means
of the House of Representatives.
(b) Contents.--The Secretary shall include in the report to
Congress under subsection (a) a final report of findings and
recommendations of the Commission under section 2(b), including any
necessary changes to current law to carry out these recommendations in
the form of proposed legislation.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. | Commission for Comprehensive Review of the Federal Aviation Administration Act - Establishes the Commission for Comprehensive Review of the Federal Aviation Administration to: (1) review existing and alternative options for organizational structure of air traffic services, including a Government corporation and incentive based fees for services; (2) provide recommendations for any necessary changes in structure of the Federal Aviation Administration (FAA) so that it will be able to support the future growth in the national aviation and airport system; (3) review aviation safety and make recommendations for the long-term improvement of safety; and (4) make additional recommendations that would advance a more efficient and effective FAA for the benefit of the general traveling public and the aviation transportation industry. | {"src": "billsum_train", "title": "To establish a commission to review the Federal Aviation Administration."} | 1,266 | 140 | 0.657151 | 1.804902 | 0.763106 | 6.773723 | 8.934307 | 0.978102 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing and Reducing Improper
Medicare and Medicaid Expenditures to Restore Integrity to Benefits Act
of 2015''.
SEC. 2. STRENGTHENING MEDICAID PROGRAM INTEGRITY THROUGH FLEXIBILITY.
Section 1936 of the Social Security Act (42 U.S.C. 1396u-6) is
amended--
(1) in subsection (a), by inserting ``, or otherwise,''
after ``entities''; and
(2) in subsection (e)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``(including the costs
of equipment, salaries and benefits, and travel and
training)'' after ``Program under this section''; and
(B) in paragraph (3), by striking ``by 100'' and
inserting ``by 100, or such number as determined
necessary by the Secretary to carry out the Program,''.
SEC. 3. ESTABLISHING MEDICARE ADMINISTRATIVE CONTRACTOR ERROR REDUCTION
INCENTIVES.
(a) In General.--Section 1874A(b)(1)(D) of the Social Security Act
(42 U.S.C. 1395kk-1(b)(1)(D)) is amended--
(1) by striking ``quality.--The Secretary'' and inserting
``quality.--
``(i) In general.--Subject to clauses (ii)
and (iii), the Secretary''; and
(2) by inserting after clause (i), as added by paragraph
(1), the following new clauses:
``(ii) Improper payment rate reduction
incentives.--The Secretary shall provide
incentives for medicare administrative
contractors to reduce the improper payment
error rates in their jurisdictions.
``(iii) Incentives.--The incentives
provided for under clause (ii)--
``(I) may include a sliding scale
of award fee payments and additional
incentives to medicare administrative
contractors that either reduce the
improper payment rates in their
jurisdictions to certain thresholds, as
determined by the Secretary, or
accomplish tasks, as determined by the
Secretary, that further improve payment
accuracy; and
``(II) may include substantial
reductions in award fee payments under
cost-plus-award-fee contracts, for
medicare administrative contractors
that reach an upper end improper
payment rate threshold or other
threshold as determined by the
Secretary, or fail to accomplish tasks,
as determined by the Secretary, that
further improve payment accuracy.''.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall apply to contracts entered into or renewed on or after
the date that is 3 years after the date of enactment of this
Act.
(2) Application to existing contracts.--In the case of
contracts in existence on or after the date of the enactment of
this Act and that are not subject to the effective date under
paragraph (1), the Secretary of Health and Human Services
shall, when appropriate and practicable, seek to apply the
incentives provided for in the amendments made by subsection
(a) through contract modifications.
SEC. 4. STRENGTHENING PENALTIES FOR THE ILLEGAL DISTRIBUTION OF A
MEDICARE, MEDICAID, OR CHIP BENEFICIARY IDENTIFICATION OR
BILLING PRIVILEGES.
Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b))
is amended by adding at the end the following:
``(4) Whoever without lawful authority knowingly and
willfully purchases, sells or distributes, or arranges for the
purchase, sale, or distribution of a beneficiary identification
number or unique health identifier for a health care provider
under title XVIII, title XIX, or title XXI shall be imprisoned
for not more than 10 years or fined not more than $500,000
($1,000,000 in the case of a corporation), or both.''.
SEC. 5. IMPROVING THE SHARING OF DATA BETWEEN THE FEDERAL GOVERNMENT
AND STATE MEDICAID PROGRAMS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a plan
to encourage and facilitate the participation of States in the
Medicare-Medicaid Data Match Program (commonly referred to as the
``Medi-Medi Program'') under section 1893(g) of the Social Security Act
(42 U.S.C. 1395ddd(g)).
(b) Program Revisions To Improve Medi-Medi Data Match Program
Participation by States.--Section 1893(g)(1)(A) of the Social Security
Act (42 U.S.C. 1395ddd(g)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting ``or
otherwise'' after ``eligible entities'';
(2) in clause (i)--
(A) by inserting ``to review claims data'' after
``algorithms''; and
(B) by striking ``service, time, or patient'' and
inserting ``provider, service, time, or patient'';
(3) in clause (ii)--
(A) by inserting ``to investigate and recover
amounts with respect to suspect claims'' after
``appropriate actions''; and
(B) by striking ``; and'' and inserting a
semicolon;
(4) in clause (iii), by striking the period and inserting
``; and''; and
(5) by adding at the end the following new clause:
``(iv) furthering the Secretary's design,
development, installation, or enhancement of an
automated data system architecture--
``(I) to collect, integrate, and
assess data for purposes of program
integrity, program oversight, and
administration, including the Medi-Medi
Program; and
``(II) that improves the
coordination of requests for data from
States.''.
(c) Providing States With Data on Improper Payments Made for Items
or Services Provided to Dual Eligible Individuals.--
(1) In general.--The Secretary shall develop and implement
a plan that allows each State agency responsible for
administering a State plan for medical assistance under title
XIX of the Social Security Act access to relevant data on
improper or fraudulent payments made under the Medicare program
under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) for health care items or services provided to dual
eligible individuals.
(2) Dual eligible individual defined.--In this section, the
term ``dual eligible individual'' means an individual who is
entitled to, or enrolled for, benefits under part A of title
XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), or
enrolled for benefits under part B of title XVIII of such Act
(42 U.S.C. 1395j et seq.), and is eligible for medical
assistance under a State plan under title XIX of such Act (42
U.S.C. 1396 et seq.) or under a waiver of such plan.
SEC. 6. REPORT ON IMPLEMENTATION.
Not later than 18 months after the date of the enactment of this
Act, the Secretary of Health and Human Services shall submit to
Congress a report on the implementation of the provisions of, and the
amendments made by--
(1) this Act; and
(2) sections 506 and 507 of the Medicare Access and CHIP
Reauthorization Act of 2015 (Public Law 114-10). | Preventing and Reducing Improper Medicare and Medicaid Expenditures to Restore Integrity to Benefits Act of 2015 This bill amends title XIX (Medicaid) of the Social Security Act to make several changes related to the prevention of Medicaid fraud. With respect to the Medicaid Integrity Program (MIP), the bill: (1) specifies that program appropriations may cover costs of equipment, travel, training, and salaries and benefits; and (2) allows the Department of Health and Human Services (HHS) flexibility in determining the number of additional staff necessary to carry out the program. (MIP is a federal program aimed at preventing and reducing provider fraud, waste, and abuse in the Medicaid program.) Under current law, HHS may contract with Medicare administrative contractors (MACs), which are private insurers that process Medicare claims within specified geographic jurisdictions. The bill requires HHS to provide specified incentives for MACs to reduce improper payment error rates within their jurisdictions. The bill establishes criminal penalties of up to 10 years imprisonment and up to $500,000 in fines for illegally purchasing or distributing Medicare, Medicaid, or Children's Health Insurance Program (CHIP) beneficiary identification or billing privileges. The bill increases the scope of the Medicare-Medicaid Data Match Program (Medi-Medi Program), an existing program through which contractors and participating governmental agencies collaboratively analyze Medicare and Medicaid billing trends. HHS must establish a plan to encourage states to participate in the Medi-Medi Program. HHS shall develop and implement a plan to allow states to access relevant data on improper or fraudulent payments made under the Medicare program on behalf of individuals dually eligible for both Medicare and Medicaid. | {"src": "billsum_train", "title": "Preventing and Reducing Improper Medicare and Medicaid Expenditures to Restore Integrity to Benefits Act of 2015"} | 1,778 | 410 | 0.487354 | 1.508004 | 0.695899 | 2.359477 | 4.797386 | 0.79085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Assurance Act of
1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Increasingly, children are raised in families with only
1 parent present, usually the mother, and these single-parent
families are 5 times as likely to be poor as 2-parent families.
(2) The failure of noncustodial parents to pay their fair
share of child support is a significant contributor to poverty
among single-parent families.
(3) In 1990, there was a $33,700,000,000 gap between the
amount of child support that was received and the amount that
could have been collected.
(4) In 1991, the aggregate child support income deficit was
$5,800,000,000.
(5) As of spring 1992, only 54 percent, or 6,200,000, of
custodial parents received awards of child support. Of the
6,200,000 custodial parents awarded child support, 5,300,000
were supposed to receive child support payments in 1991.
Approximately \1/2\ of the parents due child support received
full payment; the remaining \1/2\ were divided equally between
those receiving partial payment (24 percent) and those
receiving nothing (25 percent).
(6) Custodial parents who are poor are much more likely to
receive no child support. Of the 3,700,000 custodial parents
who were poor in 1991, over \3/4\ received no child support.
Only 34 percent of poor custodial parents had child support
awards and were supposed to receive child support payments in
1991. Of those parents, only 40 percent received full payment,
29 percent received partial payment, and 32 percent received
nothing.
(7) The percentage of poor women who were awarded child
support in 1991, 39 percent, was significantly lower than the
65 percent award rate for nonpoor women.
(8) Families fare better with child support than without
that support. In 1991, 43 percent of custodial parents who did
not have child support orders were poor.
(9) In 1991, the average total money income of custodial
parents receiving child support due was 21 percent higher than
that received by parents who did not receive child support due
and was 45 percent higher than that received by custodial
parents with no child support award at all.
(b) Purposes.--The purposes of this Act are to enable participating
States to establish child support assurance systems in order to improve
the economic circumstances of children who do not receive a minimum
level of child support in a given month from the noncustodial parents
of such children, to strengthen the establishment and enforcement of
child support awards, and to promote work by custodial and noncustodial
parents.
SEC. 3. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means an individual who is
of such an age, disability, or educational status as to be
eligible for child support as provided for by law.
(2) Eligible child.--The term ``eligible child'' means a
child--
(A) who is not currently receiving cash assistance
under the State program funded under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.);
(B) who meets the eligibility requirements
established by the State for participation in a project
administered under this section; and
(C) who is the subject of a support order, as
defined in section 453(p) of the Social Security Act
(42 U.S.C. 653(p)), or for which good cause exists, as
determined by the appropriate State agency under
section 454(29)(A) of such Act (42 U.S.C. 654(29)(A)),
for not having or pursuing a support order.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. ESTABLISHMENT OF CHILD SUPPORT ASSURANCE DEMONSTRATION
PROJECTS.
(a) Demonstrations Authorized.--The Secretary shall make grants to
not less than 3 and not more than 5 States to conduct demonstration
projects for the purpose of establishing or improving a system of an
assured minimum child support payment to an eligible child in
accordance with this section.
(b) Application and Selection.--
(1) Application requirements.--An application for a grant
under this section shall be submitted by the Chief Executive
Officer of a State and shall--
(A) contain a description of the proposed child
support assurance project to be established,
implemented, or improved using amounts provided under
this section, including the level of the assured
minimum child support payment to be provided and the
agencies that will be involved;
(B) specify whether the project will be carried out
throughout the State or in limited areas of the State;
(C) specify the level of income, if any, at which a
recipient or applicant will be ineligible for an
assured minimum child support payment under the
project;
(D) estimate the number of children who will be
eligible for assured minimum child support payments
under the project;
(E) contain a description of the work requirements,
if any, for noncustodial parents whose children are
participating in the project;
(F) contain a commitment by the State to carry out
the project during a period of not less than 3 and not
more than 5 consecutive fiscal years beginning with
fiscal year 1998; and
(G) contain such other information as the Secretary
may require by regulation.
(2) Selection criteria.--The Secretary shall consider
geographic diversity in the selection of States to conduct a
demonstration project under this section, and any other
criteria that the Secretary determines will contribute to the
achievement of the purposes of this Act.
(c) Use of Funds.--A State shall use amounts provided under a grant
awarded under this section to carry out a child support assurance
project that is designed to provide a minimum monthly child support
payment for each eligible child participating in the project to the
extent that such minimum child support is not paid in a month by the
noncustodial parent.
(d) Treatment of Child Support Payment.--Any assured minimum child
support payment received by an individual under this Act shall be
considered child support for purposes of determining the treatment of
such payment under--
(1) the Internal Revenue Code of 1986; and
(2) any eligibility requirements for any means-tested
program of assistance.
(e) Duration.--A demonstration project conducted under this section
shall commence on October 1, 1997, and shall be conducted for not less
than 3 and not more than 5 consecutive fiscal years, except that the
Secretary may terminate a project before the end of such period if the
Secretary determines that the State conducting the project is not in
compliance with the terms of the application approved by the Secretary
under this section.
(f) Evaluations and Reports.--
(1) State evaluations.--
(A) In general.--Each State administering a
demonstration project under this section shall--
(i) provide for evaluation of the project,
meeting such conditions and standards as the
Secretary may require; and
(ii) submit to the Secretary reports, at
the times and in the formats as the Secretary
may require, and containing any information (in
addition to the information required under
subparagraph (B)) as the Secretary may require.
(B) Required information.--A report submitted under
subparagraph (A)(ii) shall include information on and
analysis of the effect of the project with respect to--
(i) the amount of child support collected
for project recipients;
(ii) the economic circumstances and work
efforts of custodial parents;
(iii) the work efforts of noncustodial
parents;
(iv) the rate of compliance by noncustodial
parents with support orders;
(v) project recipients' need for assistance
under means-tested assistance programs other
than the project administered under this
section; and
(vi) any other matters that the Secretary
may specify.
(C) Methodology.--Information required under this
paragraph shall be collected through the use of
scientifically acceptable sampling methods.
(2) Reports to congress.--The Secretary shall, on the basis
of reports received from States administering projects under
this section, submit interim reports, and, not later than 6
months after the conclusion of all projects administered under
this section, a final report to Congress. A report submitted
under this paragraph shall contain an assessment of the
effectiveness of the State projects administered under this
section and any recommendations for legislative action that the
Secretary considers appropriate.
(g) Funding Limits; Pro Rata Reductions of State Matching.--
(1) Funds available.--There shall be available to the
Secretary, from amounts made available to carry out part D of
title IV of the Social Security Act, for purposes of carrying
out demonstration projects under this section, amounts not to
exceed--
(A) $27,000,000 for fiscal year 1998;
(B) $55,000,000 for fiscal year 1999; and
(C) $70,000,000 for each of fiscal years 2000
through 2003.
(2) Pro rata reductions.--The Secretary shall make pro rata
reductions in the amounts otherwise payable to States under
this section as necessary to comply with the funding limitation
specified in paragraph (1).
SEC. 5. MANDATORY REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS FOR
TANF RECIPIENTS.
Section 466(a)(10) of the Social Security Act (42 U.S.C.
666(a)(10)) is amended--
(1) in subparagraph (A)(i), by striking ``or, if there is
an assignment under part A, upon the request of the State
agency under the State plan or of either parent,''; and
(2) by adding at the end the following:
``(D) Mandatory 3-year review for part a
assignments.--Procedures under which the State shall
conduct the review under subparagraph (A) and make any
appropriate adjustments under such subparagraph not
less than every 3 years in the case of an assignment
under part A.''. | Child Support Assurance Act of 1997 - Directs the Secretary of Health and Human Services to award grants to between three and five States for demonstration projects to implement or improve a system of assured minimum child support payments.
Sets forth program requirements. Requires the Secretary to report to the Congress on the effectiveness of such projects.
Amends the Social Security Act to mandate State-prescribed procedures for the triennial review and adjustment of child support orders. | {"src": "billsum_train", "title": "Child Support Assurance Act of 1997"} | 2,184 | 96 | 0.374943 | 0.925681 | 0.225392 | 2.470588 | 23.8 | 0.847059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Executive Board
Authorization Act of 2009''.
SEC. 2. FEDERAL EXECUTIVE BOARDS.
(a) In General.--Chapter 11 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 1106. Federal Executive Boards
``(a) Purposes.--The purposes of this section are to--
``(1) strengthen the coordination of Government activities;
``(2) facilitate interagency collaboration to improve the
efficiency and effectiveness of Federal programs;
``(3) facilitate communication and collaboration on Federal
emergency preparedness and continuity of operations for the
Federal workforce in applicable geographic areas; and
``(4) provide stable funding for Federal Executive Boards.
``(b) Definitions.--In this section:
``(1) Agency.--The term `agency'--
``(A) means an Executive agency as defined under
section 105; and
``(B) shall not include the Government
Accountability Office.
``(2) Director.--The term `Director' means the Director of
the Office of Personnel Management.
``(3) Federal executive board.--The term `Federal Executive
Board' means an interagency entity established by the Director,
in consultation with the headquarters of appropriate agencies,
in a geographic area with a high concentration of Federal
employees outside the Washington, D.C. metropolitan area to
strengthen the management and administration of agency
activities and coordination among local Federal officers to
implement national initiatives in that geographic area.
``(c) Establishment.--
``(1) In general.--The Director shall establish Federal
Executive Boards in geographic areas outside the Washington,
D.C. metropolitan area. Before establishing Federal Executive
Boards that are not in existence on the date of enactment of
this section, the Director shall consult with the headquarters
of appropriate agencies to determine the number and location of
the Federal Executive Boards.
``(2) Membership.--Each Federal Executive Board for a
geographic area shall consist of an appropriate senior officer
for each agency in that geographic area. The appropriate senior
officer may designate, by title of office, an alternate
representative who shall attend meetings and otherwise
represent the agency on the Federal Executive Board in the
absence of the appropriate senior officer. An alternate
representative shall be a senior officer in the agency.
``(3) Location of federal executive boards.--In determining
the location for the establishment of Federal Executive Boards,
the Director shall consider--
``(A) whether a Federal Executive Board exists in a
geographic area on the date of enactment of this
section;
``(B) whether a geographic area has a strong,
viable, and active Federal Executive Association;
``(C) whether the Federal Executive Association of
a geographic area petitions the Director to become a
Federal Executive Board; and
``(D) such other factors as the Director and the
headquarters of appropriate agencies consider relevant.
``(d) Administration and Oversight.--
``(1) In general.--The Director shall provide for the
administration and oversight of Federal Executive Boards,
including--
``(A) establishing staffing policies in
consultation with the headquarters of agencies
participating in Federal Executive Boards;
``(B) designating an agency to staff each Federal
Executive Board based on recommendations from that
Federal Executive Board;
``(C) establishing communications policies for the
dissemination of information to agencies;
``(D) in consultation with the headquarters of
appropriate agencies, establishing performance
standards for the Federal Executive Board staff;
``(E) developing accountability initiatives to
ensure Federal Executive Boards are meeting performance
standards; and
``(F) administering Federal Executive Board funding
through the fund established in subsection (f).
``(2) Staffing.--In making designations under paragraph
(1)(B), the Director shall give preference to agencies staffing
Federal Executive Boards.
``(e) Governance and Activities.--
``(1) In general.--Each Federal Executive Board shall--
``(A) subject to the approval of the Director,
adopt by-laws or other rules for the internal
governance of the Federal Executive Board;
``(B) elect a Chairperson from among the members of
the Federal Executive Board, who shall serve for a set
term;
``(C) serve as an instrument of outreach for the
national headquarters of agencies relating to agency
activities in the geographic area;
``(D) provide a forum for the exchange of
information relating to programs and management methods
and problems--
``(i) between the national headquarters of
agencies and the field; and
``(ii) among field elements in the
geographic area;
``(E) develop local coordinated approaches to the
development and operation of programs that have common
characteristics;
``(F) communicate management initiatives and other
concerns from Federal officers and employees in the
Washington, D.C. area to Federal officers and employees
in the geographic area to achieve better mutual
understanding and support;
``(G) develop relationships with State and local
governments and nongovernmental organizations to help
fulfill the roles and responsibilities of that Board;
``(H) in coordination with appropriate agencies and
consistent with any relevant memoranda of understanding
between the Office of Personnel Management and such
agencies, facilitate communication, collaboration, and
training to prepare the Federal workforce for
emergencies and continuity of operations; and
``(I) take other actions as agreed to by the
Federal Executive Board and the Director.
``(2) Coordination of certain activities.--The facilitation
of communication, collaboration, and training described under
paragraph (1)(H) shall, when appropriate, be coordinated and
defined through memoranda of understanding entered into between
the Director and headquarters of appropriate agencies.
``(f) Funding.--
``(1) Establishment of fund.--The Director shall establish
a fund within the Office of Personnel Management for financing
essential Federal Executive Board functions--
``(A) including basic staffing and operating
expenses; and
``(B) excluding the costs of the Office of
Personnel Management relating to administrative and
oversight activities conducted under subsection (d).
``(2) Deposits.--There shall be deposited in the fund
established under paragraph (1) contributions from the
headquarters of each agency participating in Federal Executive
Boards, in an amount determined by a formula established by the
Director, in consultation with the headquarters of such
agencies and the Office of Management and Budget.
``(3) Contributions.--
``(A) Formula.--The formula for contributions
established by the Director shall consider the number
of employees in each agency in all geographic areas
served by Federal Executive Boards. The contribution of
the headquarters of each agency to the fund shall be
recalculated at least every 2 years.
``(B) In-kind contributions.--At the sole
discretion of the Director, the headquarters of an
agency may provide in-kind contributions instead of
providing monetary contributions to the fund.
``(4) Use of excess amounts.--Any unobligated and
unexpended balances in the fund which the Director determines
to be in excess of amounts needed for essential Federal
Executive Board functions shall be allocated by the Director,
in consultation with the headquarters of agencies participating
in Federal Executive Boards, among the Federal Executive Boards
for the activities under subsection (e) and other priorities,
such as conducting training.
``(5) Administrative and oversight costs.--The Office of
Personnel Management shall pay for costs relating to
administrative and oversight activities conducted under
subsection (d) from appropriations made available to the Office
of Personnel Management.
``(g) Reports.--The Director shall submit annual reports to
Congress and agencies on Federal Executive Board program outcomes and
budget matters.
``(h) Regulations.--The Director shall prescribe regulations
necessary to carry out this section.''.
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the Director of the Office of Personnel Management shall
submit a report to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and Government
Reform of the House of Representatives that includes--
(1) a description of essential Federal Executive Board
functions;
(2) details of basic staffing requirements for each Federal
Executive Board;
(3) estimates of basic staffing and operating expenses for
each Federal Executive Board; and
(4) a comparison of basic staffing and operating expenses
for Federal Executive Boards operating before the date of
enactment of this Act and such expenses for Federal Executive
Boards after the implementation of this Act.
(c) Technical and Conforming Amendments.--The table of sections for
chapter 11 of title 5, United States Code, is amended by inserting
after the item relating to section 1105 the following:
``1106. Federal Executive Boards.''.
Passed the Senate November 5, 2009.
Attest:
NANCY ERICKSON,
Secretary. | Federal Executive Board Authorization Act of 2009 - Requires the Director of the Office of Personnel Management (OPM) to establish Federal Executive Boards, which are defined as interagency entities established in a geographic area with a high concentration of federal employees outside the Washington, D.C. metropolitan area to strengthen the management and administration of agency activities and coordination among local federal officers to implement national initiatives in that area. Requires each Board for a geographic area to consist of a senior officer for each agency in that area.
Requires the Director to: (1) consider specified factors in determining the location for establishment of such Boards, such as whether a geographic area has a strong, viable, and active Federal Executive Association and whether such Association petitions to become a Board; and (2) provide for the administration and oversight of such Boards, including by establishing staffing and communications policies and performance standards for Board staff.
Requires each Board to: (1) serve as an instrument of outreach for the national headquarters of agencies relating to agency activities in the geographic area; (2) provide a forum for the exchange of information relating to programs and management methods and problems between the national headquarters of agencies and the field; (3) develop local coordinated approaches to the development and operation of programs that have common characteristics; (4) communicate management initiatives and other concerns from federal officers and employees in the Washington, D.C. area to federal officers and employees in the geographic area to achieve better mutual understanding and support; (5) develop relationships with state and local governments and nongovernmental organizations to help fulfill the roles and responsibilities of that Board; and (6) facilitate communication, collaboration, and training to prepare the federal workforce for emergencies and continuity of operations.
Requires the Director to: (1) establish a fund within OPM for financing essential Board functions, into which contributions from the headquarters of each participating agency shall be deposited; (2) submit annual reports to Congress and agencies on Board program outcomes and budget matters; and (3) report to specified congressional committees on essential Board functions, staffing requirements, and staffing and operating expenses. | {"src": "billsum_train", "title": "A bill to provide for the establishment, administration, and funding of Federal Executive Boards, and for other purposes."} | 1,924 | 439 | 0.698742 | 2.205998 | 0.875142 | 4.563725 | 4.544118 | 0.965686 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rim of the Valley Corridor
Preservation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Santa Monica Mountains National Recreation Area was
authorized as a unit of the National Park System on November
10, 1978;
(2) the Santa Monica Mountains and the Rim of the Valley
Corridor include a diverse range of nationally significant
natural and cultural resources;
(3) expanding the Santa Monica Mountains National
Recreation Area would provide new opportunities for the
National Park Service to serve a broad range of urban
communities, including many communities that are--
(A) underrepresented in units of the National Park
System; and
(B) underserved by State and local parks;
(4) the Santa Susana Field Laboratory is located in the
Simi Hills in southeastern Ventura County, California, within
the external boundaries of the Rim of the Valley Corridor;
(5) activities at the Santa Susana Field Laboratory have--
(A) included rocket engine testing and research and
development of fuels, propellants, nuclear power, and
lasers; and
(B) resulted in releases of radioactive and
hazardous substances into the environment that require
cleanup;
(6) in 2010, the California Department of Toxic Substances
Control, the Department of Energy, and the National Aeronautics
and Space Administration entered into administrative orders on
consent for the cleanup of contamination in soil to background
levels on the portions of the Santa Susana Field Laboratory
covered by the orders, with certain limited specified
exceptions; and
(7) Congress expects that a comparable cleanup will occur
on the remaining portion of the Santa Susana Field Laboratory,
such that the cleanup on the remaining portion will be
protective of all allowable uses under Ventura County,
California, zoning and general plan designations for the Santa
Susana Field Laboratory in effect as of December 7, 2016.
SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National Parks
and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended, in the
first sentence, by striking ```Santa Monica Mountains National
Recreation Area and Santa Monica Mountains Zone, California, Boundary
Map', numbered 80,047-C and dated August 2001'' and inserting ```Rim of
the Valley Unit_Santa Monica Mountains National Recreation Area' and
dated June 2016''.
(b) Rim of the Valley Unit.--Section 507 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the
end the following:
``(u) Rim of the Valley Unit.--
``(1) Definitions.--In this subsection:
``(A) State.--The term `State' means the State of
California.
``(B) Unit.--The term `Unit' means the Rim of the
Valley Unit included within the boundaries of the
recreation area, as depicted on the map described in
subsection (c)(1).
``(C) Utility facility.--The term `utility
facility' means--
``(i) electric substations, communication
facilities, towers, poles, and lines;
``(ii) ground wires;
``(iii) communications circuits;
``(iv) other utility structures; and
``(v) related infrastructure.
``(D) Water resource facility.--The term `water
resource facility' means--
``(i) irrigation and pumping facilities;
``(ii) dams and reservoirs;
``(iii) flood control facilities;
``(iv) water conservation works, including
debris protection facilities, sediment
placement sites, rain gauges, and stream
gauges;
``(v) water quality, recycled water, and
pumping facilities;
``(vi) conveyance distribution systems;
``(vii) water treatment facilities;
``(viii) aqueducts;
``(ix) canals;
``(x) ditches;
``(xi) pipelines;
``(xii) wells;
``(xiii) hydropower projects;
``(xiv) transmission facilities; and
``(xv) other ancillary facilities,
groundwater recharge facilities, water
conservation, water filtration plants, and
other water diversion, conservation,
groundwater recharge, storage, and carriage
structures.
``(2) Boundary revision.--Not later than 3 years after the
date of enactment of this subsection, the Secretary shall
update the general management plan for the recreation area to
reflect the boundaries designated on the map referred to in
subsection (c)(1) to include the area known as the `Rim of the
Valley Unit'.
``(3) Administration.--Subject to valid existing rights,
the Secretary shall administer the Unit and any land or
interest in land acquired by the United States and located
within the boundaries of the Unit--
``(A) as part of the recreation area; and
``(B) in accordance with--
``(i) this section; and
``(ii) applicable laws (including
regulations).
``(4) Acquisition of land.--
``(A) In general.--The Secretary may acquire non-
Federal land within the boundaries of the Unit only
through exchange, donation, or purchase from a willing
seller.
``(B) Use of eminent domain.--Nothing in this
subsection authorizes the use of eminent domain to
acquire land or interests in land within the boundaries
of the Unit.
``(5) Outside activities.--The fact that certain activities
or land uses can be seen or heard from within the Unit shall
not preclude the activities or land uses outside the boundary
of the Unit.
``(6) Exclusion of certain land.--Notwithstanding any other
provision of law, no portion of the Santa Susana Field
Laboratory shall be considered for inclusion in the Unit until
the later of the date on which--
``(A) cleanup of soil at the Santa Susana Field
Laboratory has been completed in full compliance with
the cleanup standards specified in the administrative
orders on consent entered into by the California
Department of Toxic Substances Control, the Department
of Energy, and the National Aeronautics and Space
Administration on December 6, 2010, as the cleanup
standards are defined in the orders on that date, such
that all contamination in soil is cleaned up to
background levels; and
``(B) cleanup of soil for any portion of the Santa
Susana Field Laboratory not covered by the orders
described in subparagraph (A) that is comparable to the
cleanup required for the portions of the laboratory
under the orders has been completed in a manner that
meets the cleanup standards for all allowable uses in
the Ventura County, California, zoning and general plan
land use designations for the Santa Susana Field
Laboratory in effect as of December 7, 2016.
``(7) Effect of subsection.--Nothing in this subsection or
the application of the applicable management plan to the Unit--
``(A) modifies any provision of Federal, State, or
local law with respect to public access to, or use of,
non-Federal land;
``(B) creates any liability, or affects any
liability under any other law, of any private property
owner or other owner of non-Federal land with respect
to any person injured on private property or other non-
Federal land;
``(C) allows for the creation of protective
perimeters or buffer zones outside of the Unit;
``(D) affects the ownership, management, or other
rights relating to any non-Federal land (including any
interest in any non-Federal land);
``(E) requires any unit of local government to
participate in any program administered by the
Secretary;
``(F) alters, modifies, or diminishes any right,
responsibility, power, authority, jurisdiction, or
entitlement of the State, any political subdivision of
the State, or any State or local agency under existing
Federal, State, or local law (including regulations);
``(G) requires or promotes the use of, or
encourages trespass on, land, facilities, and rights-
of-way owned by non-Federal entities, including water
resource facilities and public utilities, without the
written consent of the owner of the land;
``(H) affects the operation, maintenance,
modification, construction, or expansion of any water
resource facility or utility facility located within or
adjacent to the Unit;
``(I) terminates the fee title to land, or the
customary operation, maintenance, repair, and
replacement activities on or under the land, granted to
public agencies that are authorized under Federal or
State law; or
``(J) interferes with, obstructs, hinders, or
delays the exercise of any right to or access to any
water resource facility or other facility or property
necessary or useful to access any water right to
operate any public water or utility system.
``(8) Utility facilities; water resource facilities.--A
utility facility or water resource facility shall conduct
activities in a manner that reasonably avoids or reduces the
impact of the activities on the resources of the Unit.''. | Rim of the Valley Corridor Preservation Act This bill adjusts the boundary of the Santa Monica Mountains National Recreation Area in California as depicted on a specified map to include the area known as the Rim of the Valley Unit. The unit, and any lands or interests acquired by the United States and located within its boundaries, shall be administered as part of the recreation area. The Department of the Interior may acquire only through exchange, donation, or purchase from a willing seller any nonfederal land within the boundaries of the unit. Nothing in this bill authorizes the use of eminent domain to acquire lands or interests within the boundaries of the unit. No part of the Santa Susana Field Laboratory shall be considered for inclusion in the unit until specified cleanups of soil at the laboratory have been completed. | {"src": "billsum_train", "title": "Rim of the Valley Corridor Preservation Act"} | 2,039 | 169 | 0.556652 | 1.693533 | 0.759731 | 4.276316 | 12.578947 | 0.907895 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Reauthorization Act
of 1999''.
(b) Reference.--Whenever in this Act a section or other provision
is amended or repealed, such amendment or repeal shall be considered to
be made to that section or other provision of the Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act of 1994 (Public
Law 103-449; 16 U.S.C. 461 note).
SEC. 2. FINDINGS.
Section 102 of the Act is amended--
(1) in paragraph (1), by inserting ``and the Commonwealth of
Massachusetts'' after ``State of Connecticut'';
(2) by striking paragraph (2) and redesignating paragraphs (3)
through (9) as paragraphs (2) through (8), respectively; and
(3) in paragraph (3) (as so redesignated), by inserting ``New
Haven,'' after ``Hartford,''.
SEC. 3. ESTABLISHMENT OF QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL
HERITAGE CORRIDOR; PURPOSE.
(a) Establishment.--Section 103(a) of the Act is amended by
inserting ``and the Commonwealth of Massachusetts'' after ``State of
Connecticut''.
(b) Purpose.--Section 103(b) of the Act is amended to read as
follows:
``(b) Purpose.--It is the purpose of this title to provide
assistance to the State of Connecticut and the Commonwealth of
Massachusetts, their units of local and regional government and
citizens in the development and implementation of integrated natural,
cultural, historic, scenic, recreational, land, and other resource
management programs in order to retain, enhance, and interpret the
significant features of the lands, water, structures, and history of
the Quinebaug and Shetucket Rivers Valley.''.
SEC. 4. BOUNDARIES AND ADMINISTRATION.
(a) Boundaries.--Section 104(a) of the Act is amended--
(1) by inserting ``Union,'' after ``Thompson,''; and
(2) by inserting after ``Woodstock'' the following: ``in the
State of Connecticut, and the towns of Brimfield, Charlton, Dudley,
E. Brookfield, Holland, Oxford, Southbridge, Sturbridge, and
Webster in the Commonwealth of Massachusetts, which are contiguous
areas in the Quinebaug and Shetucket Rivers Valley, related by
shared natural, cultural, historic, and scenic resources''.
(b) Administration.--Section 104 of the Act is amended by adding at
the end the following:
``(b) Administration.--
``(1) In general.--(A) The Corridor shall be managed by the
management entity in accordance with the management plan, in
consultation with the Governor and pursuant to a compact with the
Secretary.
``(B) The management entity shall amend its by-laws to add the
Governor of Connecticut (or the Governor's designee) and the
Governor of the Commonwealth of Massachusetts (or the Governor's
designee) as a voting members of its Board of Directors.
``(C) The management entity shall provide the Governor with an
annual report of its activities, programs, and projects. An annual
report prepared for any other purpose shall satisfy the
requirements of this paragraph.
``(2) Compact.--To carry out the purposes of this Act, the
Secretary shall enter into a compact with the management entity.
The compact shall include information relating to the objectives
and management of the Corridor, including, but not limited to, each
of the following:
``(A) A delineation of the boundaries of the Corridor.
``(B) A discussion of goals and objectives of the Corridor,
including an explanation of the proposed approaches to
accomplishing the goals set forth in the management plan.
``(C) A description of the role of the State of Connecticut
and the Commonwealth of Massachusetts.
``(3) Authorities of management entity.--For the purpose of
achieving the goals set forth in the management plan, the
management entity may use Federal funds provided under this Act--
``(A) to make grants to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions,
nonprofit organizations, and other persons;
``(B) to enter into cooperative agreements with or provide
technical assistance to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions,
nonprofit organizations, and other persons;
``(C) to hire and compensate staff; and
``(D) to contract for goods and services.
``(4) Prohibition on acquisition of real property.--The
management entity may not use Federal funds received under this Act
to acquire real property or any interest in real property.''.
SEC. 5. STATES CORRIDOR PLAN.
Section 105 of the Act is amended--
(1) by striking subsections (a) and (b);
(2) by redesignating subsection (c) as subsection (a);
(3) in subsection (a) (as so redesignated)--
(A) by striking the first sentence and all that follows
through ``Governor,'' and inserting the following: ``The
management entity shall implement the management plan. Upon
request of the management entity,''; and
(B) in paragraph (5), by striking ``identified pursuant to
the inventory required by section 5(a)(1)''; and
(4) by adding at the end the following:
``(b) Grants and Technical Assistance.--For the purposes of
implementing the management plan, the management entity may make grants
or provide technical assistance to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions, nonprofit
organizations, and other persons to further the goals set forth in the
management plan.''.
SEC. 6. DUTIES OF THE SECRETARY.
Section 106 of the Act is amended--
(1) in subsection (a)--
(A) by striking ``Governor'' each place it appears and
inserting ``management entity'';
(B) by striking ``preparation and''; and
(C) by adding at the end the following: ``Such assistance
shall include providing funds authorized under section 109 and
technical assistance necessary to carry out this Act.''; and
(2) by amending subsection (b) to read as follows:
``(b) Termination of Authority.--The Secretary may not make any
grants or provide any assistance under this Act after September 30,
2009.''.
SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES.
Section 107 of the Act is amended by striking ``Governor'' and
inserting ``management entity''.
SEC. 8. DEFINITIONS.
Section 108 of the Act is amended--
(1) in paragraph (1), by inserting before the period the
following: ``and the Commonwealth of Massachusetts''.
(2) in paragraph (3), by inserting before the period the
following: ``and the Governor of the Commonwealth of
Massachusetts'';
(3) in paragraph (5), by striking ``each of'' and all that
follows and inserting the following: ``the Northeastern Connecticut
Council of Governments, the Windham Regional Council of
Governments, and the Southeastern Connecticut Council of
Governments in Connecticut, (or their successors), and the Pioneer
Valley Regional Planning Commission and the Southern Worcester
County Regional Planning Commission (or their successors) in
Massachusetts.''; and
(4) by adding at the end the following:
``(6) The term `management plan' means the document approved by
the Governor of the State of Connecticut on February 16, 1999, and
adopted by the management entity, entitled `Vision to Reality: A
Management Plan', the management plan for the Corridor, as it may
be amended or replaced from time-to-time.
``(7) The term `management entity' means Quinebaug-Shetucket
Heritage Corridor, Inc., a not-for-profit corporation (or its
successor) incorporated in the State of Connecticut.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 109 of the Act is amended to read as follows:
``SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated under
this title not more than $1,000,000 for any fiscal year. Not more than
a total of $10,000,000 may be appropriated for the Corridor under this
title after the date of the enactment of the Quinebaug and Shetucket
Rivers Valley National Heritage Corridor Reauthorization Act of 1999.
``(b) Fifty Percent Match.--Federal funding provided under this
title may not exceed 50 percent of the total cost of any assistance or
grant provided or authorized under this title.''.
SEC. 10. CONFORMING AMENDMENTS.
(a) Long Title.--The long title of the Act is amended to read as
follows: ``An Act to establish the Quinebaug and Shetucket Rivers
Valley National Heritage Corridor in the State of Connecticut and the
Commonwealth of Massachusetts, and for other purposes.''.
(b) Heading.--The heading for section 110 of the Act is amended by
striking ``service'' and inserting ``system''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Names Quinebaug- Shetucket Heritage Corridor, Inc. the management entity for the Corridor, with authority to make grants, enter into cooperative agreements with, or provide technical assistance to the States, local governments, nonprofit organizations, and other persons to further the goals set forth in the management plan adopted by the Governor of Connecticut on February 16, 1999.
Requires the management entity to amend its by-laws to add the Governors of Connecticut and of Massachusetts (or their designees) as voting members of its Board of Directors.
Requires the Secretary of the Interior to enter into a compact with the management entity.
Prohibits the use of Federal funds received under such Act to acquire real property or any interest in real property.
Terminates the Secretary's authority to make grants or provide any assistance at the end of FY 2009.
Specifies regional planning organizations in Massachusetts which shall be involved in preserving the Corridor and ensuring appropriate use of lands and structures throughout it.
Increases the authorization of appropriations, and makes it permanent, although with a maximum total that may be appropriated overall. | {"src": "billsum_train", "title": "Quinebaug and Shetucket Rivers Valley National Heritage Corridor Reauthorization Act of 1999"} | 2,154 | 243 | 0.550493 | 1.716882 | 0.703754 | 3.541063 | 9.285024 | 0.884058 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Estate Tax Reform
Act of 2001''.
(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. INCREASE IN AMOUNT OF UNIFIED CREDIT AGAINST ESTATE AND GIFT
TAXES.
(a) In General.--Subsection (c) of section 2010 (relating to
unified credit against estate tax) is amended to read as follows:
``(c) Applicable Credit Amount.--For purposes of this section--
``(1) In general.--The applicable credit amount is the
amount of the tentative tax which would be determined under the
rate schedule set forth in section 2001(c) if the amount with
respect to which such tentative tax is to be computed were the
applicable exclusion amount.
``(2) Applicable exclusion amount.--The applicable
exclusion amount is equal to the sum of--
``(A) the decedent's exclusion amount, plus
``(B) in the case of a decedent described in
paragraph (4), the unused spousal exclusion amount.
``(3) Decedent's exclusion amount.--For purposes of
paragraph (2)(A), the decedent's exclusion amount is determined
in accordance with the following table:
``In the case of estates of decedents
The decedent's
dying, and gifts made, during:
exclusion amount is:
2002............................... $1,000,000
2003............................... $1,125,000
2004............................... $1,250,000
2005............................... $1,500,000
2006 or thereafter................. $2,000,000.
``(4) Unused spousal exclusion amount.--With respect to a
decedent whose immediately predeceased spouse died after
December 31, 2001, the unused spousal exclusion amount for such
decedent is equal to the excess of--
``(A) the applicable exclusion amount allowable
under this subsection to the estate of such immediately
predeceased spouse, over
``(B) the applicable exclusion amount allowed under
this section to the estate of such immediately
predeceased spouse.''
(b) Effective Date.--The amendment made by this section shall apply
to the estates of decedents dying, and gifts made, after December 31,
2001.
SEC. 3. INCREASE IN QUALIFIED FAMILY-OWNED BUSINESS INTEREST DEDUCTION
AMOUNT.
(a) In General.--Paragraph (2) of section 2057(a) (relating to
family-owned business interests) is amended to read as follows:
``(2) Maximum deduction.--
``(A) In general.--The deduction allowed by this
section shall not exceed the sum of--
``(i) the decedent's deduction amount, plus
``(ii) in the case of a decedent described
in subparagraph (C), the unused spousal
deduction amount.
``(B) Decedent's deduction amount.--For purposes of
this subparagraph (A)(i), the decedent's deduction
amount is determined in accordance with the following
table:
``In the case of estates of decedents
The decedent's
dying during:
deduction amount is:
2002............................... $875,000
2003............................... $1,375,000
2004............................... $1,875,000
2005............................... $2,375,000
2006 or thereafter................. $3,375,000.
``(C) Unused spousal deduction amount.--With
respect to a decedent whose immediately predeceased
spouse died after December 31, 2001, and the estate of
such immediately predeceased spouse met the
requirements of subsection (b)(1), the unused spousal
deduction amount for such decedent is equal to the
excess of--
``(i) the decedent's deduction amount
allowable under this section to the estate of
such immediately predeceased spouse, over
``(ii) the decedent's deduction amount
allowed under this section to the estate of
such immediately predeceased spouse.''
(b) Conforming Amendments.--Section 2057(a)(3)(B) is amended--
(1) by striking ``$675,000'' both places it appears and
inserting ``the decedent's deduction amount'', and
(2) by striking ``$675,000'' in the heading and inserting
``decedent's deduction amount''.
(c) Effective Date.--The amendment made by this section shall apply
to the estates of decedents dying, and gifts made, after December 31,
2001. | Estate Tax Reform Act of 2001 - Amends the Internal Revenue Code to: (1) provide for incremental increases in the unified credit against the estate and gift taxes (currently, $700,000 for 2002) going from $ 1million for 2002 to $ 2 million by 2006; and (2) increase incrementally the current maximum family-owned business deduction amount ($675,000) to new maximum amounts that will be equal to the sum of the decedent's deduction amount ($3.375 million by 2006) and the unused spousal deduction amount (defined). | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to increase the unified credit exemption and the qualified family-owned business interest deduction, and for other purposes."} | 1,093 | 116 | 0.545891 | 1.479404 | 0.56457 | 1.742857 | 8.628571 | 0.809524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kenny Callahan Act''.
SEC. 2. WAIVER OF SOCIAL SECURITY DISABILITY WAITING PERIOD FOR
BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL
BENEFICIARIES.
(a) Disability Insurance Benefits.--Section 223(a) of the Social
Security Act (42 U.S.C. 423(a)) is amended--
(1) in paragraph (1), by inserting in the matter following
subparagraph (E) ``the individual meets the requirements of
paragraph (3) or'' after ``but only if''; and
(2) by adding at the end the following new paragraph:
``(3)(A) For purposes of paragraph (1), an individual meets the
requirements of this paragraph if--
``(i) the impairment underlying a finding that the
individual is under a disability results in his death prior to
the end of the applicable period (as defined in subparagraph
(B)), or
``(ii) in any case not described in clause (i)--
``(I) in the case in which the finding that the
individual is under a disability is made before the end
of the applicable period, the Commissioner determines
that, at the time such finding is made, the impairment
underlying such finding is expected to result in the
individual's death prior to the end of such period, or
``(II) in the case in which such finding is made
after the end of the applicable period, the
Commissioner determines that, at any time during such
period, such impairment was expected to result in the
individual's death prior to the end of such period.
``(B) For purposes of subparagraph (A), the term `applicable
period' means, in connection with any impairment by reason of which an
individual is under a disability, the period of six consecutive
calendar months commencing with the first calendar month commencing
while such individual is under such disability.''.
(b) Widow's Insurance Benefits Based on Disability.--Section 202(e)
of such Act (42 U.S.C. 402(e)) is amended--
(1) in paragraph (1)(F)(ii), by inserting ``she meets the
requirements of paragraph (5)(C) or'' after ``but only if'';
and
(2) in paragraph (5), by adding at the end the following
new subparagraph:
``(C)(i) For purposes of paragraph (1)(F)(ii), an individual meets
the requirements of this subparagraph if--
``(I) the impairment underlying a finding that she is under
a disability results in her death prior to the end of the
applicable period (as defined in clause (ii)), or
``(II) in any case not described in subclause (I)--
``(aa) in the case in which the finding that she is
under a disability is made before the end of the
applicable period, the Commissioner determines that, at
the time such finding is made, the impairment
underlying such finding is expected to result in her
death prior to the end of such period, or
``(bb) in the case in which such finding is made
after the end of the applicable period, the
Commissioner determines that, at any time during such
period, such impairment was expected to result in her
death prior to the end of such period.
``(ii) For purposes of clause (i), the term `applicable period'
means, in connection with any impairment by reason of which an
individual is under a disability, the period of six consecutive
calendar months commencing with the first calendar month commencing
while such individual is under such disability.''.
(c) Widower's Insurance Benefits Based on Disability.--Section
202(f) of such Act (42 U.S.C. 402(f)) is amended--
(1) in paragraph (1)(F)(ii), by inserting ``he meets the
requirements of paragraph (5)(C) or'' after ``but only if'';
and
(2) in paragraph (5), by adding at the end the following
new subparagraph:
``(C)(i) For purposes of paragraph (1)(F)(ii), an individual meets
the requirements of this subparagraph if--
``(I) the impairment underlying a finding that he is under
a disability results in his death prior to the end of the
applicable period (as defined in clause (ii)), or
``(II) in any case not described in subclause (I)--
``(aa) in the case in which the finding that he is
under a disability is made before the end of the
applicable period, the Commissioner determines that, at
the time such finding is made, the impairment
underlying such finding is expected to result in his
death prior to the end of such period, or
``(bb) in the case in which such finding is made
after the end of the applicable period, the
Commissioner determines that, at any time during such
period, such impairment was expected to result in his
death prior to the end of such period.
``(ii) For purposes of clause (i), the term `applicable period'
means, in connection with any impairment by reason of which an
individual is under a disability, the period of six consecutive
calendar months commencing with the first calendar month commencing
while such individual is under such disability.''.
(d) Commencement of Period of Disability.--Section 216(i)(2)(A) of
such Act (42 U.S.C. (i)(2)(A)) is amended--
(1) by inserting ``(i)'' after ``(2)(A)'';
(2) by inserting ``(I) the individual meets the
requirements of clause (ii), or (II)'' after ``but only if'';
and
(3) by adding at the end the following new clauses:
``(ii) For purposes of clause (i)(I), an individual meets the
requirements of this clause if--
``(I) the impairment underlying a finding that such
individual is under a disability (as defined in paragraph (1))
results in such individual's death prior to the end of the
applicable period (as defined in clause (iii)), or
``(II) in any case not described in subclause (I)--
``(aa) in the case in which the finding that the
individual is under a disability is made before the end
of the applicable period, the Commissioner determines
that, at the time such finding is made, the impairment
underlying such finding is expected to result in the
individual's death prior to the end of such period, or
``(bb) in the case in which such finding is made
after the end of the applicable period, the
Commissioner determines that, at any time during such
period, such impairment was expected to result in the
individual's death prior to the end of such period.
``(iii) For purposes of clause (ii), the term `applicable period'
means, in connection with any impairment by reason of which an
individual is under a disability, the period of six consecutive
calendar months commencing with the first calendar month commencing
while such individual is under such disability.''.
SEC. 3. WAIVER OF MEDICARE DISABILITY WAITING PERIOD FOR BENEFITS BASED
ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES.
(a) In General.--Section 226 of the Social Security Act (42 U.S.C.
426) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j)(1) With respect to an individual who meets the requirements
of paragraph (2) and who would be entitled to benefits under subsection
(b) but for the 24-month waiting period under subsection (b)(2), the
following special rules apply:
``(A) Subsection (b) shall be applied as if there were no
requirement for any entitlement to benefits, or status, for a
period longer than one month.
``(B) The entitlement under such subsection shall begin
with the first month (rather than twenty-fifth month) of
entitlement or status.
``(C) Subsection (f) shall not be applied.
``(2)(A) Subject to subparagraph (C), an individual meets the
requirements of this paragraph if--
``(i) the impairment underlying a finding under this title
that the individual is under a disability results in the
individual's death before the end of the applicable period (as
defined in subparagraph (B)); or
``(ii) in the case where such finding is made--
``(I) before the end of the applicable period, the
Commissioner determines that, at the time such finding
is made, such impairment is expected to result in the
individual's death before the end of such period; or
``(II) after the end of such period, the
Commissioner determines that, at any time during such
period, such impairment was expected to result in the
individual's death before the end of such period.
``(B) For purposes of subparagraph (A), the term `applicable
period' means, in connection with any impairment by reason of which an
individual is under a disability, the period of 12 consecutive calendar
months commencing with the first calendar month commencing while such
individual is under such disability.
``(C) An individual described in subparagraph (A) shall not
continue to be treated as meeting the requirements of this paragraph
after the end of the 12-month period described in subparagraph (B)
unless, before the end of such period, the individual requests an
extension of such treatment and the Commissioner determines that the
impairment involved is expected to result in the individual's death
before the end of the 12-consecutive-month period immediately following
the applicable period.''.
(b) Conforming Amendment.--Section 1837 of such Act (42 U.S.C.
1395p) is amended by adding at the end the following new subsection:
``(l) In applying this section in the case of an individual who is
entitled to benefits under part A pursuant to the operation of section
226(j), the following special rules apply:
``(1) The initial enrollment period under subsection (d)
shall begin on the first day of the first month in which the
individual satisfies the requirement of section 1836(1).
``(2) In applying subsection (g)(1), the initial enrollment
period shall begin on the first day of the first month of
entitlement to disability insurance benefits referred to in
such subsection.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
applications filed on or after January 1, 2010. | Kenny Callahan Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to waive the waiting periods for Social Security disability and Medicare (SSA title XVIII) coverage of certain terminally ill individuals. | {"src": "billsum_train", "title": "To amend titles II and XVIII of the Social Security Act to waive certain waiting periods for Social Security disability and Medicare benefits in the case of a terminally ill, disabled individual."} | 2,457 | 69 | 0.468294 | 1.13481 | 0.044092 | 1.42 | 44.9 | 0.74 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Give Fans a Chance Act of 1997''.
SEC. 2. AMENDMENT TO ANTITRUST EXEMPTION.
The Act of September 30, 1961 (Public Law 87-331; 15 U.S.C. 1291 et
seq.), is amended by adding at the end the following:
``SEC. 7. CONDITIONAL APPLICATION OF ACT.
``(a) Inapplicability.--This Act shall not apply to a league of
clubs of a professional sport for any period during which any member
club of such league is--
``(1) subject to such league's requirement, or to an
agreement made by 2 or more member clubs of such league, that
forbids any of such clubs to transfer (by sale or otherwise) an
ownership interest of any kind in such club to any governmental
entity or to members of the general public; or
``(2) not in compliance with subsection (b) or (c).
``(b) Notice of Proposed Change in Community; Opportunities To
Respond to Proposed Relocation.--
``(1) In general.--A member club that proposes to relocate,
or a league that proposes to relocate a member club, out of a
community in the home territory of the member club shall
furnish notice of such proposed relocation not later than 180
days before the commencement of the season in which the club is
to play home games in the proposed new location.
``(2) Persons entitled to receive notice.--The notice
required by paragraph (1) shall be furnished to all interested
persons.
``(3) Requirements.--The notice shall--
``(A) be in writing and delivered in person or by
certified mail;
``(B) be made available to the news media;
``(C) be published in 1 or more newspapers of
general circulation within the club's home community;
and
``(D) contain--
``(i) an identification of the proposed new
home community of such club;
``(ii) a summary of the reasons for the
proposed relocation based on the criteria
listed in subsection (c); and
``(iii) the date on which the proposed
relocation would become effective.
``(4) Opportunity to offer to purchase.--
``(A) In general.--During the 180-day notice period
specified in paragraph (1), a local government,
stadium, arena authority, person, or any combination
thereof, may prepare and present a proposal to purchase
the club to retain the club in the home community.
``(B) Membership in league.--If a bid under
subparagraph (A) is successful, the league of which the
club is a member shall not prohibit the club's
membership in the league on the basis that the club is
owned in whole or in part by several persons or
entities, or by 1 or more local governments.
``(5) Opportunity to induce club to stay.--During the 180-
day notice period specified in paragraph (1), the club (and the
league of which the club is a member) shall give a local
government, stadium authority, person, or any combination
thereof, the opportunity to prepare and present a proposal to
induce the club to remain in its home community.
``(6) Response.--The response of the owner of the club to
any offer made under paragraph (4) or (5) shall--
``(A) be in writing and delivered in person or by
certified mail; and
``(B) state in detail the reasons for refusal of
any bona fide offer.
``(7) Determination by league.--
``(A) In general.--The league of which the club is
a member shall make a determination, before the
expiration of the 180-day notice period specified in
paragraph (1), with respect to the relocation of club
out of its home community .
``(B) Hearings.--In making a determination under
this paragraph, the league shall conduct a hearing at
which interested persons are afforded an opportunity to
present oral or written testimony regarding the
proposed relocation of the club. The league shall keep
a record of all such proceedings.
``(C) Consideration of proposals.--The league shall
take into account any inducement proposal that is
offered under paragraph (5).
``(8) Considerations.--In determining whether to approve or
disapprove the relocation of the club, the league shall take
into consideration the criteria listed in subsection (c).
``(c) Criteria for Relocation Decisions.--Notwithstanding any other
law, before making a decision to approve or disapprove the relocation
of a club out of its home community, the league of which such club is a
member shall take into consideration--
``(1) the extent to which fan loyalty to and support for
the club has been demonstrated during the club's operation in
such community;
``(2) the degree to which the club has engaged in good
faith negotiations with appropriate persons concerning terms
and conditions under which the club would continue to play home
games in such community or elsewhere within the club's home
territory;
``(3) the degree to which the ownership or management of
the club has contributed to any circumstances that might
demonstrate the need for the relocation;
``(4) the extent to which the club, directly or indirectly,
received public financial support by means of any publicly
financed playing facility, special tax treatment, or any other
form of public financial support;
``(5) the adequacy of the stadium in which the club played
its home games in the previous season, and the willingness of
the stadium, arena authority, or local government to remedy any
deficiencies in the facility;
``(6) whether the club has incurred net operating losses,
exclusive of depreciation and amortization, sufficient to
threaten the continued financial viability of the club;
``(7) whether any other club in the league is located in
the same home community;
``(8) whether the club proposes to relocate to a community
that is the home community of another member club of the
league;
``(9) whether the stadium authority, if public, is opposed
to the proposed relocation; and
``(10) whether there is a bona fide investor offering fair
market value for the club and seeking to retain the club in
such community.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendment made by this Act shall take effect on
the first day of the first month beginning more than 180 days after the
date of the enactment of this Act. | Give Fans a Chance Act of 1997 - Limits the antitrust exemption applicable to broadcasting agreements made by professional sports leagues. Makes such exemption inapplicable to a league for any period during which any member club is: (1) subject to such league's requirement, or to an agreement made by two or more member clubs, that forbids any of such clubs to transfer an ownership interest in such club to any governmental entity or to members of the general public; or (2) not in compliance with the following requirements.
Requires a member club or a league to furnish notice of a proposed relocation of a club out of a community in the club's home territory not later than 180 days before the commencement of the season in which the club is to play home games in the proposed new location, subject to specified requirements. Specifies that, during the 180-day notice period: (1) a local government, stadium, arena authority, person, or any combination thereof may prepare and present a proposal to purchase the club to retain the club in the home community (prohibits the league, if such bid is successful, from barring the club's membership in the league because it is owned by several persons or entities or by one or more local governments); and (2) the club and the league shall give a local government, stadium authority, person, or any combination thereof the opportunity to prepare and present a proposal to induce the club to remain in its home community (requires the response of the club owner to meet specified requirements).
Directs the league to make a determination, before the expiration of the 180-day notice period, with respect to the relocation. Sets forth provisions regarding hearings and consideration of proposals.
Sets forth criteria for relocation decisions, including the extent to which fan loyalty to and support for the club has been demonstrated during the club's operation in such community. | {"src": "billsum_train", "title": "Give Fans a Chance Act of 1997"} | 1,416 | 403 | 0.724939 | 2.144129 | 0.840031 | 5.404826 | 3.718499 | 0.900804 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Eagle and Pitkin Counties in the State of Colorado
(hereinafter in this Act referred to as the ``Counties'') are
offering to convey to the United States approximately one
thousand three hundred and seven acres of patented mining claim
properties owned by the Counties within or adjacent to the
White River National Forest (hereinafter in this Act referred
to as the ``National Forest inholdings''), including
approximately six hundred and sixty nine acres of inholdings
within the Holy Cross, Hunter-Fryingpan, Collegiate Peaks, and
Maroon Bells-Snowmass Wilderness Areas;
(2) the properties identified in paragraph (1) are National
Forest inholdings whose acquisition by the United States would
facilitate better management of the White River National Forest
and its wilderness resources; and
(3) certain lands owned by the United States within Eagle
County comprising approximately two hundred and seventeen acres
and known as the Mt. Sopris Tree Nursery (hereinafter in this
Act referred to as the ``nursery lands'') are available for
exchange and the Counties desire to acquire portions of the
nursery lands for public purposes.
(b) Purposes.--The purposes of this Act are--
(1) to provide the opportunity for an exchange whereby the
Counties would transfer to the United States the National
Forest inholdings in exchange for portions of the nursery
lands;
(2) to provide an expedited mechanism under Federal law for
resolving any private title claims to the National Forest
inholdings if the exchange is consummated; and
(3) after the period of limitations has run for
adjudication of all private title claims to the National Forest
inholdings, to quiet title in the inholdings in the United
States subject to valid existing rights adjudicated pursuant to
this Act.
SEC. 2. OFFER OF EXCHANGE.
(a) Offer by the Counties.--The exchange directed by this Act shall
be consummated if within ninety days after enactment of this Act, the
Counties offer to transfer to the United States, pursuant to the
provisions of this Act, all right, title, and interest of the Counties
in and to approximately--
(1) one thousand two hundred and fifty eight acres of lands
owned by Pitkin County within and adjacent to the boundaries of
the White River National Forest, Colorado, and generally
depicted as parcels 1-53 on maps entitled ``Pitkin County Lands
to Forest Service'', numbered 1-11, and dated April 1990,
except for parcels 20 (Twilight), 21 (Little Alma), the
Highland Chief, and Alaska portions of parcel 25 depicted on
map 7, and parcel 52 (Iron King) on map 11, which shall remain
in their current ownership; and
(2) forty-nine acres of land owned by Eagle County within
and adjacent to the boundaries of the White River National
Forest, Colorado, and generally depicted as parcels 54-58 on
maps entitled ``Eagle County Lands to Forest Service'',
numbered 12-14, and dated April 1990, except for parcel 56
(Manitou) on map 14 which is already in National Forest
ownership.
(b) Exchange by the Secretary.--Subject to the provisions of
section 3, within ninety days after receipt by the Secretary of
Agriculture (hereinafter in this Act referred to as the ``Secretary'')
of a quitclaim deed from the Counties to the United States of the lands
identified in subsection (a) of this section, the Secretary, on behalf
of the United States, shall convey by quitclaim deed to the counties,
as tenants in common, all right, title, and interest of the United
States in and to approximately one hundred and thirty-two acres of land
(and water rights as specified in section 7 and the improvements
located thereon), as generally depicted as tract A on the map entitled
``Mt. Sopris Tree Nursery'', dated October 5, 1990.
SEC. 3. RESERVATIONS AND CONDITIONS OF CONVEYANCE.
(a) Reservations.--In any conveyance to the Counties pursuant to
section 2, the Secretary shall reserve--
(1) all right, title, and interest of the United States in
and to approximately eighty-five acres of land (and
improvements located thereon), which are generally depicted as
tracts B (approximately twenty-nine acres) and C (approximately
fifty-six acres) on the map referred to in section 2(b);
(2) water rights as specified in section 7(a); and
(3) any easements, existing utility lines, or other
existing access in or across tract A currently serving
buildings and facilities on tract B.
(b) Reversion.--It is the intention of Congress that any lands and
water rights conveyed to the Counties pursuant to this Act shall be
retained by the Counties and used solely for public recreation and
recreational facilities, open space, fairgrounds, and such other public
purposes as do not significantly reduce the portion of such lands in
open space. In the deed of conveyance to the Counties, the Secretary
shall provide that all right, title, and interest in and to any lands
and water rights conveyed to the Counties pursuant to this Act shall
revert back to the United States in the event that such lands or water
rights or any portion thereof are sold or otherwise conveyed by the
Counties or are used for other than such public purposes.
(c) Equalization of Values.--(1) Within one hundred and twenty days
after the date of enactment of this Act, the Secretary of Agriculture
shall complete appraisals of the lands to be exchanged pursuant to
subsections (a) and (b) of section 2 of this Act, taking into account
any effects on the value of such lands resulting from the use
restrictions and reversionary interest imposed by subsection (b) of
this section and any other factors that may affect value. The sum of
$120,000 shall be deducted from the value of the Counties' offered
lands to reflect any adverse claims against such lands which may be
adjudicated pursuant to section 5 of this Act.
(2) The appraisals shall utilize nationally recognized appraisal
standards, including, to the extent appropriate, the Uniform Appraisal
Standards for Federal Land Acquisition.
(3) On the basis of such appraisals, the Secretary shall make a
finding as to whether the values (after the deduction described in
paragraph (1)) of the lands to be exchanged are equal and shall
immediately notify the Counties as to such finding. If the values are
not equal, any cash equalization which would otherwise be owed to the
Counties by the United States shall be waived. Any equalization amount
which may be owed to the United States by the Counties shall be
satisfied through conveyance to the United States, within five years of
the date of transfer of the nursery lands to the Counties pursuant to
section 2(b) of this Act, of additional lands or interests in lands,
acceptable to the Secretary, which the Counties own on the date of
enactment of this Act or may acquire after such date. Such additional
lands shall have a value as approved by the Secretary at least equal to
the amount owed plus annual interest on such amount or unconveyed
portion thereof, as applicable, at the standard rate determined by the
Secretary of the Treasury to be applicable to marketable securities of
the United States having a comparable maturity. Interest shall accrue
beginning on the date the nursery lands are transferred to the Counties
pursuant to section 2(b) of this Act.
(d) Right of First Refusal.--The Secretary may convey any or all of
the nursery lands reserved pursuant to subsection (a) of this section
for fair market value under existing authorities, except that the
Secretary shall first offer the Counties the opportunity to acquire the
lands. This right of first refusal shall commence upon receipt by the
Counties of written notice of the intent of the Secretary to convey
such property, and the Counties shall have sixty days from the date of
such receipt to offer to acquire such properties at fair market value
as tenants in common. The Secretary shall have sole discretion as to
whether to accept or reject any such offer of the Counties.
SEC. 4. STATUS OF LANDS ACQUIRED BY THE UNITED STATES.
(a) National Forest System Lands.--The National Forest inholdings
acquired by the United States pursuant to this Act shall become a part
of the White River National Forest (or in the case of portions of
parcels 39, 40, and 41 depicted on map 9, and a portion of parcel 54 of
map 12, part of the Gunnison and Arapahoe National Forests,
respectively) for administration and management by the Secretary in
accordance with the laws, rules, and regulations applicable to the
National Forest System.
(b) Wilderness.--The National Forest inholdings that are within the
boundaries of the Holy Cross, Hunter-Fryingpan, Collegiate Peaks, and
Maroon Bells-Snowmass Wilderness Areas shall be incorporated in and
deemed to be part of their respective wilderness areas and shall be
administered in accordance with the provisions of the Wilderness Act
governing areas designated by that Act as wilderness.
SEC. 5. RESOLVING TITLE DISPUTES TO NATIONAL FOREST INHOLDINGS.
(a) Quiet Title Act.--Notwithstanding any other provisions of law
and subject to the provisions of subsection (c) of this section,
section 2409a of title 28, United States Code (commonly referred to as
the ``Quiet Title Act'') shall be the sole legal remedy of any party
claiming any right, title, or interest in or to any National Forest
inholdings conveyed by the Counties to the United States pursuant to
this Act.
(b) Listing.--Upon conveyance of the National Forest inholdings to
the United States, the Secretary shall cause to be published in a
newspaper or newspapers of general circulation in Pitkin and Eagle
Counties, Colorado, a listing of all National Forest inholdings
acquired pursuant to this Act together with a statement that any party
desiring to assert a claim of any right, title, or interest in or to
such lands must bring an action against the United States pursuant to
such section 2409a within the same period described by subsection (c)
of this section.
(c) Limitation.--Notwithstanding section 2409a(g) of title 28,
United States Code, any civil action against the United States to quiet
title to National Forest inholdings conveyed to the United States
pursuant to this Act must be filed in the United States District Court
for the District of Colorado no later than the date that is six years
after the date of publication of the listing required by subsection (b)
of this section.
(d) Vesting by Operation of Law.--Subject to any easements or other
rights of record that may be accepted and expressly disclaimed by the
Secretary, and without limiting title to National Forest inholdings
conveyed by the Counties pursuant to this Act, all other rights, title,
and interest in or to such National Forest inholdings if not otherwise
vested by quitclaim deed to the United States, shall vest in the United
States on the date that is six years after the date of publication of
the listing required by subsection (b) of this section, except for such
title as is conveyed by the Counties, no other rights, title, or
interest in or to any parcel of the lands conveyed to the United States
pursuant to this Act shall vest in the United States under this
subsection if title to such parcel--
(1) has been or hereafter is adjudicated as being in a
party other than the United States or the Counties; or
(2) is the subject of any section or suit against the
United States to vest such title in a party other than the
United States or the Counties that is pending on the date six
years after the date of publication of a listing required by
subsection (b) of this section.
(e) Costs and Attorney's Fees.--(1) At the discretion of the court,
any party claiming right, title, or interest in or to any of the
National Forest inholdings who files an action against the United
States to quiet title and fails to prevail in such action may be
required to pay to the Secretary on behalf of the United States, an
amount equal to the costs and attorney's fees incurred by the United
States in the defense of such action.
(2) As a condition of any transfer of lands to the Counties under
this Act, the Counties shall be obligated to reimburse the United
States for 50 percent of all costs in excess of $240,000 not reimbursed
pursuant to paragraph (1) of this subsection associated with the
defense by the United States of any claim or legal action brought
against the United States with respect to any rights, title, and
interest in or to the National Forest inholdings. Payment shall be made
in the same manner as provided in section 6 of this Act.
SEC. 6. REIMBURSEMENT TO THE UNITED STATES.
(a) In General.--As a condition of any transfer of lands to the
Counties under this Act, in addition to any amounts required to be paid
to the United States pursuant to section 5(e), in the event of a final
determination adverse to the United States in any action relating to
the title to the National Forest inholdings, the United States shall be
entitled to receive from the Counties reimbursement equal to the fair
market value (appraised as if they had marketable title) of the lands
that are the subject of such final determination.
(b) Availability of Funds.--Any money received by the United States
from the Counties under section 5(e) or subsection (a) of this section
shall be considered money received and deposited pursuant to the Act of
December 4, 1967, as amended (and commonly known as the Sisk Act, 16
U.S.C. 484a).
(c) In-Kind Payment of Lands.--In lieu of monetary payments, any
obligation for reimbursement by the Counties to the United States under
this Act can be fulfilled by the conveyance to the United States of
lands having a current fair market value equal to or greater than the
amount of the obligation. Such lands shall be mutually acceptable to
the Secretary and the Counties.
SEC. 7. WATER RIGHTS.
(a) Allocation and Management.--The water rights in existence on
the date of enactment of this Act in the Mt. Sopris Tree Nursery, which
comprise well water and irrigation ditch rights adjudicated under the
laws of the State of Colorado, together with the right to administer,
maintain, access, and further develop such rights, shall be allocated
and managed as follows;
(1) the United States shall convey to the Counties as
undivided tenants in common all rights associated with the five
existing wells on the properties.
(2) if the Secretary determines that water from the five
existing wells is necessary to meet culinary, sanitary, or
domestic uses of the existing buildings retained by the United
States pursuant to section 3(a), the Counties shall make
available to the United States, without charge, enough water to
reasonably serve such needs and shall additionally, if
requested by the United States, make every future effort to
cooperatively provide to the United States, without charge,
commensurate with the Counties own needs on tract A, water to
serve reasonable culinary, sanitary, and domestic uses of any
new buildings which the United States may construct on its
retained lands in the future.
(3) all Federally owned irrigation ditch water rights shall
be reserved by the United States.
(b) Modification of Allocation.--If the Secretary and the Counties
determine the public interest will be better served thereby, they may
agree to modify the precise water allocation made pursuant to this
section or to enter into cooperative agreements (with or without
reimbursement) to use, share, or otherwise administer such water rights
and associated facilities as they determine appropriate.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) Time Requirement for Completing Transfer.--If the Counties make
a timely offer, pursuant to section 2(a), the transfers of lands
authorized and directed by this Act shall be completed no later than
one year after the date of enactment of this Act.
(b) Boundary Modifications.--The Secretary and the Counties may
mutually agree to make modifications of the final boundary between
tracts A and B prior to completion of the exchange authorized by this
Act if such modifications are determined to better serve mutual
objectives than the precise boundaries as set forth in the maps
referenced in this Act.
(c) Tract A Easement.--The transfer of tract A to the Counties
shall be subject to the existing highway easement to the State of
Colorado and to any other right, title, or interest of record.
(d) Validity.--If any provision of this Act or the application
thereof is held invalid, the remainder of the Act and application
thereof, except for the precise provision held invalid, shall not be
affected thereby.
(e) Forest Headquarters and Administrative Offices.--The White
River National Forest headquarters and administrative office in
Glenwood Springs, Colorado, are hereby transferred from the
jurisdiction of the United States General Services Administration to
the jurisdiction of the Secretary, who shall retain such facilities
unless and until otherwise provided by subsequent Act of Congress. | Authorizes Eagle and Pitkin Counties in Colorado to offer for exchange to the United States specified lands of the White River National Forest. Requires the Secretary of Agriculture to convey to the Counties all rights of the United States to specified lands of the Mt. Sopris Tree Nursery (MSTN).
Requires the Secretary, in the deed of conveyance to the Counties, to provide that all rights in and to lands and water rights conveyed shall revert to the United States in the event that such lands or water rights are sold or otherwise conveyed by the Counties or are used other than for public purposes.
Provides that, if the values of exchanged lands are not equal, any cash equalization which would otherwise be owed to the Counties by the United States shall be waived and any equalization amount which may be owed to the United States by the Counties shall be satisfied through conveyance to the United States of additional lands or interests in lands acceptable to the Secretary.
Provides that: (1) the National Forest inholdings acquired by the United States pursuant to this Act shall become a part of the White River, Gunnison, and Arapaho National Forests, or a part of an appropriate existing wilderness area; and (2) the Quiet Title Act shall be the sole legal remedy of any party claiming any rights in or to any National Forest inholdings conveyed by the Counties to the United States pursuant to this Act.
Requires the Counties to reimburse the United States for National Forest inholdings that the United States acquires under this Act that are lost in a final title determination adverse to the United States.
Allocates and provides for the management of the existing water rights in the MSTN, including water well and irrigation ditch rights adjudicated under Colorado law, together with the right to administer, maintain, access, and further develop such rights.
Transfers the White River National Forest Headquarters and administrative offices in Glenwood Springs, Colorado, from the jurisdiction of the U.S. General Services Administration to that of the Secretary, who shall retain such facilities. | {"src": "billsum_train", "title": "To provide for a land exchange between the Secretary of Agriculture and Eagle and Pitkin Counties in Colorado, and for other purposes."} | 3,904 | 469 | 0.627907 | 2.188351 | 0.71702 | 5.335917 | 9.007752 | 0.94832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stewardship Endowment Fund Act of
1993''.
SEC. 2. FINDINGS, PURPOSE, AND INTENT OF CONGRESS.
(a) Findings.--Congress finds that--
(1) for national security purposes, the United States
requires steady and secure sources of oil as well as other
sources of energy;
(2) while protecting the oil-producing capabilities of the
United States is important, it is also important to protect the
environment from which the oil is drawn;
(3) following the discharge of oil from the T/V EXXON
VALDEZ on March 23 and 24, 1989, when the vessel went aground
on Bligh Reef in Prince William Sound, Alaska, a settlement was
reached;
(4) under the terms of the Agreement and Consent Decree (as
described in section 207 of Public Law 102-229) that the
Federal Government and the State of Alaska entered into with
the Exxon Corporation, Exxon will pay a total sum of
$900,000,000 over a period of 10 years for damages and
environmental restoration to the Federal Government and the
State of Alaska (referred to in this section as ``settlement
funds'');
(5) the placement of a portion of the settlement funds in a
Stewardship Endowment Fund would create a stream of income over
and above the initial settlement funds that could be used to
meet the needs of environmental restoration over a period that
extends beyond the 10-year period specified in paragraph (4);
(6)(A) catastrophic failures with respect to salmon
fisheries in Prince William Sound, and other biological events,
indicate an urgent need to carry out long-term
multidisciplinary research efforts to enable the full
implementation of an effective restoration and enhancement
program; and
(B) the research should fully examine all possible causes
of, and solutions to, the problems described in subparagraph
(A);
(7) similar failures with respect to other salmon fisheries
and changes in the populations and ratios of other species
further indicate that a broad approach to scientific
investigation may be necessary to determine whether events in
Prince William Sound concerning salmon fisheries may be caused
by, or affected by, events in other geographic areas;
(8) a stable source of research funding is needed in order
to provide for long-term research necessary for the successful
restoration and enhancement of Prince William Sound; and
(9) the Endowment Fund referred to in paragraph (5) would
facilitate the administration of the settlement funds by the
Trustees designated by the President and the Governor of the
State of Alaska to act, for the purposes of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), as trustees of natural
resources injured, lost, or destroyed as a result of the
discharge of oil from the T/V EXXON VALDEZ;
(b) Purpose.--It is the purpose of this Act to establish in the
Treasury of the United States a Stewardship Endowment Fund in order to
create a stream of income that will carry out the purposes specified in
the Memorandum of Agreement and Consent Decree that the United States
and the State of Alaska entered into on August 28, 1991, for a period
that extends beyond the payment period referred to in subsection
(a)(4).
(c) Intent of Congress.--It is the intent of Congress that the
conservative use of settlement funds and earnings from the settlement
funds should be encouraged in order to provide for the maintenance of
restoration and enhancement activities for Prince William Sound
(including providing for long-term scientific studies and ecosystem
research necessary to support restoration and enhancement activities).
SEC. 3. STEWARDSHIP ENDOWMENT FUND.
Title XXX of the Energy Policy Act of 1992 (Public Law 102-486) is
amended by adding at the end the following new section:
``SEC. 3022. STEWARDSHIP ENDOWMENT FUND.
``(a) Definitions.--As used in this section:
``(1) Agreement and consent decree.--The term `Agreement
and Consent Decree' means the Agreement and Consent Decree
described in section 207 of Public Law 102-229 (105 Stat. 1715)
and approved by the United States District Court for the
District of Alaska on October 8, 1991.
``(2) Endowment fund.--The term `Endowment Fund' means the
Stewardship Endowment Fund established pursuant to subsection
(b).
``(3) Natural resources.--The term `natural resources' has
the meaning given the term in the Agreement and Consent Decree.
``(4) Oil spill.--The term `Oil Spill' means the grounding
of the T/V EXXON VALDEZ on Bligh Reef in Prince William Sound,
Alaska, on March 23 and 24, 1989, and the resulting oil spill.
``(5) Restoration.--
``(A) In general.--The term `restoration' means any
action, in addition to response and cleanup activities
required or authorized by State or Federal law, that
endeavors to--
``(i) restore--
``(I) a natural resource injured,
lost, or destroyed as a result of the
Oil Spill to the pre-spill condition;
and
``(II) the services provided by the
resource; or
``(ii) replace or substitute for the
injured, lost, or destroyed resources and
affected services.
``(B) Phases of injury included.--The term includes
all phases of injury assessment, restoration,
replacement, and enhancement of natural resources, and
the acquisition of equivalent resources and services.
``(6) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(7) Settlement funds.--The term `settlement funds' means
the settlement funds established pursuant to the Agreement and
Consent Decree.
``(8) Trustees.--The term `Trustees' means the officials
designated by the President and the Governor of the State of
Alaska to act, for the purposes of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), as trustees of natural
resources injured, lost, or destroyed as a result of the Oil
Spill.
``(b) Stewardship Endowment Fund.--
``(1) In general.--Notwithstanding any other provision of
law, there is established in the Treasury of the United States
a Stewardship Endowment Fund to facilitate the restoration of
natural resources in Alaska injured as a result of the Oil
Spill. The Fund shall consist of such sums as are deposited in
the Fund pursuant to paragraph (2) and any interest earned on
investments of the Fund pursuant to paragraph (3).
``(2) Deposits.--The Trustees may transfer from the
settlement funds to the Secretary, for deposit in the Endowment
Fund, a portion of the settlement funds.
``(3) Investments.--The Secretary, with the unanimous
consent of the Trustees, shall invest the corpus and income of
the Endowment Fund in federally insured bank savings accounts
or comparable interest-bearing accounts, certificates of
deposit, money market funds, mutual funds, obligations of the
United States, or other instruments and securities (as
determined by the Secretary, with the unanimous consent of the
Trustees). The Secretary, with the concurrence of the Trustees,
shall, to the maximum extent practicable, ensure that the
investments made pursuant to this paragraph generate a
sufficient amount of income to carry out the purposes referred
to in subsection (c)(2)(B).
``(c) Withdrawals and Expenditures.--
``(1) Corpus prohibition.--A withdrawal or expenditure may
be made from the corpus of the Endowment Fund with the
unanimous consent of the Trustees.
``(2) Permissive withdrawals.--
``(A) In general.--On request of the Trustees, the
Secretary shall transfer, at least annually, all or a
portion of, the income of the Endowment Fund to the
Trustees for expenditure by the Trustees in a manner
consistent with subparagraph (B).
``(B) Use of transferred funds.--Funds may be
transferred to the Trustees, and expended by the
Trustees, only for restoration.''.
SEC. 4. CONFORMING AMENDMENT.
The table of contents in section 1(b) of the Energy Policy Act of
1992 (106 Stat. 2776 et seq.) is amended by adding after the item
relating to section 3021 the following new item:
``Sec. 3022. Stewardship Endowment Fund.''. | Stewardship Endowment Fund Act of 1993 - Amends the Energy Policy Act of 1992 to establish in the Treasury a Stewardship Endowment Fund to facilitate the restoration of natural resources in Alaska injured as a result of the EXXON VALDEZ oil spill. | {"src": "billsum_train", "title": "Stewardship Endowment Fund Act of 1993"} | 1,974 | 63 | 0.506194 | 1.370719 | 0.578166 | 6.372093 | 41.023256 | 0.976744 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adam Walsh Reauthorization Act of
2016''.
SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM
REAUTHORIZATION.
Section 126(d) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16926(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General $20,000,000 for each of fiscal
years 2017 through 2018, to be available only for--
``(1) the SOMA program; and
``(2) the Jessica Lunsford Address Verification Grant
Program established under section 631.''.
SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO
VIOLATIONS OF REGISTRATION REQUIREMENTS.
Section 142(b) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16941(b)) is amended by striking ``such sums as may be
necessary for fiscal years 2007 through 2009'' and inserting ``to the
United States Marshals Service $61,300,000 for each of fiscal years
2017 through 2018''.
SEC. 4. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended in paragraph (12)(A) by striking ``or 4246''
and inserting ``, 4246, or 4248''.
SEC. 5. SEXUAL ASSAULT SURVIVORS' RIGHTS.
(a) In General.--Part II of title 18, United States Code, is
amended by adding after chapter 237 the following:
``CHAPTER 238--SEXUAL ASSAULT SURVIVORS' RIGHTS
``Sec.
``3772. Sexual assault survivors' rights.
``Sec. 3772. Sexual assault survivors' rights
``(a) Rights of Sexual Assault Survivors.--In addition to those
rights provided in section 3771, a sexual assault survivor has the
following rights:
``(1) The right not to be prevented from, or charged for,
receiving a medical forensic examination.
``(2) The right to--
``(A) subject to paragraph (3), have a sexual
assault evidence collection kit or its probative
contents preserved, without charge, for the duration of
the maximum applicable statute of limitations or 20
years, whichever is shorter;
``(B) be informed of any result of a sexual assault
evidence collection kit, including a DNA profile match,
toxicology report, or other information collected as
part of a medical forensic examination, if such
disclosure would not impede or compromise an ongoing
investigation; and
``(C) be informed in writing of policies governing
the collection and preservation of a sexual assault
evidence collection kit.
``(3) The right, if the Government intends to destroy or
dispose of a sexual assault evidence collection kit or its
probative contents before the expiration of the applicable time
period under paragraph (2)(A), to--
``(A) upon written request, receive written
notification from the appropriate official with custody
not later than 60 days before the date of the intended
destruction or disposal; and
``(B) upon written request, be granted further
preservation of the kit or its probative contents.
``(4) The right to be informed of the rights under this
subsection.
``(b) Applicability.--Subsections (b) through (f) of section 3771
shall apply to sexual assault survivors.
``(c) Definition of Sexual Assault.--In this section, the term
`sexual assault' means any nonconsensual sexual act proscribed by
Federal, tribal, or State law, including when the victim lacks capacity
to consent.
``(d) Funding.--This section, other than paragraphs (2)(A) and
(3)(B) of subsection (a), shall be carried out using funds made
available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(d)(3)(A)(i)). No additional funds are authorized
to be appropriated to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part II of title 18, United States Code, is amended by adding at the
end the following:
``238. Sexual assault survivors' rights..................... 3772''.
(c) Amendment to Victims of Crime Act of 1984.--Section
1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(3)(A)(i)) is amended by inserting after ``section 3771'' the
following: ``or section 3772, as it relates to direct services,''.
SEC. 6. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
The Victims of Crime Act of 1984 is amended by adding after section
1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
``(a) In General.--The Attorney General may make grants as provided
in section 1404(c)(1)(A) to States to develop and disseminate to
entities described in subsection (c)(1) of this section written notice
of applicable rights and policies for sexual assault survivors.
``(b) Notification of Rights.--Each recipient of a grant awarded
under subsection (a) shall make its best effort to ensure that each
entity described in subsection (c)(1) provides individuals who identify
as a survivor of a sexual assault, and who consent to receiving such
information, with written notice of applicable rights and policies
regarding--
``(1) the right not to be charged fees for or otherwise
prevented from pursuing a sexual assault evidence collection
kit;
``(2) the right to have a sexual assault medical forensic
examination regardless of whether the survivor reports to or
cooperates with law enforcement;
``(3) the availability of a sexual assault advocate;
``(4) the availability of protective orders and policies
related to their enforcement;
``(5) policies regarding the storage, preservation, and
disposal of sexual assault evidence collection kits;
``(6) the process, if any, to request preservation of
sexual assault evidence collection kits or the probative
evidence from such kits; and
``(7) the availability of victim compensation and
restitution.
``(c) Dissemination of Written Notice.--Each recipient of a grant
awarded under subsection (a) shall--
``(1) provide the written notice described in subsection
(b) to medical centers, hospitals, forensic examiners, sexual
assault service providers, State and local law enforcement
agencies, and any other State agency or department reasonably
likely to serve sexual assault survivors; and
``(2) make the written notice described in subsection (b)
publicly available on the Internet website of the attorney
general of the State.
``(d) Provision To Promote Compliance.--The Attorney General may
provide such technical assistance and guidance as necessary to help
recipients meet the requirements of this section.
``(e) Integration of Systems.--Any system developed and implemented
under this section may be integrated with an existing case management
system operated by the recipient of the grant if the system meets the
requirements listed in this section.''.
SEC. 7. WORKING GROUP.
(a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services (referred to in this section as
the ``Secretary''), shall establish a joint working group (referred to
in this section as the ``Working Group'') to develop, coordinate, and
disseminate best practices regarding the care and treatment of sexual
assault survivors and the preservation of forensic evidence.
(b) Consultation With Stakeholders.--The Working Group shall
consult with--
(1) stakeholders in law enforcement, prosecution, forensic
laboratory, counseling, forensic examiner, medical facility,
and medical provider communities; and
(2) representatives of not less than 3 entities with
demonstrated expertise in sexual assault prevention, sexual
assault advocacy, or representation of sexual assault victims,
of which not less than 1 representative shall be a sexual
assault victim.
(c) Membership.--The Working Group shall be composed of
governmental or nongovernmental agency heads at the discretion of the
Attorney General, in consultation with the Secretary.
(d) Duties.--The Working Group shall--
(1) develop recommendations for improving the coordination
of the dissemination and implementation of best practices and
protocols regarding the care and treatment of sexual assault
survivors and the preservation of evidence to hospital
administrators, physicians, forensic examiners, and other
medical associations and leaders in the medical community;
(2) encourage, where appropriate, the adoption and
implementation of best practices and protocols regarding the
care and treatment of sexual assault survivors and the
preservation of evidence among hospital administrators,
physicians, forensic examiners, and other medical associations
and leaders in the medical community;
(3) develop recommendations to promote the coordination of
the dissemination and implementation of best practices
regarding the care and treatment of sexual assault survivors
and the preservation of evidence to State attorneys general,
United States attorneys, heads of State law enforcement
agencies, forensic laboratory directors and managers, and other
leaders in the law enforcement community;
(4) develop and implement, where practicable, incentives to
encourage the adoption or implementation of best practices
regarding the care and treatment of sexual assault survivors
and the preservation of evidence among State attorneys general,
United States attorneys, heads of State law enforcement
agencies, forensic laboratory directors and managers, and other
leaders in the law enforcement community;
(5) collect feedback from stakeholders, practitioners, and
leadership throughout the Federal and State law enforcement,
victim services, forensic science practitioner, and health care
communities to inform development of future best practices or
clinical guidelines regarding the care and treatment of sexual
assault survivors; and
(6) perform other activities, such as activities relating
to development, dissemination, outreach, engagement, or
training associated with advancing victim-centered care for
sexual assault survivors.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Working Group shall submit to the Attorney General, the
Secretary, and Congress a report containing the findings and
recommended actions of the Working Group.
SEC. 8. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL EXPLOITATION AND
HUMAN TRAFFICKING.
Section 2255(b) of title 18, United States Code, is amended--
(1) by striking ``three years'' and inserting ``10 years'';
and
(2) by inserting ``ends'' before the period at the end.
Passed the Senate May 23, 2016.
Attest:
JULIE E. ADAMS,
Secretary. | Adam Walsh Reauthorization Act of 2016 (Sec. 2) This bill amends the Sex Offender Registration and Notification Act to reauthorize through FY2018 the Sex Offender Management Assistance program and the Jessica Lunsford Address Verification Grant program. (Sec. 3) Additionally, it reauthorizes appropriations through FY2018 for the U.S. Marshals Service to locate and apprehend sex offenders who violate sex offender registration requirements. (Sec. 4) The bill amends the federal criminal code to modify the duties of probation and pretrial services officers to include, when directed by a court, supervision of a sex offender conditionally released from civil commitment subject to court-ordered compliance with a prescribed regimen of medical, psychiatric, or psychological treatment. (Sec. 5) It establishes statutory rights for sexual assault survivors, including the right to: (1) receive a forensic medical examination at no cost; (2) have a sexual assault evidence collection kit (i.e., a rape kit) preserved for 20 years or the maximum applicable statute of limitations, whichever is shorter; (3) receive written notification prior to destruction or disposal of a rape kit; and (4) be informed of the rights and policies under this section. Additionally, it makes statutory crime victims' rights applicable to sexual assault survivors. The term "sexual assault" means any nonconsensual sexual act prohibited by federal, state, or tribal law, including when a victim lacks capacity to consent. Funds made available to the Crime Victims Fund under the Victims of Crime Act of 1984 must be used to carry out the requirements of this section, subject to specified exceptions. (Sec. 6) The bill amends the Victims of Crime Act of 1984 to authorize DOJ's Office of Justice Programs to make grants to states to develop sexual assault survivors' rights and policies and to disseminate written notice of such rights and policies to medical centers, hospitals, forensic examiners, sexual assault service providers, law enforcement agencies, and other state entities. (Sec. 7) DOJ must establish a working group to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence. The working group must report its findings and recommended actions. (Sec. 8) It extends the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently 3 years) from the date such individual reaches age 18. | {"src": "billsum_train", "title": "Adam Walsh Reauthorization Act of 2016"} | 2,505 | 581 | 0.5548 | 1.916364 | 0.662369 | 2.632258 | 4.754839 | 0.83871 |
SECTION 1. EXPEDITED HAZARDOUS FUELS REDUCTION PROCEDURES.
(a) In General.--The Secretaries of Agriculture and the Interior
shall conduct immediately and to completion projects consistent with
the Implementation Plan for the 10-year Comprehensive Strategy for a
Collaborative Approach for Reducing Wildland Fire Risks to Communities
and the Environment, dated May 2002, developed pursuant to the
Conference Report to the Department of the Interior and Related
Agencies Appropriations Act, 2001 (House Report 106-646) to reduce
hazardous fuels. Any project carried out pursuant to this section shall
be consistent with the applicable forest plan, resource management
plan, or other applicable agency plans.
(b) Priority.--In implementing projects under this section, the
Secretaries of Agriculture and the Interior shall give highest priority
to--
(1) wildland urban interface areas;
(2) municipal watersheds; or
(3) forested or rangeland areas affected by disease, insect
activity, or wind throw.
(c) Acreage Limitation.--In implementing this section, the
Secretaries of Agriculture and the Interior shall treat an aggregate
area of not more than 3.75 million acres of federal land.
(d) Process.--The Secretaries of Agriculture and the Interior shall
jointly develop a collaborative process with interested parties
consistent with the Implementation Plan described in subsection (a) for
the selection of projects carried out under this section consistent
with subsection (b). Such collaborative process may be the process set
forth in title II of the Secure Rural Schools and Community Self-
Determination Act, Public Law 106-393.
(e) Administrative Process.--
(1) Review.--Projects implemented pursuant to this section
shall not be subject to appeal requirements of the Appeals
Reform Act (section 322 of Public Law 102-381) or Department of
the Interior Board of Land Appeals Review.
(2) Regulations.--The Secretaries of Agriculture and the
Interior, as appropriate, may promulgate such regulations as
are necessary to implement this section.
(f) Conclusive Presumption.--Subject to the requirements of
subsection (h), unless there are extraordinary circumstances, hazardous
fuels reduction actions authorized by subsection (g) are conclusively
determined to be categorically excluded from further analysis under the
National Environmental Policy Act, and the Secretary of Agriculture or
the Secretary of the Interior as appropriate need not make any findings
as to whether the projects individually or cumulatively have a
significant effect on the human environment.
(g) Categorical Exclusions.--
(1) Subject to paragraph (2), until September 30, 2003, the
Secretary of Agriculture and the Secretary of the Interior may
categorically exclude a proposed hazardous fuels reduction
action, including prescribed fire, from documentation in an
environmental impact statement or environmental assessment if
the proposed hazardous fuels reduction action is located on
lands identified as condition class 3 on the map attached to
the Forest Service Rocky Mountain Research Station General
Technical Report RMRS-87 dated April 2002 and removes no more
than 250,000 board feet of merchantable wood products or
removes as salvage 1,000,000 board feet or less of merchantable
wood products and assures regeneration of harvested or salvaged
areas.
(2) Scoping is required on all actions proposed pursuant to
this section.
(h) Limitation on the Availability of Conclusive Presumption.-- The
conclusive presumption authorized by subsection (f) shall apply only to
projects located in areas identified as condition class 3 as defined in
subsection (g), and that are located:
(1) within wildland urban interface areas, or
(2) within a municipal watershed, or
(3) within forested or rangeland areas affected by disease,
insect activity, or wind throw.
(i) Extraordinary Circumstances.-- For all projects implemented
pursuant to this section, if there are extraordinary circumstances, the
Secretary of Agriculture and the Secretary of the Interior shall follow
agency procedures related to categorical exclusions and extraordinary
circumstances.
(j) Reduce Fire Risk.-- In order to ensure that the agencies are
implementing projects that reduce the risk of unnaturally intense
wildfires, the Secretary of Agriculture and the Secretary of the
Interior--
(1) shall not construct new roads as part of any project
implemented pursuant to this section;
(2) must maintain old and large trees appropriate for each
ecosystem type and must focus on generally small diameter trees
and brush for all projects implemented pursuant to this
section; and
(3) must deposit in the Treasury of the United States all
revenues and receipts generated from projects implemented
pursuant to this section.
(k) Hazardous Fuels Reduction Funding Focus.-- In order to focus
hazardous fuels reduction activities on the highest priority areas
where critical issues of human safety and property loss are the most
serious, the Forest Service and the Department of the Interior shall
expend all of the hazardous fuels operations funds provided in this Act
only on projects in areas identified as condition class 3 as defined in
subsection (g).
(l) Small Communities.-- At least ten percent of the hazardous
fuels operations funds provided in this Act shall be spent on projects
that benefit businesses that use hazardous fuels and that are located
in small, economically disadvantaged communities.
(m) Monitoring.--
(1) The Secretary of Agriculture and the Secretary of the
Interior shall jointly establish a commission to complete an
assessment of the positive or negative impacts and
effectiveness of projects implemented pursuant to this Act. The
commission shall be composed of 12 to 15 members with equal
representation from conservation interests, local communities,
and commodity interests. The Commission shall submit a report
to Congress within 24 months after the date of enactment of
this Act.
(2) The Secretaries shall establish a multiparty monitoring
process in order to assess a representative sampling of the
projects implemented pursuant to this section. The Secretaries
shall include any interested individual or organization in the
monitoring and evaluation process.
(3) Funds to implement this subsection shall be derived
from hazardous fuels reduction funds. | Directs the Secretaries of Agriculture and the Interior to: (1) expeditiously complete hazardous fuels reduction projects consistent with the Implementation Plan for the 10-year Comprehensive Strategy for a Collective Approach to Reducing Wildland Fire Risks to Communities and the Environment; (2) develop a project selection process with interested parties; and (3) establish a commission and monitoring process to evaluate project impact and effectiveness.Gives implementation priority to: (1) wildland urban interface areas; (2) municipal watersheds; or (3) forested or rangeland areas affected by disease, insects, or wind throw.Authorizes the Secretaries to temporarily exclude from environmental documentation requirements certain projects in areas (condition class 3) identified in a specified Forest Service map and report. Requires that all specified hazardous fuels operations funds be used in such areas.Sets aside specified funds for small, economically disadvantaged communities. | {"src": "billsum_train", "title": "A bill to expedite procedures for hazardous fuels reductions activities and for other purposes."} | 1,271 | 189 | 0.576618 | 1.608946 | 0.878951 | 4.096386 | 7.150602 | 0.903614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historically Black Colleges and
Universities Historic Building Restoration and Preservation Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) the term ``historically black colleges and
universities'' has the same meaning given the term ``part B
institution'' in section 322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)); and
(2) the term ``historic building and structures'' means a
building or structure that is listed on the National Register
of Historic Places or is designated as a National Historic
Landmark.
SEC. 3. FINDINGS.
Congress finds that--
(1) the Nation's historically black colleges and
universities have contributed significantly to the effort to
attain equal opportunity through postsecondary education for
African-American, low-income, and educationally disadvantaged
Americans;
(2) over the course of our Nation's history, the Federal
Government and the States have discriminated in the allocation
of land and financial resources to support the institutions,
forcing them to rely on the generous support of private
individuals and other charitable organizations;
(3) the development of private and charitable financial
support for historically black colleges and universities has
resulted in structures and buildings of historic importance and
architecturally unique design on the campuses of these
institutions; and
(4) many of the structures and buildings at historically
black colleges and universities are national treasures worthy
of preservation and restoration for future generations of all
Americans and for the students and faculty of the institutions.
SEC. 4. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AT
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
(a) Authority To Make Grants.--In fiscal years 1995 through 1998,
the Secretary of the Interior (referred to in this Act as the
``Secretary'') shall make grants in accordance with this section to
historically black colleges and universities for the preservation and
restoration of historic buildings and structures on the campus of the
institutions.
(b) Grant Conditions.--Grants made pursuant to this section shall
be subject to the condition that the grantee covenants, for a period of
time specified by the Secretary that--
(1) no alteration shall be made to the property with
respect to which the grant is made without the concurrence of
the Secretary; and
(2) reasonable public access to the property with respect
to which the grant is made shall be permitted by the grantee
for interpretive and educational purposes.
(c) Matching Requirement For Buildings and Structures Listed on
The National Register of Historic Places.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of a grant under this section for a building or
structure listed on the National Register of Historic Places
shall be not more than 50 percent of the cost of the grant
project.
(2) Exception.--The Secretary may waive the cost-share
requirement for a grant under this subsection if the Secretary
determines that an extreme emergency exists or that a waiver is
in the public interest to ensure the preservation of
historically significant resources.
(d) Funding.--
(1) Source.--The Secretary shall make grants pursuant to
this section from amounts made available to carry out the
National Historic Preservation Act of 1966 (16 U.S.C. 470 et
seq.).
(2) Limitations.--
(A) Fiscal year 1995.--For fiscal year 1995--
(i) not more than $20,000,000 may be made
available for a grant under this section; and
(ii) of such amounts--
(I) $5,000,000 shall be made
available for grants to Fisk
University; and
(II) $10,000,000 shall be made
available for grants to historically
black colleges and universities
identified for inclusion in the
Department of the Interior Historically
Black College and University Historic
Preservation Initiative.
(B) Subsequent years.--For each of fiscal years
1996, 1997, and 1998, not more than $15,000,000 may be
made available for grants under this section.
(e) Regulations.--The Secretary shall develop and implement
regulations to carry out this Act. | Historically Black Colleges and Universities Historic Building Restoration and Preservation Act - Directs the Secretary of the Interior to make grants to historically black colleges and universities for the preservation and restoration of historic buildings and structures on their campuses.
Requires a grantee to covenant, for the period of time specified by the Secretary, that: (1) no alteration shall be made to the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access to such property shall be permitted for interpretive and educational purposes.
Limits the Federal share of a grant for a building or structure listed on the National Register of Historic Places to 50 percent of the cost of the grant project. Authorizes the Secretary to waive the cost-share requirement if an extreme emergency exists or if such a waiver is in the public interest to assure the preservation of historically significant resources.
Directs the Secretary to make such grants from amounts made available to carry out the National Historic Preservation Act of 1966.
Limits amounts made available for this Act for FY 1995 through 1998.
Earmarks funds for FY 1995 for grants to: (1) Fisk University; and (2) historically black colleges and universities identified for inclusion in the Department of the Interior Historically Black College and University Historic Preservation Initiative. | {"src": "billsum_train", "title": "Historically Black Colleges and Universities Historic Building Restoration and Preservation Act"} | 893 | 267 | 0.69023 | 2.001707 | 0.927406 | 4.830709 | 3.311024 | 0.940945 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Access Act''.
SEC. 2. AVAILABILITY OF MARIHUANA FOR MEDICAL USE.
(a) Rescheduling.--
(1) Recommendation by hhs.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Health and
Human Services, in consultation with the Institute of Medicine
of the National Academy of Sciences, shall submit to the
Administrator of the Drug Enforcement Administration a
recommendation to transfer marihuana from schedule I under
section 202 of the Controlled Substances Act (21 U.S.C. 812) to
a schedule under such section 202 other than schedule I.
(2) Final rule.--Not later than one year after the date of
enactment of this Act, the Administrator of the Drug
Enforcement Administration shall, taking into consideration the
recommendation under paragraph (1), issue a final rule to
transfer marihuana from schedule I under section 202 of the
Controlled Substances Act (21 U.S.C. 812) to a schedule under
such section other than schedule I.
(b) Cannabidiol.--
(1) In general.--Paragraph (16) of section 102 of the
Controlled Substances Act (21 U.S.C. 802) is amended--
(A) by striking ``(16) The'' and inserting
``(16)(A) The''; and
(B) by adding at the end the following:
``(B) Cannabidiol--
``(i) is excluded from the definition of marihuana
under subparagraph (A); and
``(ii) shall not be treated as a controlled
substance under this Act.''.
(2) Definition.--Section 102 of the Controlled Substances
Act (21 U.S.C. 802), as amended by paragraph (1), is further
amended by adding at the end the following:
``(57) The term `cannabidiol' means the substance
cannabidiol, as derived from marihuana or synthetically
formulated, that contains not greater than 0.3 percent delta-9-
tetrahydrocannabinol on a dry weight basis.''.
(3) Cannabidiol determination by the states.--Section 201
of the Controlled Substances Act (21 U.S.C. 811) is amended by
adding at the end the following:
``(j) Cannabidiol Determination.--If a person grows or processes
marihuana for purposes of making cannabidiol in accordance with State
law, the marihuana shall be deemed to meet the concentration limitation
under section 102(57), unless the Attorney General determines that the
State law is not reasonably calculated to ensure that marihuana grown
or processed for purposes of making cannabidiol meets such
concentration limitation.''.
(c) Regulation Under State Law.--
(1) In general.--In a State in which marihuana may be
prescribed by a physician for medical use under applicable
State law, no provision of the Controlled Substances Act (21
U.S.C. 801 et seq.) or of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.) shall prohibit or otherwise
restrict in such State in accordance with such State law--
(A) the prescription of marihuana by a physician
for medical use;
(B) an authorized patient under such State law from
obtaining, possessing, transporting, or using marihuana
for that patient's medical use;
(C) a caregiver for an authorized patient from
obtaining, possessing, or transporting marihuana, as
authorized under such State law, for the medical use of
such authorized patient;
(D) the legally recognized parent or guardian of a
minor who is an authorized patient from obtaining,
possessing, or transporting marihuana, as authorized
under such State law, for the medical use of such
minor;
(E) an entity from producing, processing, or
otherwise manufacturing marihuana for medical use, as
authorized under such State law;
(F) an entity from distributing marihuana for
medical use, as authorized under such State law;
(G) a pharmacy or other health care provider from
dispensing marihuana to an authorized patient for
medical use, as authorized under such State law; or
(H) a laboratory or other entity from performing
safety, quality, or efficacy testing of marihuana for
medical use, as authorized under such State law or
under Federal law.
(2) Cannabidiol.--Notwithstanding the exclusion of
cannabidiol from the definition of marihuana in section 102 of
the Controlled Substances Act (21 U.S.C. 802), as amended, and
section 5 of this Act, this subsection applies with respect to
cannabidiol, as defined in such section 102, to the same extent
and in the same manner as this subsection applies with respect
to marihuana.
SEC. 3. RESEARCH INTO POTENTIAL MEDICINAL USES OF MARIHUANA.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall delegate
responsibility under section 303(f) of the Controlled Substances Act
(21 U.S.C. 823(f)) for control over access to marihuana for research
into its potential medicinal uses to an agency of the executive branch
that is not focused on researching the addictive properties of
substances. Such agency shall take appropriate actions to ensure that
an adequate supply of marihuana is available for such medicinal
research.
(b) Consideration of Other Research in Scheduling.--Research that
is performed in a scientifically sound manner in a State where
marihuana or cannabidiol is legal for medical purposes, and in
accordance with such State's law, but that does not use marihuana from
federally approved sources, may be considered for purposes of
rescheduling marihuana under section 202 of the Controlled Substances
Act (21 U.S.C. 812).
SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING.
This Act does not affect any Federal, State, or local law
regulating or prohibiting smoking in public.
SEC. 5. DEFINITIONS.
In this Act:
(1) Authorized patient.--The term ``authorized patient''
means an individual using marihuana in accordance with a
prescription by a physician for medical use.
(2) Marihuana.--Except as provided in section 2(c)(2), the
term ``marihuana'' has the meaning given to such term in
section 102 of the Controlled Substances Act (21 U.S.C. 802),
as amended by section 2(b).
(3) Physician.--The term ``physician'' means a practitioner
of medicine, who--
(A) graduated from a college of medicine or
osteopathy; and
(B) is licensed to practice medicine by the
appropriate State board.
(4) Prescription.--The term ``prescription'' means an
instruction written by a medical physician in accordance with
applicable State law that authorizes the provision of a
medicine or treatment to a patient.
(5) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, and any other territory or possession of
the United States. | Compassionate Access Act This bill directs the Department of Health and Human Services to submit to the Drug Enforcement Administration (DEA) a recommendation to transfer marijuana from schedule I to another controlled substances schedule. The DEA must consider the recommendation and issue a final rule to reclassify marijuana. It permits, for reclassification purposes, consideration of scientifically sound research conducted in a state that allows medical marijuana and in accordance with state law, even if such research uses non-federally approved marijuana. The legislation amends the Controlled Substances Act (CSA) to: exclude "cannabidiol" (CBD) from the definition of "marijuana" and remove it from coverage under the CSA; limit the concentration of delta-9-tetrahydrocannabinol (THC) in CBD to 0.3% on a dry weight basis; and deem marijuana grown or processed to make CBD, in accordance with state law, to comply with the THC concentration limit unless the DEA determines state law to be unreasonable. No provision of the CSA or Federal Food, Drug, and Cosmetic Act prohibits or restricts a physician from prescribing; a patient, caregiver, or guardian from obtaining, possessing, or transporting; an entity from producing, processing, manufacturing, or distributing; a pharmacy from dispensing; or a laboratory from testing medical marijuana or CBD in compliance with a state's medical marijuana law. The bill requires the Attorney General to delegate responsibility for registering marijuana researchers to an executive branch agency that supports research on substances' medical value. Such agency must ensure adequate marijuana supply for medical research. | {"src": "billsum_train", "title": "Compassionate Access Act"} | 1,759 | 360 | 0.49405 | 1.452174 | 0.684068 | 1.831081 | 4.628378 | 0.75 |
SECTION 1. TRAUMATIC INJURY PROTECTION.
(a) In General.--Subchapter III of chapter 19 of title 38, United
States Code, is amended--
(1) in section 1965, by adding at the end the following:
``(11) The term `activities of daily living' means the
inability to independently perform 2 of the 6 following
functions:
``(A) Bathing.
``(B) Continence.
``(C) Dressing.
``(D) Eating.
``(E) Toileting.
``(F) Transferring.''; and
(2) by adding at the end the following:
``Sec. 1980A. Traumatic injury protection
``(a) A member who is insured under subparagraph (A)(i), (B), or
(C)(i) of section 1967(a)(1) shall automatically be issued a traumatic
injury protection rider that will provide for a payment not to exceed
$100,000 if the member, while so insured, sustains a traumatic injury
that results in a loss described in subsection (b)(1). The maximum
amount payable for all injuries resulting from the same traumatic event
shall be limited to $100,000. If a member suffers more than 1 such loss
as a result of traumatic injury, payment will be made in accordance
with the schedule in subsection (d) for the single loss providing the
highest payment.
``(b)(1) A member who is issued a traumatic injury protection rider
under subsection (a) is insured against--
``(A) total and permanent loss of sight;
``(B) loss of a hand or foot by severance at or above the
wrist or ankle;
``(C) total and permanent loss of speech;
``(D) total and permanent loss of hearing in both ears;
``(E) loss of thumb and index finger of the same hand by
severance at or above the metacarpophalangeal joints;
``(F) quadriplegia, paraplegia, or hemiplegia;
``(G) burns greater than second degree, covering 30 percent
of the body or 30 percent of the face; and
``(H) coma or the inability to carry out the activities of
daily living resulting from traumatic injury to the brain.
``(2) For purposes of this subsection--
``(A) the term `quadriplegia' means the complete and
irreversible paralysis of all 4 limbs;
``(B) the term `paraplegia' means the complete and
irreversible paralysis of both lower limbs; and
``(C) the term `hemiplegia' means the complete and
irreversible paralysis of the upper and lower limbs on 1 side
of the body.
``(3) In no case will a member be covered against loss resulting
from--
``(A) attempted suicide, while sane or insane;
``(B) an intentionally self-inflicted injury or any attempt
to inflict such an injury;
``(C) illness, whether the loss results directly or
indirectly;
``(D) medical or surgical treatment of illness, whether the
loss results directly or indirectly;
``(E) any infection other than--
``(i) a pyogenic infection resulting from a cut or
wound; or
``(ii) a bacterial infection resulting from
ingestion of a contaminated substance;
``(F) the commission of or attempt to commit a felony;
``(G) being legally intoxicated or under the influence of
any narcotic unless administered or consumed on the advice of a
physician; or
``(H) willful misconduct as determined by a military court,
civilian court, or administrative body.
``(c) A payment under this section may be made only if--
``(1) the member is insured under Servicemembers' Group
Life Insurance when the traumatic injury is sustained;
``(2) the loss results directly from that traumatic injury
and from no other cause; and
``(3) the member suffers the loss not later than 90 days
after sustaining the traumatic injury, except, if the loss is
quadriplegia, paraplegia, or hemiplegia, the member suffers the
loss not later than 365 days after sustaining the traumatic
injury.
``(d) Payments under this section for losses described in
subsection (b)(1) will be made in accordance with the following
schedule:
``(1) Loss of both hands, $100,000.
``(2) Loss of both feet, $100,000.
``(3) Inability to carry out activities of daily living
resulting from traumatic brain injury, $100,000.
``(4) Burns greater than second degree, covering 30 percent
of the body or 30 percent of the face, $100,000.
``(5) Loss of sight in both eyes, $100,000.
``(6) Loss of 1 hand and 1 foot, $100,000.
``(7) Loss of 1 hand and sight of 1 eye, $100,000.
``(8) Loss of 1 foot and sight of 1 eye, $100,000.
``(9) Loss of speech and hearing in 1 ear, $100,000.
``(10) Total and permanent loss of hearing in both ears,
$100,000.
``(11) Quadriplegia, $100,000.
``(12) Paraplegia, $75,000.
``(13) Loss of 1 hand, $50,000.
``(14) Loss of 1 foot, $50,000.
``(15) Loss of sight one eye, $50,000.
``(16) Total and permanent loss of speech, $50,000.
``(17) Loss of hearing in 1 ear, $50,000.
``(18) Hemiplegia, $50,000.
``(19) Loss of thumb and index finger of the same hand,
$25,000.
``(20) Coma resulting from traumatic brain injury, $50,000
at time of claim and $50,000 at end of 6-month period.
``(e)(1) During any period in which a member is insured under this
section and the member is on active duty, there shall be deducted each
month from the member's basic or other pay until separation or release
from active duty an amount determined by the Secretary of Veterans
Affairs as the premium allocable to the pay period for providing
traumatic injury protection under this section (which shall be the same
for all such members) as the share of the cost attributable to provided
coverage under this section, less any costs traceable to the extra
hazards of such duty in the uniformed services.
``(2) During any month in which a member is assigned to the Ready
Reserve of a uniformed service under conditions which meet the
qualifications set forth in section 1965(5)(B) of this title and is
insured under a policy of insurance purchased by the Secretary of
Veterans Affairs under section 1966 of this title, there shall be
contributed from the appropriation made for active duty pay of the
uniformed service concerned an amount determined by the Secretary of
Veterans Affairs (which shall be the same for all such members) as the
share of the cost attributable to provided coverage under this section,
less any costs traceable to the extra hazards of such duty in the
uniformed services. Any amounts so contributed on behalf of any member
shall be collected by the Secretary of the concerned service from such
member (by deduction from pay or otherwise) and shall be credited to
the appropriation from which such contribution was made in advance on a
monthly basis.
``(3) The Secretary of Veterans Affairs shall determine the premium
amounts to be charged for traumatic injury protection coverage provided
under this section.
``(4) The premium amounts shall be determined on the basis of sound
actuarial principles and shall include an amount necessary to cover the
administrative costs to the insurer or insurers providing such
insurance.
``(5) Each premium rate for the first policy year shall be
continued for subsequent policy years, except that the rate may be
adjusted for any such subsequent policy year on the basis of the
experience under the policy, as determined by the Secretary of Veterans
Affairs in advance of that policy year.
``(6) The cost attributable to insuring such member under this
section, less the premiums deducted from the pay of the member's
uniformed service, shall be paid by the Secretary of Defense to the
Secretary of Veterans Affairs. This amount shall be paid on a monthly
basis, and shall be due within 10 days of the notice provided by the
Secretary of Veterans Affairs to the Secretary of the concerned
uniformed service.
``(7) The Secretary of Defense shall provide the amount of
appropriations required to pay expected claims in a policy year, as
determined according to sound actuarial principles by the Secretary of
Veterans Affairs.
``(8) The Secretary of Defense shall forward an amount to the
Secretary of Veterans Affairs that is equivalent to half the
anticipated cost of claims for the current fiscal year, upon the
effective date of this legislation.
``(f) The Secretary of Defense shall certify whether any member
claiming the benefit under this section is eligible.
``(g) Payment for a loss resulting from traumatic injury will not
be made if the member dies not more than 7 days after the date of the
injury. If the member dies before payment to the member can be made,
the payment will be made according to the member's most current
beneficiary designation under Servicemembers' Group Life Insurance, or
a by law designation, if applicable.
``(h) Coverage for loss resulting from traumatic injury provided
under this section shall cease at midnight on the date of the member's
separation from the uniformed service. Payment will not be made for any
loss resulting from injury incurred after the date a member is
separated from the uniformed services.
``(i) Insurance coverage provided under this section is not
convertible to Veterans' Group Life Insurance.''.
(b) Clerical Amendment.--The table of sections for chapter 19 of
title 38, United States Code, is amended by adding after the item
relating to section 1980 the following:
``1980A. Traumatic injury protection.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by section 1 shall take effect on the first day
of the first month beginning more than 180 days after the date of
enactment of this Act. | Amends Federal veterans' benefits provisions to require that a member insured under the Servicemembers' Group Life Insurance (SGLI) program be automatically issued a traumatic injury protection rider that will provide a payment of up to $100,000 per event if the member, while so insured, sustains a traumatic injury that results in: (1) a loss of sight, limbs, movement, speech, or hearing; (2) certain burns; or (3) a coma or the inability to carry out certain daily living activities. Provides coverage exceptions, including attempted suicide or self-inflicted injury, committing or attempting to commit a felony, being legally intoxicated, or willful misconduct. Provides specific payment amounts with respect to each type of injury or loss.
Requires the payment, while a member is serving on active or reserve duty, of premiums for such additional coverage.
Terminates such coverage upon separation from the Armed Forces. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to provide a traumatic injury protection rider to servicemembers insured under section 1967(a)(1) of such title."} | 2,258 | 211 | 0.492886 | 1.362361 | 0.785781 | 2.778409 | 12.340909 | 0.846591 |
SECTION 1. EXEMPTION FROM INCOME TAX FOR STATE-CREATED ORGANIZATIONS
PROVIDING PROPERTY AND CASUALTY INSURANCE FOR PROPERTY
FOR WHICH SUCH COVERAGE IS OTHERWISE UNAVAILABLE.
(a) In General.--Subsection (c) of section 501 of the Internal
Revenue Code of 1986 (relating to exemption from tax on corporations,
certain trusts, etc.) is amended by adding at the end the following new
paragraph:
``(28)(A) Any association created before January 1, 1999,
by State law and organized and operated exclusively to provide
property and casualty insurance coverage for property located
within the State for which the State determines, through
appropriate State action, that coverage in the authorized
insurance market is not reasonably available to a substantial
number of insurable real properties (and any successor
association) if--
``(i) no part of the net earnings of which inures
to the benefit of any private shareholder or
individual,
``(ii) except as provided in clause (v), no part of
the assets of which may be used for, or diverted to,
any purpose other than--
``(I) to satisfy, in whole or in part, the
liability of the association for, or with
respect to, claims made on policies written by
the association,
``(II) to invest in investments authorized
by applicable law,
``(III) to pay reasonable and necessary
administration expenses in connection with the
establishment and operation of the association
and the processing of claims against the
association, or
``(IV) to make remittances pursuant to
State law to be used by the State to provide
for the payment of claims on policies written
by the association, purchase reinsurance
covering losses under such policies, or to
support governmental programs to prepare for or
mitigate the effects of natural catastrophic
events,
``(iii) the State law governing the association
permits the association to levy assessments on
insurance companies authorized to sell property and
casualty insurance in the State, or on property and
casualty insurance policyholders with insurable
interests in property located in the State to fund
deficits of the association, including the creation of
reserves,
``(iv) the plan of operation of the association is
subject to approval by the chief executive officer or
other official of the State, by the State legislature,
or both, and
``(v) the assets of the association revert upon
dissolution to the State, the State's designee, or an
entity designated by the State law governing the
association, or State law does not permit the
dissolution of the association.
``(B)(i) An entity described in clause (ii) (and any
successor entity) shall be disregarded as a separate entity and
treated as part of the association described in subparagraph
(A) from which it receives remittances described in clause (ii)
if an election is made within 30 days after the date that such
association is determined to be exempt from tax.
``(ii) An entity is described in this clause if it is an
entity or fund created before January 1, 1999, pursuant to
State law and organized and operated exclusively to receive,
hold, and invest remittances from an association described in
subparagraph (A) and exempt from tax under subsection (a), to
make disbursements to pay claims on insurance contracts issued
by such association, and to make disbursements to support
governmental programs to prepare for or mitigate the effects of
natural catastrophic events.''.
(b) Unrelated Business Taxable Income.--Subsection (a) of section
512 of such Code (relating to unrelated business taxable income) is
amended by adding at the end the following new paragraph:
``(6) Special rule applicable to organizations described in
section 501(c)(28)--In the case of an organization described in
section 501(c)(28), the term `unrelated business taxable
income' means taxable income for a taxable year computed
without the application of section 501(c)(28) if at the end of
the immediately preceding taxable year the organization's net
equity exceeded 15 percent of the total coverage in force under
insurance contracts issued by the organization and outstanding
at the end of such preceding year.''.
(c) Transitional Rule.--No income or gain shall be recognized by an
association as a result of a change in status to that of an association
described by section 501(c)(28) of the Internal Revenue Code of 1986,
as amended by subsection (a).
(d) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2001. | Exempts an organization from income tax if it is created by a State to provide property and casualty insurance coverage for property for which such coverage is otherwise unavailable. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exempt from income tax State-created organizations providing property and casualty insurance for property for which such coverage is otherwise unavailable."} | 1,041 | 37 | 0.552044 | 1.272794 | 0.227509 | 4.9 | 31.366667 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Health Insurance Program Act
of 2001''.
SEC. 2. STATE OPTION TO PROVIDE HEALTH BENEFITS COVERAGE FOR PARENTS OF
CHILDREN ELIGIBLE FOR CHILD HEALTH ASSISTANCE UNDER THE
STATE CHILDREN'S HEALTH INSURANCE PROGRAM.
(a) In General.--Title XXI of the Social Security Act (42 U.S.C.
1397aa et seq.) is amended by adding at the end the following new
section:
``SEC. 2111. OPTIONAL COVERAGE OF PARENTS OF TARGETED LOW-INCOME
CHILDREN.
``(a) Optional Coverage.--
``(1) In general.--Notwithstanding any other provision of
this title, a State that meets the requirements of paragraph
(2) may provide for coverage, through an amendment to its State
child health plan under section 2102, of parent health
assistance for targeted low-income parents in accordance with
this section.
``(2) Requirements.--A State may not receive payment under
section 2105 for coverage provided under this subsection (or
payment under section 1903 for medical assistance provided to
parents described in section 1902(a)(10)(A)(ii)(XIV)) unless
the State provides assurances satisfactory to the Secretary
that--
``(A) targeted low-income parents in families with
higher income are only made eligible (under title XIX
or this title) if targeted low-income parents in
families with lower income are also eligible; and
``(B) parents are enrolled in the same program
(whether under this title or title XIX) as a child of
the parents.
``(b) Definitions.--In this section:
``(1) Parent health assistance.--The term `parent health
assistance' has the meaning given the term child health
assistance in section 2110(a) as if any reference to targeted
low-income children were a reference to targeted low-income
parents.
``(2) Targeted low-income parent.--The term `targeted low-
income parent' means an individual who--
``(A) is a parent of a targeted low-income child;
and
``(B) otherwise satisfies the requirements for a
child to be a targeted low-income child (as described
in section 2110(b)).
``(3) Parent.--The term `parent' means an individual who is
a caretaker relative of a child described in paragraph (2)(A).
Such term includes parents, stepparents with whom the child
resides, appointed guardians, grandparents, and other
relatives.
``(c) References to Terms and Special Rules.--In the case of, and
with respect to, a State providing for coverage of parent health
assistance to targeted low-income parents under subsection (a), the
following special rules apply:
``(1) Any reference in this title (other than in subsection
(b)) to a targeted low-income child is deemed to include a
reference to a targeted low-income parent.
``(2) Any such reference to child health assistance with
respect to such a parent is deemed a reference to parent health
assistance.
``(3) Any such reference to a child (other than in section
2104(b)) is deemed a reference to a parent of such child.
``(4) The medicaid applicable income level is the level
applicable to the child of that parent.
``(5) In applying section 2103(e)(3)(B) in the case of a
parent provided parent health assistance under this section,
the limitation on total annual aggregate cost-sharing shall be
applied to the entire family.
``(6) Section 2105(c)(3) shall be applied without regard to
subparagraph (A).
``(d) Rules of Construction.--Nothing in this section shall be
construed--
``(1) as affecting--
``(A) the total amount available for allotments
under section 2104(a); or
``(B) the amount of the allotment provided to a
State under subsection (b) or (c) of section 2104; or
``(2) as requiring a State to provide parent health
assistance to all targeted low-income parents.''.
(b) Medicaid Conforming Amendments.--
(1) Section 1902(a)(10)(A)(ii)(XIV) of the Social Security
Act (42 U.S.C. 1396a(a)(10)(A)(ii)(XIV)) is amended by
inserting ``or who are optional targeted low-income parents
described in section 1905(u)(2)(C), but only if the State
provides medical assistance for such optional targeted low-
income children'' before the semicolon.
(2) Section 1905(u)(2) of the Social Security Act (42
U.S.C. 1396d(u)(2)) is amended--
(A) in subparagraph (A), by inserting ``and for
optional targeted low-income parents described in
subparagraph (C)'' before the period; and
(B) by adding at the end the following new
subparagraph:
``(C) For purposes of this paragraph, the term ``optional targeted
low-income parent'' means an individual--
``(i) who is a parent of an optional targeted low-income
child;
``(ii) who otherwise satisfies the requirements for a child
to be a targeted low-income child (as described in section
2110(b) but determined without regard to that portion of
paragraph (1)(C) of such section concerning eligibility for
medical assistance under this title); and
``(iii) who are not otherwise eligible for medical
assistance under section 1902(a)(10)(A) or section 1931.''.
(c) Effective Date.--The amendments made by this section apply to
parent health assistance and medical assistance furnished on or after
October 1, 2001. | Family Health Insurance Program Act of 2001 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act to give States the option to provide for coverage of parent health assistance for targeted low-income parents under SCHIP. | {"src": "billsum_train", "title": "A bill to amend titles XIX and XXI of the Social Security Act to allow States to provide health benefits coverage for parents of children eligible for child health assistance under the State children's health insurance program."} | 1,375 | 61 | 0.56184 | 1.248878 | 0.930146 | 3.959184 | 23.55102 | 0.897959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guaranteed Access to Health
Insurance Act of 2009''.
SEC. 2. ENSURING AFFORDABILITY FOR ALL THROUGH SPECIAL POOLING OF THE
COST OF HIGH RISK INDIVIDUALS.
(a) State Requirement.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, each State is encouraged to ensure
that an adequate financial backstop exists to mitigate the cost
of high risk individuals in the State, through establishing
either--
(A) a qualified State reinsurance program described
in subsection (b); or
(B) a qualifying State high risk pool described in
subsection (c)(1).
(2) Preference.--Beginning 3 years after the date of the
enactment of this Act, in the case of a competitive grant for
which the only eligible entities are States, the Secretary, in
awarding such grant to a State, shall give preference to any
State with a program that meets the requirements of paragraph
(1)(A).
(b) Qualified State Reinsurance Program.--
(1) In general.--For purposes of this section, the term
``qualified State reinsurance program'' means a program
operated by a State or a State authorized program that provides
reinsurance for health insurance coverage offered in the
individual, small group market, or in both markets.
(2) Form of program.--A qualified State reinsurance program
may provide reinsurance--
(A) on a prospective or retrospective basis;
(B) that protects health insurance issuers against
the annual aggregate spending of their enrollees; and
(C) that provides purchase protection against
individual catastrophic costs.
(c) Qualifying State High Risk Pool.--
(1) In general.--A qualifying State high risk pool
described in this subsection means a section 2745 qualified
high risk pool that meets the following requirements:
(A) The high risk pool does not have a lifetime
coverage cap.
(B) The high risk pool incorporates applicable
Federal or State programs (such as coverage under title
XIX of the Social Security Act) for eligible low-income
individuals.
(C) The high risk pool provides a variety of types
of coverage, including at least one high deductible
health plan that is combined with a health savings
account.
(D) The high risk pool eliminates any waiting list
and pre-existing condition exclusionary periods so that
all eligible residents who are seeking coverage through
the pool can receive coverage through the pool.
(E) The high risk pool allows for coverage of
individuals who, but for the 24-month disability
waiting period under section 226(b) of the Social
Security Act, would be eligible for Medicare during the
period of such waiting period.
(F) The high risk pool must not charge participants
more than 150 percent of the average premium in the
individual market for health insurance coverage in that
State.
(G) The high risk pool conducts education and
outreach initiatives so that residents and insurance
brokers understand that the pool is available to
eligible residents.
(2) Use of funds for the transition.--A State may use any
funding sources available to it as of the date of the enactment
of this Act to transition from operating a section 2745 high
risk pool, to operating a qualified State reinsurance program
described in paragraph (1).
(3) Funding source.--The high risk pool described in this
subsection is also encouraged to have stable funding source
that is not solely dependent on an appropriation from the State
legislature.
(d) Relation to Section 2745.--Section 2745 of the Public Health
Service Act is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), strike ``40'' and insert
``30''; and
(B) add at the end the following new subparagraph:
``(D) An amount equal to 10 percent of such
appropriated amount for the fiscal year shall be
allotted among qualifying States that apply for such a
grant so that the amount allotted to a State bears the
same ratio to such appropriated amount as the amount of
funds contributed to the operation of the qualified
high risk pool of the State by funding sources other
than grants under this subsection.''; and
(2) in subsection (g)(1)--
(A) in subparagraph (A), by striking ``The term''
and inserting ``Subject to subparagraph (B), the
term''; and
(B) by adding at the end the following new
subparagraph:
``(B) Updated definition.--Beginning on the last
day of the 2-year period beginning in the date of the
enactment of the Guaranteed Access to Health Insurance
Act of 2009, the term `qualified high risk pool'
means--
``(i) a pool that meets the requirements of
subparagraph (A) of this paragraph and the
requirements of section 2(c)(1) of such Act; or
``(ii) a qualified State reinsurance
program as such term is defined in section 2(b)
of such Act.''.
(e) Waivers.--
(1) In general.--In order to accommodate new and innovative
programs, the Secretary may waive such requirements of this
section for qualified State reinsurance programs and for
qualifying State high risk pools as the Secretary deems
appropriate.
(2) Coverage of high risk individuals.--The Secretary may
waive the requirement under subsection (a)(1) in the case of a
State that demonstrates, to the satisfaction of the Secretary,
that the State has provided an adequate financial backstop to
mitigate the cost of high risk individuals in the State in a
manner that is better than, as determined by the Secretary, the
requirements under such subsection.
(f) Seed Grants to States.--The Secretary shall provide, from the
funds appropriated, a grant of up to $5,000,000 to each State that has
not created a qualified high risk pool as of the date of enactment of
this Act. Such grants shall be made in the same manner, for the same
purpose, but are in addition to, grants to States made under Section
2745(a) of the Public Health Service Act.
(g) Verification of Citizenship or Alien Qualification.--
(1) In general.--Only citizens and nationals of the United
States shall be eligible to participate in a qualifying State
high risk pool or qualifying State reinsurance program
receiving funding under this section.
(2) Grant conditions.--As a condition of receiving grants
under this section, the Secretary shall require any State that
applies to receive grant funding under this section to certify
to the satisfaction of the Secretary that such State requires
all applicants for coverage in a qualifying State high risk to
pool or a qualifying State reinsurance program to provide
satisfactory documentation of such citizenship or nationality
and identity in a manner consistent with section 1903(x) of the
Social Security Act. The Secretary shall keep sufficient
records such that a determination of citizenship or nationality
has to be made once for any individual.
(h) Definitions.--In this section:
(1) The terms ``health insurance coverage'' and ``health
insurance issuer'' have the meanings given such terms in
section 2791 of the Public Health Service Act.
(2) The term ``section 2745 qualified high risk pool'' has
the meaning given the term ``qualified high risk pool'' under
section 2745(g)(1) of the Public Health Service Act as such
section is in effect on the date of the enactment of this Act.
(3) The term ``Secretary'' means Secretary of Health and
Human Services.
(4) The term ``State'' has the meaning given such term for
purposes of title XIX of the Social Security Act.
(i) Authorization of Appropriations.--For the purposes of carrying
out section 2745 of the Public Health Service Act and this section, in
addition to any other amounts authorized to be appropriated, there is
authorized to be appropriated, $20,000,000,000 beginning with 2010. Any
funds that are authorized under this subsection that are used for
purposes of carrying out section 2745 of the Public Health Service Act
shall be allocated to the allotments under such section in the
proportions required under subsection (d)(2) of such section. | Guaranteed Access to Health Insurance Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to provide grants to states that adopt a program that provides reinsurance for health insurance coverage or a high risk pool to mitigate the health care costs of high risk individuals in such states. Limits participation in such reinsurance programs or high risk pools to citizens and nationals of the United States. | {"src": "billsum_train", "title": "To enable States to establish reinsurance programs or high risk pools to ensure that high risk individuals are able to access health insurance."} | 1,807 | 87 | 0.589394 | 1.361872 | 0.654676 | 2.837838 | 22.581081 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Equity Act of 2017''.
SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX
RATES.
(a) General Rule.--Subsection (f) of section 1 of the Internal
Revenue Code of 1986 is amended by adding at the end thereof the
following new paragraphs:
``(9) Regional cost-of-living adjustments.--
``(A) In general.--In the case of an individual,
for taxable years beginning after 2017 the rate table
otherwise in effect under this section for any taxable
year (determined after the application of paragraph
(1)) shall be further adjusted as provided in
subparagraph (B).
``(B) Method of making regional adjustment.--The
rate table otherwise in effect under this section with
respect to any individual for any taxable year shall be
adjusted as follows:
``(i) The minimum and maximum dollar
amounts otherwise in effect for each rate
bracket shall be multiplied by the applicable
multiplier (for the calendar year in which the
taxable year begins) which applies to the
statistical area in which the individual's
primary place of abode during the taxable year
is located.
``(ii) The rate applicable to any rate
bracket (as adjusted by clause (i)) shall not
be changed.
``(iii) The amount setting forth the tax
shall be adjusted to the extent necessary to
reflect the adjustments in the rate brackets.
If any amount determined under clause (i) is not a
multiple of $50, such amount shall be rounded to the
nearest multiple of $50.
``(10) Determination of multipliers.--
``(A) In general.--Not later than December 15 of
each calendar year, the Secretary shall prescribe an
applicable multiplier for each statistical area of the
United States which shall apply to taxable years
beginning during the succeeding calendar year.
``(B) Determination of multipliers.--
``(i) For each statistical area where the
cost-of-living differential for any calendar
year is greater than 125 percent, the
applicable multiplier for such calendar year is
90 percent of such differential.
``(ii) For each statistical area where the
cost-of-living differential for any calendar
year exceeds 97 percent but does not exceed 125
percent, the applicable multiplier for such
calendar year is 1.05.
``(iii) For each statistical area not
described in clause (i) or (ii), the applicable
multiplier is the cost-of-living differential
for the calendar year.
``(C) Cost-of-living differential.--The cost-of-
living differential for any statistical area for any
calendar year is the percentage determined by
dividing--
``(i) the cost-of-living for such area for
the preceding calendar year; by
``(ii) the average cost-of-living for the
United States for the preceding calendar year.
``(D) Cost-of-living for area.--
``(i) In general.--For calendar year 2017
and each calendar year thereafter, the
Secretary of Labor shall determine and publish
a cost-of-living index for each statistical
area.
``(ii) Methodology.--The cost-of-living
index determined under clause (i) for any
statistical area for any calendar year shall be
based on average market prices for the area for
the 12-month period ending on August 31 of such
calendar year. The market prices taken into
account under the preceding sentence shall be
selected and used under the same methodology as
is used by the Secretary of Labor in developing
the Consumer Price Index for All Urban
Consumers.
``(E) Statistical area.--For purposes of this
subsection the term `statistical area' means--
``(i) any metropolitan statistical area as
defined by the Secretary of Commerce, and
``(ii) the portion of any State not within
a metropolitan statistical area as so defined.
``(11) Areas outside the united states.--The area
applicable multiplier for any area outside the United States
shall be 1.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017. | Tax Equity Act of 2017 This bill amends the Internal Revenue Code to provide for regional cost-of-living adjustments in individual income tax rates. The bill also directs the Department of Labor to determine and publish a regional cost-of-living index for each statistical area for 2017 and each calendar year thereafter. A "statistical area" is: (1) any metropolitan statistical area as defined by the Department of Commerce, and (2) the portion of any state not within a metropolitan statistical area. | {"src": "billsum_train", "title": "Tax Equity Act of 2017"} | 942 | 106 | 0.500305 | 1.216567 | 0.475123 | 4.111111 | 9.050505 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compound 1080 and M-44 Elimination
Act''.
SEC. 2. PROHIBITION OF COMPOUND 1080.
(a) Immediate Prohibition on Manufacture, Processing, or
Distribution in Commerce of Compound 1080.--
(1) Amendment of toxic substances control act.--Section 6
of the Toxic Substances Control Act (15 U.S.C. 2605) is amended
by adding at the end the following new subsection:
``(f) Compound 1080.--No person may manufacture, process, or
distribute in commerce sodium fluoroacetate (known as `Compound 1080'
or sodium monofluoroacetate).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
(b) Prohibition on Possession of Compound 1080.--
(1) Prohibition.--Whoever (other than a person acting under
the authority of section 3(c)) possesses sodium fluoroacetate
(known as ``Compound 1080'' or sodium monofluoroacetate) shall
be fined under title 18, United States Code, or imprisoned not
more than 2 years, or both.
(2) Effective date.--This subsection shall take effect at
the end of the 18-month period beginning on the first day of
the first month beginning on or after the date of the enactment
of this Act.
SEC. 3. COLLECTION AND DESTRUCTION OF STOCKS OF COMPOUND 1080.
(a) Inventory and Collection of Compound 1080 Held by the Federal
Government.--
(1) Inventory.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Agriculture, in
collaboration with the Administrator of the Environmental
Protection Agency and the Secretary of Homeland Security, shall
conduct an inventory to identify stocks of sodium fluoroacetate
(known as ``Compound 1080'' or sodium monofluoroacetate) held
by, or under the control of, any entity of the Federal
government.
(2) Collection.--During the collection period, the
Secretary of Agriculture, in collaboration with the Secretary
of Homeland Security, shall solicit and accept the transfer of
stocks of Compound 1080 held by, or under the control of, any
entity of the Federal government.
(3) Required transfer.--Each entity of the Federal
government--
(A) shall identify stocks of Compound 1080 held by,
or under the control of, such entity in accordance with
the inventory under paragraph (1);
(B) shall transfer such stocks to the Secretary of
Agriculture during the collection period; and
(C) shall transfer such stocks acquired by the
entity after the collection period to the Secretary of
Agriculture as soon as practicable, but not later than
6 months after the date of the acquisition of such
stocks.
(b) Information Campaign, Collection, and Compensation for Non-
Federal Entities.--
(1) Information campaign.--Beginning not later than 3
months after the date of the enactment of this Act, the
Secretary of Agriculture, in collaboration with the
Administrator of the Environmental Protection Agency and the
Secretary of Homeland Security, shall implement a program to
disseminate information to the public about the prohibition of
Compound 1080 under section 2 and the collection and
compensation program under this subsection.
(2) Collection.--During the collection period, the
Secretary of Agriculture, in collaboration with the Secretary
of Homeland Security, shall solicit and accept the transfer of
stocks of Compound 1080 held in public or private ownership in
the United States.
(3) Compensation.--
(A) In general.--The Secretary of Agriculture shall
compensate persons (other than an entity of the Federal
government) who transfer stocks of Compound 1080 to the
Secretary during the collection period for the
reasonable value of such stocks as determined by the
Secretary.
(B) Funding source.--Notwithstanding any other
provision of law, the funds to provide the compensation
required by subparagraph (A) shall be derived from
amounts made available for the Wildlife Services
Program of the Department of Agriculture. If such
amounts are insufficient to provide compensation to all
persons entitled to compensation under such subsection,
the Secretary shall use other funds appropriated or
otherwise made available to the Department.
(c) Destruction.--
(1) Initial destruction.--Not later than 2 years following
the date of the enactment of this Act, the Secretary of
Agriculture, in collaboration with the Secretary of Homeland
Security, shall destroy all stocks of Compound 1080 acquired
during the collection period and all stocks of Compound 1080
held by, or under the control of, the Department of Agriculture
as of the date of the enactment of this Act.
(2) Continuing destruction.--After the collection period,
the Secretary of Agriculture shall continue to accept the
transfer of stocks of Compound 1080 pursuant to subsection
(a)(3)(C) and shall destroy all such stocks as soon as
practicable.
(d) Collection Period Defined.--In this section, the term
``collection period'' means the 18-month period beginning on the first
day of the first month beginning on or after the date of the enactment
of this Act.
SEC. 4. PROHIBITION ON THE USE OF M-44.
(a) Prohibition.--No entity of the Federal government may use M-44.
(b) Definition.--For the purposes of this Act, the term ``M-44''
means--
(1) sodium cyanide packaged in a dispenser designed to
propel sodium cyanide when activated; and
(2) any other form of sodium cyanide, including sodium
cyanide capsules, used for wildlife management or other animal
control purposes. | Compound 1080 and M-44 Elimination Act - Amends the Toxic Substances Control Act to prohibit the manufacture, processing, possession, or distribution in commerce of sodium fluoroacetate (known as Compound 1080 or sodium monofluoroacetate).
Directs the Secretary of Agriculture to: (1) conduct an inventory to identify stocks of Compound 1080 under federal control; (2) provide for the collection and destruction of all remaining stocks of Compound 1080 and the compensation of persons (other than federal entities) who transfer stocks of Compound 1080 to the Secretary; and (3) disseminate information to the public about the ban on Compound 1080 and the collection and compensation program under this Act.
Prohibits any federal entity from using M-44. Defines "M-44" as sodium cyanide packaged in a dispenser designed to propel it when activated and any other form of sodium cyanide used for wildlife management or other animal control purposes. | {"src": "billsum_train", "title": "To prohibit the manufacture, processing, possession, or distribution in commerce of the poison sodium fluoroacetate (known as \"Compound 1080\"), to provide for the collection and destruction of remaining stocks of Compound 1080, to compensate persons who turn in Compound 1080 to the Secretary of Agriculture for destruction, to prohibit the use of certain predator control devices by the federal government, and for other purposes."} | 1,255 | 211 | 0.659856 | 1.782083 | 0.829858 | 3.964286 | 6.595238 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Quality Assistance and
Leadership and Improving Transparency for Women Act'' or the ``EQUALITY
Act''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds the following:
(1) Women are vital to successful development. On January
6, 2010, Secretary of State Clinton stated, ``Women and girls
are one of the world's greatest untapped resources. Investing
in the potential of women to lift and lead their societies is
one of the best investments we can make. . . . (S)tudies have
shown when a woman receives even just one year of schooling,
her children are less likely to die in infancy or suffer from
illness or hunger, and more likely to go to school
themselves.''.
(2) According to the World Bank--
(A) investing in women and girls yields large
social and economic returns, including breaking
intergenerational cycles of poverty; and
(B) societies that treat males and females more
equally experience more rapid economic growth and
poverty reduction than societies that discriminate
based on gender.
(3) United Nations Millennium Development Goal 3 (MDG3)
calls for redressing gender disparities and empowering women.
According to the United Nations, women have more access to
employment now than ever before; but they still earn \1/3\ less
than men. According to the World Bank, MDG3 is the critical
avenue through which several other goals are achievable,
including--
(A) universal primary education (MDG2);
(B) a \2/3\ reduction in the mortality rate among
children younger than 5 years of age (MDG4);
(C) improvements in maternal health (MDG5); and
(D) a reduction in the likelihood of contracting
HIV/AIDS and other major diseases (MDG6).
(4) Properly investing in women requires a cross-cutting,
multi-sectoral approach. On October 8, 2009, Melanne Verveer,
Ambassador-at-Large for Global Women's Issues, stated ``The
major economic, security, governance, and environmental
challenges of our time cannot be solved without the
participation of women at all levels of society. Empowering
women is one of the most effective and positive forces for
improving conditions around the globe. Indeed, no country can
prosper if half its people are left behind.''.
(5) The Department of State and the United States Agency
for International Development need stronger tools to create a
comprehensive plan and approach to mainstreaming women in
development. As of 2010, these efforts are only nascent. In his
December 2, 2009, confirmation hearing before the Committee on
Foreign Relations of the Senate, USAID Administrator Dr. Rajiv
Shah stated ``I believe effective gender integration is often
the difference between success and failure of a broad variety
of development investments.''.
SEC. 3. OFFICE FOR GLOBAL WOMEN'S ISSUES.
(a) Establishment.--
(1) In general.--There is established, in the Office of the
Secretary of State, the Office for Global Women's Issues
(referred to in this section as the ``Office'').
(2) Personnel.--The Secretary of State may assign
appropriate staff with relevant technical and operational
expertise to the Office to carry out the purposes of this
section.
(b) Ambassador-at-Large for Global Women's Issues.--The Office
shall be headed by an Ambassador-at-Large for Global Women's Issues
(referred to in this section as the ``Ambassador''), who--
(1) shall be appointed by the President, by and with the
advice and consent of the Senate;
(2) shall report directly to the Secretary of State; and
(3) shall have the rank and status of Ambassador-at-Large.
(c) Duties.--
(1) In general.--The Ambassador is authorized to--
(A) coordinate and advise on activities, policies,
programs, and funding of relevant bureaus and offices
of the Department of State, which relate to--
(i) gender integration;
(ii) women's and girls' economic, social
and legal development, protection, improvement
in role and status in societies; and
(iii) prevention and response to violence
against women and girls, including child and
forced marriage;
(B) promote and advance the full integration of
gender analysis into the programs, structures,
processes, and capacities of the Department of State
and other Federal Government agencies conducting
international programs;
(C) work with relevant offices within the
Department of State to promote the collection,
retention, and analysis of data on programs and
activities of the Department--
(i) to integrate gender into its policies
and programs;
(ii) regarding the protection and economic,
social, and legal development of women and
girls;
(iii) to improve the role and status of
women and girls in societies; and
(iv) to prevent and respond to violence
against women and girls, including child and
forced marriage; and
(D) in coordination with relevant bureaus and
offices of the Department of State, design support, and
implement relevant activities and programs regarding
international girls' and women's issues.
(2) Coordinating role.--The Ambassador is authorized to--
(A) advise and coordinate with relevant Executive
Branch agencies engaged in international women's
policies and programs, including the Department of
Justice, the Department of Labor, the Department of
Education, the Department of Health and Human Services,
the Department of Agriculture, the Department of
Defense, the Department of Commerce, the United States
Agency for International Development and the Millennium
Challenge Corporation, on policies, programs, and
funding of such agencies relating to women's issues in
their international programs and policies; and
(B) work with relevant Executive Branch agencies
described in subparagraph (A), to compile and make
public comprehensive information about United States
Government international programs relating to--
(i) the economic, social, and legal
development of women and girls;
(ii) the protection of women and girls;
(iii) the improvement of the role and
status of women and girls in societies;
(iv) the prevention of and response to
violence against women and girls, including
child and forced marriage; and
(v) the outcomes and effectiveness of such
programs.
(3) Diplomatic representation.--Subject to the direction of
the President and the Secretary of State, the Ambassador is
authorized to represent the United States in matters relevant
to the status of women internationally.
(d) Interagency Cooperation.--
(1) Authorization.--The Ambassador is authorized--
(A) to provide advice and guidance, as appropriate,
to the Federal Government agencies described in
subsection (c)(2)(A); and
(B) on behalf of the Secretary of State, to convene
periodic meetings with other Federal Government
agencies to enhance and ensure effective coordination
of policies, programs, and resources regarding critical
issues related to international women's status and
development.
(2) Sense of the senate.--It is the sense of the Senate
that the heads of relevant Federal Government agencies
described in subsection (c)(2)(A) should ensure effective
implementation and coordination of all international women's
policies and programs by annually sharing information with the
Office on programs described in subsection (c)(2)(B).
(e) Congressional Briefings.--Not later than 6 months after the
date of the enactment of this Act, and annually thereafter, the
Ambassador shall brief Congress on the integration of gender
considerations into its strategies, programming, and associated
outcomes, and interagency cooperation.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be required for each of the fiscal years
2011 through 2015 to carry out the activities authorized under this
section.
SEC. 4. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT WOMEN'S
DEVELOPMENT ADVISOR.
(a) Establishment.--
(1) In general.--There is established, within the United
States Agency for International Development (referred to in
this section as ``USAID''), the Women's Development Advisor
(referred to in this section as the ``Advisor''), who shall--
(A) be appointed by, and report directly to, the
USAID Administrator;
(B) be highly qualified in the areas of
international development and gender integration; and
(C) participate in high level strategic policy,
planning, operations, and evaluations throughout all
regional and functional disciplines of USAID.
(2) Support staff.--The Office of Women in International
Development shall report directly to the Advisor. The USAID
Administrator may assign additional staff with technical and
operational expertise as may be needed to assist the Advisor in
carrying out the purposes of this section.
(b) Duties.--The Advisor is authorized to--
(1) coordinate USAID efforts to integrate gender in foreign
assistance design, strategy, and programs;
(2) coordinate and consult with the Ambassador;
(3) inform the USAID Administrator of United States
Government policies relating to gender, including those
disseminated by the Ambassador;
(4) collect and make publicly available data and analysis
on gender integration activities, women's development,
strategies for gender-based violence prevention and response,
in accordance with agency-wide mechanisms for data collection,
monitoring, and evaluation; and
(5) provide recommendations to the Administrator.
(c) Congressional Briefings.--Not later than 6 months after the
date of the enactment of this Act, and annually thereafter, the USAID
Administrator or the Advisor shall provide to Congress data collected
under subsection (b)(5) on the integration of gender, women's
development, and gender-based violence prevention and response into its
strategies, programming, and associated outcomes.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2011 through 2015 to carry out the activities authorized under this
section.
SEC. 5. COMPTROLLER GENERAL REPORT.
(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that provides a detailed accounting of all United
States Government financial assistance--
(1) to further international economic, social, and legal
development for women and girls;
(2) to provide protection for women and girls;
(3) to improve the role and status of women and girls in
societies;
(4) to prevent and respond to violence against women and
girls, including child and forced marriage; and
(5) to address related issues.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a description and assessment of the programs authorized
and funded to address the issues set forth in paragraphs (1)
through (5) of subsection (a);
(2) an assessment of the coordination among Federal
agencies involved in such programs, including--
(A) an examination of the internal coordination
within such programs; and
(B) the integration with the larger global health
and development agenda of the United States;
(3) an assessment of procurement policies and practices
within such programs;
(4) an assessment of the impact of such efforts; and
(5) recommendations for improving the coordination and
outcomes of such programs and funding. | Enhancing Quality Assistance and Leadership and Improving Transparency for Women Act or the EQUALITY Act - Establishes in the Office of the Secretary of State the Office for Global Women's Issues which shall be headed by an Ambassador-at-Large for Global Women's Issues.
Establishes in the United States Agency for International Development (USAID) the Women's Development Advisor who shall coordinate USAID efforts to integrate gender in foreign assistance design, strategy, and programs.
Directs the Comptroller General of the United States to report to Congress regarding U.S. government financial assistance to further international economic, social, and legal development for women and girls. | {"src": "billsum_train", "title": "A bill to establish the Office for Global Women's Issues and the Women's Development Advisor to facilitate interagency coordination and the integration of gender considerations into the strategies, programming, and associated outcomes of the Department of State and the United States Agency for International Development, and for other purposes."} | 2,430 | 145 | 0.4033 | 1.236293 | 0.711932 | 6.220339 | 19.966102 | 0.966102 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Response Reform Act of
2015''.
TITLE I--FEMA DISASTER ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS
SEC. 101. HOUSING UNITS IN HOUSING COOPERATIVES.
(a) Housing Cooperative Defined.--Section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)
is amended by adding at the end the following:
``(13) Housing cooperative.--The term `housing cooperative'
means a multi-unit housing project in which each dwelling unit
is subject to separate use and possession by one or more
cooperative members whose interest in such unit, and in any
undivided assets of the cooperative association that are
appurtenant to such unit, is evidenced by a membership or share
interest in a cooperative association and a lease or other
document of title or possession granted by such cooperative as
the owner of all cooperative property.''.
(b) Major Disaster Assistance to Individuals and Households.--
Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174(c)) is amended by adding at the end the
following:
``(5) Housing cooperatives.--
``(A) Damaged housing units.--In carrying out
paragraphs (2) and (3), the President shall--
``(i) treat an owner-occupied housing unit
of a housing cooperative in the same manner as
an owner-occupied private residence; and
``(ii) provide financial assistance for
owner-occupied housing units of housing
cooperatives on a unit-by-unit basis.
``(B) Essential living items.--
``(i) Eligibility for financial
assistance.--The President may provide
financial assistance under paragraphs (2) and
(3) in connection with essential living items
that are owned by the association for a housing
cooperative and located in an owner-occupied
housing unit of the housing cooperative.
``(ii) Procedures.--
``(I) In general.--The President
shall establish procedures for
providing assistance under clause (i).
The procedures shall ensure that
essential services in individual
housing units of housing cooperatives
are promptly restored following a major
disaster and such units are returned to
a safe and sanitary living or
functioning condition.
``(II) Recipients of assistance.--
Under such procedures, the President
may provide financial assistance
directly to residents of owner-occupied
housing units of a housing cooperative
or to the association for the housing
cooperative.
``(C) Essential living item defined.--In this
paragraph, the term `essential living item' means those
items necessary to return a residence to a safe and
sanitary living or functioning condition.''.
(c) Applicability.--The amendment made by subsection (b) shall
apply to a major disaster declared by the President under section 401
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) after the date of enactment of this Act.
SEC. 102. PERSONAL PROPERTY IN BASEMENTS.
(a) In General.--Section 408(c) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is further
amended by adding at the end the following:
``(6) Personal property in basements.--
``(A) Financial assistance for damaged personal
property.--In carrying out paragraphs (2) and (3), the
President shall provide financial assistance in
connection with personal property that is damaged in a
major disaster and is located in the basement of an
owner-occupied private residence in the same manner and
to the same extent as personal property that is damaged
in a major disaster and is located in any other portion
of the residence.
``(B) Basement defined.--In this paragraph, the
term `basement' means an enclosed area of a dwelling
where any portion of the exterior wall or concrete
floor is below grade.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to a major disaster declared by the President under section 401
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) after the date of enactment of this Act.
TITLE II--MORTGAGE RELIEF FOR HOMEOWNERS IN DISASTER AREAS
SEC. 201. 90-DAY MORATORIUM ON FORECLOSURES.
(a) Minimum Requirement.--Each applicable agency head (as such term
is defined in section 204) shall prohibit mortgagees and servicers
under covered mortgages from initiating any foreclosure, whether
judicial or nonjudicial, or taking any action in furtherance of a
foreclosure already commenced, including conducting any foreclosure
sale, with respect to the covered mortgage during the 90-day period
that begins upon the Presidential declaration of the disaster referred
to in section 204(2)(A)(ii) with respect to such mortgage.
(b) Additional Relief.--Subsection (a) may not be construed to
prevent or prohibit an applicable agency head from extending the period
specified in such subsection or taking any other relief or forbearance
action with respect to covered mortgages.
SEC. 202. REQUIREMENT TO OFFER FORBEARANCE TO AFFECTED HOMEOWNERS.
(a) Notification.--Each applicable agency head shall require each
mortgagee of a covered mortgage to notify the mortgagor under the
mortgage, in writing, not later than the expiration of the 45-day
period that begins upon the Presidential declaration of the disaster
referred to in section 204(2)(A)(ii) with respect to such mortgage, and
in such form as the applicable agency heads shall require pursuant to
guidelines issued under section 205--
(1) that the mortgage is a covered mortgage that may be
eligible for forbearance relief under this section;
(2) of the requirements for eligible homeowners to qualify
for such relief;
(3) of the terms of such relief;
(4) of what action the mortgagor must take to request such
relief;
(5) that the mortgagor and the mortgagee can agree to terms
of forbearance in lieu of or in addition to forbearance relief
that may be required under this section to be offered to the
mortgagor; and
(6) how to contact the mortgagee regarding such additional
or alternative relief.
(b) Request for Relief.--The applicable agency heads shall, by
guidelines issued under section 205, provide for mortgagors under
covered mortgages to submit requests, during the 90-day period
beginning upon the expiration of the notification period under
subsection (a), to the mortgagees of such mortgages for forbearance
relief under this section.
(c) Determination.--Upon receipt of a request made by a mortgagor
under a covered mortgage for forbearance relief under this section that
is submitted during the period referred to in subsection (b), the
mortgagee shall promptly determine whether the mortgagor is an eligible
homeowner and immediately notify the mortgagor in writing of such
determination.
(d) Requirement To Offer Forbearance.--If, pursuant to a request
for relief submitted pursuant to subsection (b) with respect to a
covered mortgage, the mortgagee for the mortgage determines that the
mortgagor under the mortgage is an eligible homeowner, the mortgagee
shall, together with the notification required under subsection (c)
submit to the eligible homeowner--
(1) a written offer for forbearance that meets the
requirements of subsection (e);
(2) an explanation of the terms of such offer and when such
offer will expire;
(3) an explanation of what action the mortgagor must take
to accept such offer;
(4) notification that the mortgagor and the mortgagee can
agree to terms of forbearance in lieu of or in addition to
forbearance relief required under this section to be offered to
the mortgagor; and
(5) how to contact the mortgagee regarding such additional
or alternative relief.
(e) Terms of Forbearance.--
(1) In general.--An offer for forbearance with respect to a
covered mortgage meets the terms of this subsection only if--
(A) the forbearance provides--
(i) for the suspension of payments due
under the mortgage for a period that--
(I) has a duration that is not
shorter than 6 months; and
(II) begins after the declaration
of the major disaster referred to in
section 204(2)(A)(ii) but not later
than 120 days after such declaration,
and may cover periods for which
payments due under the mortgage were
not paid that occurred before the offer
for relief under this section was
accepted; and
(ii) for recoupment of any arrearage of
amounts due under the mortgage resulting from
forbearance to by increasing the monthly
payments due under the mortgage after the
expiration of the forbearance period by an
amount not exceeding 5 percent of the monthly
amount that would otherwise be due for such
month under the original terms of the mortgage;
and
(B) the offer provides for forbearance and terms,
requirements, and procedures for such forbearance that
otherwise comply with guidelines issued by the
Secretary and the Director pursuant to paragraph (2) of
this subsection.
(2) Establishment of terms.--The applicable agency heads
shall, by guidelines issued pursuant to section 205, provide
for the terms, requirements, and procedures for forbearance
offered under this section.
(f) Other Forbearance.--
(1) Agreements between mortgagor and mortgagee.--This
section may not be construed to prevent an eligible homeowner
and the mortgagee for the covered mortgage of such eligible
homeowner from agreeing to any other forms or terms of
forbearance, regardless of whether such eligible homeowner
makes a request under subsection (b) or receives an offer of
forbearance pursuant to subsection (d).
(2) Limitations on agencies.--An applicable agency head may
not establish--
(A) any limitations or restrictions on the forms or
terms of forbearance relief that a mortgagee may offer
or agree to with respect to a covered mortgage,
including the duration of the forbearance period, the
duration of the period for recoupment of arrearages
resulting from forbearance, and the amount of principal
forgiven; or
(B) any requirement that a mortgagee obtain
approval of the agency head before the mortgagee may
offer or agree to any particular forms or terms of
forbearance relief with respect to a covered mortgage.
SEC. 203. ENFORCEMENT.
(a) FHA.--The Secretary and the Mortgagee Review Board shall
enforce compliance by mortgagees with this title and the guidelines
issued to carry out this title under section 202(c) of the National
Housing Act (12 U.S.C. 1708(c)).
(b) Fannie Mae and Freddie Mac.--If the Director determines, on the
record after an opportunity for an agency hearing, that a mortgagee has
violated this title or the guidelines issued to carry out this title,
the Director shall prohibit the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation from purchasing,
acquiring, newly lending on the security of, newly investing in
securities consisting of, or otherwise newly dealing in any mortgage of
or originated by such mortgagee for a period of 12 months.
SEC. 204. DEFINITIONS.
For purposes of this title, the following definitions shall apply:
(1) Applicable agency head.--The term ``applicable agency
head'' means--
(A) the Secretary, with respect to a covered
mortgage described in paragraph (2)(B)(i); and
(B) the Director, with respect to a covered
mortgage described in paragraph (2)(B)(ii).
(2) Covered mortgage.--The term ``covered mortgage'' means
a mortgage--
(A) that is secured by a one- to four-family
dwelling that--
(i) is the principal residence of the
mortgagor; and
(ii) is located within an area for which a
major disaster was declared pursuant to section
401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170);
and
(B) that is--
(i) insured under title II of the National
Housing Act (12 U.S.C. 1707 et seq.); or
(ii) owned or guaranteed by the Federal
National Mortgage Association or the Federal
Home Loan Mortgage Corporation.
(3) Director.--The term ``Director'' means the Director of
the Federal Housing Finance Agency.
(4) Eligible homeowner.--The term ``eligible homeowner''
means a mortgagor under a covered mortgage whose--
(A) household experienced a disruption in income as
a result of the major disaster referred to in paragraph
(2)(A)(ii), as determined in accordance with guidelines
issued pursuant to section 205; or
(B) residence that secures the mortgage was damaged
as a result of the major disaster referred to in
paragraph (2)(A)(ii), as determined in accordance with
guidelines issued pursuant to section 205.
(5) Mortgagee.--The term ``mortgagee'' means, with respect
to a covered mortgage, the original lender under the mortgage
and any affiliates, agents, subsidiaries, successors, or
assignees of such lender, any subsequent purchaser, trustee, or
transferee of the mortgage or credit instrument issued by such
lender.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 205. GUIDELINES.
Not later than the expiration of the 30-day period beginning on the
date of the enactment of this Act, the Secretary and the Director shall
jointly issue regulations to carry out this title. | Disaster Response Reform Act of 2015 Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the President, in providing repair or replacement assistance to owner-occupied private residences damaged by a major disaster declared after enactment of this Act, to: (1) treat an owner-occupied housing unit of a housing cooperative in the same manner as an owner-occupied private residence, and (2) provide financial assistance for such units on a unit-by-unit basis. Authorizes the President to provide such assistance in connection with essential living items that are owned by the association for a housing cooperative and located in an owner-occupied housing unit of the cooperative. Directs the President to provide such repair or replacement assistance in connection with damaged personal property that is located in the basement of an owner-occupied private residence in the same manner and to the same extent as personal property that is is located in any other portion of the residence. Requires the Department of Housing and Urban Development (HUD) (for a covered mortgage that is owned or guaranteed by the Federal National Mortgage Association [Fannie Mae] or the Federal Home Loan Mortgage Corporation [Freddie Mac]) and the Federal Housing Finance Agency (FHFA) to prohibit mortgagees and servicers from initiating or taking action to further any foreclosure with respect to a covered mortgage for 90 days after a presidential declaration of the disaster. Defines a "covered mortgage" as a mortgage that: (1) is secured by a one- to four-family dwelling that is the mortgagor's principal residence and is located within a major disaster area declared by the President; and (2) is insured by the Federal Housing Administration or owned or guaranteed by Fannie Mae or Freddie Mac. Sets forth requirements for: (1) notification by mortgagees to mortgagors regarding such forbearance relief, (2) requests by mortgagors to mortgagees for such relief; and (3) determinations by mortgagees regarding a mortgagor's eligibility for relief. Requires a mortgagee who determines, pursuant to a mortgagor's request, that such mortgagor is an eligible homeowner, to submit to the eligible homeowner: a written offer for forbearance that meets the requirements of this Act; explanations of the terms of such offer, when it will expire, and what action the mortgagor must take to accept it; and notification that the mortgagor and the mortgagee can agree to terms of forbearance in lieu of or in addition to forbearance relief required to be offered under this Act and how to contact the mortgagee regarding such relief. Sets forth required terms of such forbearance, including: (1) a suspension of mortgage payments for at least six months, and (2) recoupment of any resulting arrearage by increasing the monthly payments due after the forbearance period by an not more than 5% of the monthly amount that would otherwise be due. Directs HUD to enforce compliance by mortgagees with this Act and the guidelines issued under it. Requires the FHFA, upon determining that a mortgagee has violated this Act, to prohibit Fannie Mae and Freddie Mac from acquiring or otherwise newly dealing in any mortgage of or originated by such mortgagee for 12 months. | {"src": "billsum_train", "title": "Disaster Response Reform Act of 2015"} | 3,135 | 725 | 0.601737 | 2.057208 | 0.727492 | 3.995033 | 4.453642 | 0.915563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Carriers and Mass
Transportation Protection Act of 2004''.
SEC. 2. ATTACKS AGAINST RAILROAD CARRIERS AND MASS TRANSPORTATION
SYSTEMS.
(a) In General.--Chapter 97 of title 18, United States Code, is
amended by striking sections 1992 through 1993 and inserting the
following:
``Sec. 1992. Terrorist attacks and other violence against railroad
carriers and against mass transportation systems on land,
on water, or through the air
``(a) General Prohibitions.--Whoever, in a circumstance described
in subsection (c), knowingly--
``(1) wrecks, derails, sets fire to, or disables railroad
on-track equipment or a mass transportation vehicle;
``(2) with intent to endanger the safety of any passenger
or employee of a railroad carrier or mass transportation
provider, or with a reckless disregard for the safety of human
life, and without previously obtaining the permission of the
railroad carrier--
``(A) places any biological agent or toxin,
destructive substance, or destructive device in, upon,
or near railroad on-track equipment or a mass
transportation vehicle; or
``(B) releases a hazardous material or a biological
agent or toxin on or near the property of a railroad
carrier or mass transportation provider;
``(3) sets fire to, undermines, makes unworkable, unusable,
or hazardous to work on or use, or places any biological agent
or toxin, destructive substance, or destructive device in,
upon, or near any--
``(A) tunnel, bridge, viaduct, trestle, track,
electromagnetic guideway, signal, station, depot,
warehouse, terminal, or any other way, structure,
property, or appurtenance used in the operation of, or
in support of the operation of, a railroad carrier,
without previously obtaining the permission of the
railroad carrier, and with intent to, or knowing or
having reason to know such activity would likely,
derail, disable, or wreck railroad on-track equipment;
``(B) garage, terminal, structure, track,
electromagnetic guideway, supply, or facility used in
the operation of, or in support of the operation of, a
mass transportation vehicle, without previously
obtaining the permission of the mass transportation
provider, and with intent to, or knowing or having
reason to know such activity would likely, derail,
disable, or wreck a mass transportation vehicle used,
operated, or employed by a mass transportation
provider; or
``(4) removes an appurtenance from, damages, or otherwise
impairs the operation of a railroad signal system or mass
transportation signal or dispatching system, including a train
control system, centralized dispatching system, or highway-
railroad grade crossing warning signal, without authorization
from the rail carrier or mass transportation provider;
``(5) with intent to endanger the safety of any passenger
or employee of a railroad carrier or mass transportation
provider or with a reckless disregard for the safety of human
life, interferes with, disables, or incapacitates any
dispatcher, driver, captain, locomotive engineer, railroad
conductor, or other person while the person is employed in
dispatching, operating, or maintaining railroad on-track
equipment or a mass transportation vehicle;
``(6) engages in conduct, including the use of a dangerous
weapon, with the intent to cause death or serious bodily injury
to any person who is on the property of a railroad carrier or
mass transportation provider that is used for railroad or mass
transportation purposes;
``(7) conveys false information, knowing the information to
be false, concerning an attempt or alleged attempt that was
made, is being made, or is to be made, to engage in a violation
of this subsection; or
``(8) attempts, threatens, or conspires to engage in any
violation of any of paragraphs (1) through (8);
shall be fined under this title or imprisoned not more than 20 years,
or both.
``(b) Aggravated Offense.--Whoever commits an offense under
subsection (a) of this section in a circumstance in which--
``(1) the railroad on-track equipment or mass
transportation vehicle was carrying a passenger or employee at
the time of the offense;
``(2) the railroad on-track equipment or mass
transportation vehicle was carrying high-level radioactive
waste or spent nuclear fuel at the time of the offense;
``(3) the railroad on-track equipment or mass
transportation vehicle was carrying a hazardous material at the
time of the offense that--
``(A) was required to be placarded under subpart F
of part 172 of title 49, Code of Federal Regulations;
and
``(B) is identified as class number 3, 4, 5, 6.1,
or 8 and packing group I or packing group II, or class
number 1, 2, or 7 under the hazardous materials table
of section 172.101 of title 49, Code of Federal
Regulations; or
``(4) the offense results in the death of any person;
shall be fined under this title or imprisoned for any term of years or
life, or both. In the case of a violation described in paragraph (2),
the term of imprisonment shall be not less than 30 years; and, in the
case of a violation described in paragraph (4), the offender shall be
fined under this title and imprisoned for life and be subject to the
death penalty.
``(c) Circumstances Required for Offense.--A circumstance referred
to in subsection (a) is any of the following:
``(1) Any of the conduct required for the offense is, or,
in the case of an attempt, threat, or conspiracy to engage in
conduct, the conduct required for the completed offense would
be, engaged in, on, against, or affecting a mass transportation
provider or railroad carrier engaged in or affecting interstate
or foreign commerce.
``(2) Any person travels or communicates across a State
line in order to commit the offense, or transports materials
across a State line in aid of the commission of the offense.
``(d) Nonapplicability.--Subsection (a) does not apply to the
conduct with respect to a destructive substance or destructive device
that is also classified under chapter 51 of title 49 as a hazardous
material in commerce if the conduct--
``(1) complies with chapter 51 of title 49 and regulations,
exemptions, approvals, and orders issued under that chapter, or
``(2) constitutes a violation, other than a criminal
violation, of chapter 51 of title 49 or a regulation or order
issued under that chapter.
``(e) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given to
that term in section 178(1);
``(2) the term `dangerous weapon' means a weapon, device,
instrument, material, or substance, animate or inanimate, that
is used for, or is readily capable of, causing death or serious
bodily injury, including a pocket knife with a blade of less
than 2\1/2\ inches in length and a box cutter;
``(3) the term `destructive device' has the meaning given
to that term in section 921(a)(4);
``(4) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or material, or
matter of a combustible, contaminative, corrosive, or explosive
nature, except that the term `radioactive device' does not
include any radioactive device or material used solely for
medical, industrial, research, or other peaceful purposes;
``(5) the term `hazardous material' has the meaning given
to that term in chapter 51 of title 49;
``(6) the term `high-level radioactive waste' has the
meaning given to that term in section 2(12) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101(12));
``(7) the term `mass transportation' has the meaning given
to that term in section 5302(a)(7) of title 49, except that the
term includes school bus, charter, and sightseeing
transportation;
``(8) the term `on-track equipment' means a carriage or
other contrivance that runs on rails or electromagnetic
guideways;
``(9) the term `railroad on-track equipment' means a train,
locomotive, tender, motor unit, freight or passenger car, or
other on-track equipment used, operated, or employed by a
railroad carrier;
``(10) the term `railroad' has the meaning given to that
term in chapter 201 of title 49;
``(11) the term `railroad carrier' has the meaning given to
that term in chapter 201 of title 49;
``(12) the term `serious bodily injury' has the meaning
given to that term in section 1365;
``(13) the term `spent nuclear fuel' has the meaning given
to that term in section 2(23) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101(23));
``(14) the term `State' has the meaning given to that term
in section 2266;
``(15) the term `toxin' has the meaning given to that term
in section 178(2); and
``(16) the term `vehicle' means any carriage or other
contrivance used, or capable of being used, as a means of
transportation on land, on water, or through the air.''.
(b) Conforming Amendments.--
(1) The table of sections at the beginning of chapter 97 of
title 18, United States Code, is amended--
(A) by striking ``RAILROADS'' in the chapter
heading and inserting ``RAILROAD CARRIERS AND MASS
TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH
THE AIR'';
(B) by striking the items relating to sections 1992
and 1993; and
(C) by inserting after the item relating to section
1991 the following:
``1992. Terrorist attacks and other violence against railroad carriers
and against mass transportation systems on
land, on water, or through the air.''.
(2) The table of chapters at the beginning of part I of
title 18, United States Code, is amended by striking the item
relating to chapter 97 and inserting the following:
``97. Railroad carriers and mass transportation systems on 1991''.
land, on water, or through the
air.
(3) Title 18, United States Code, is amended--
(A) in section 2332b(g)(5)(B)(i), by striking
``1992 (relating to wrecking trains), 1993 (relating to
terrorist attacks and other acts of violence against
mass transportation systems),'' and inserting ``1992
(relating to terrorist attacks and other acts of
violence against railroad carriers and against mass
transportation systems on land, on water, or through
the air),'';
(B) in section 2339A, by striking ``1993,''; and
(C) in section 2516(1)(c) by striking ``1992
(relating to wrecking trains),'' and inserting ``1992
(relating to terrorist attacks and other acts of
violence against railroad carriers and against mass
transportation systems on land, on water, or through
the air),''. | Railroad Carriers and Mass Transportation Protection Act of 2004 - Amends the Federal criminal code to rewrite provisions prohibiting acts of destruction and violence against trains, railroad equipment and structures, and the mass transportation system to: (1) correspond with current prohibitions against acts of violence against the mass transportation system; (2) apply such provisions to acts committed knowingly (currently, willfully); and (3) add as an aggravated offense the commission of such prohibited act under circumstances in which the railroad on-track equipment or mass transportation vehicle was carrying high-level radioactive waste, spent nuclear fuel, or specified hazardous material. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to combat terrorism against railroad carriers and mass transportation systems on land, on water, or through the air, and for other purposes."} | 2,534 | 126 | 0.575626 | 1.60603 | 0.612737 | 2.677966 | 20.372881 | 0.847458 |
on the Budget.--(1) Section 300 is amended by
striking ``concurrent resolution'' each place it appears and inserting
``joint resolution''.
(2) Section 301(a) of the Congressional Budget Act of 1974 is
amended by striking ``concurrent resolution'' each place it appears
including in the caption and inserting ``joint resolution''.
(3) Section 301(b) is amended by striking ``concurrent resolution''
each place it appears including in the caption and inserting ``joint
resolution''.
(4) Section 301(c) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(5) Section 301(e) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(6) Section 301(f) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(7) Section 301(g) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(8) Section 301(h) is amended by striking ``concurrent resolution''
and inserting ``joint resolution''.
(9) Section 301(i) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(10) The section heading of section 301 is amended by striking
``annual adoption of concurrent'' and inserting ``annual adoption of
joint''.
(11) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
striking ``Annual adoption of the concurrent'' in the item relating to
section 301 and inserting ``Annual adoption of the joint''.
(12) Section 302 is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(13) Section 303, including the heading, is amended by striking
``concurrent resolution'' each place it appears and inserting ``joint
resolution''.
(14) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
striking ``Concurrent'' in the item relating to section 303 and
inserting ``Joint''.
(15) Section 304 is amended by striking ``concurrent resolution'',
including in the heading, each place it appears and inserting ``joint
resolution''.
(16) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
striking ``Concurrent'' in the item relating to section 304 and
inserting ``Joint''.
(17) Section 305 is amended by striking ``concurrent resolution'',
including in the heading, each place it appears and inserting ``joint
resolution''.
(18) Section 308 is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(19) Section 310 is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(20) Section 311 is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
TITLE II--BALANCED BUDGET AND SPENDING RESTRAINTS
SEC. 201. BALANCED BUDGET AND SPENDING RESTRAINTS.
(a) Federal Spending Limit.--Section 601(a) of the Congressional
Budget Act of 1974 is amended by adding at the end the following:
``(3) Federal spending limit.--The term `Federal spending
limit' means--
``(A) with respect to fiscal year 1996, outlays not
exceeding 21.5 per centum of the GDP;
``(B) with respect to fiscal year 1997, outlays not
exceeding 21 per centum of the GDP;
``(C) with respect to fiscal year 1998, outlays not
exceeding 20.5 per centum of the GDP;
``(D) with respect to fiscal year 1999, outlays not
exceeding 20 per centum of the GDP;
``(E) with respect to fiscal year 2000, outlays not
exceeding 19.5 per centum of the GDP;
``(F) with respect to fiscal year 2001, outlays not
exceeding 19 per centum of the GDP; and
``(G) with respect to fiscal year 2002 and each
fiscal year thereafter, outlays not exceeding 19 per
centum of the GDP or the maximum deficit amount
whichever is less.
``(4) GDP.--The term `GDP' means the gross domestic product
for the relevant fiscal year.''.
(b) Maximum Deficit Amount.--Section 601(a)(1) of the Congressional
Budget Act of 1974 is amended to read as follows:
``(1) Maximum deficit amount.--The term `maximum deficit
amount' means--
``(A) with respect to fiscal years 1996 through
2001, the excess of the Federal spending limit over
revenues; and
``(B) with respect to fiscal year 2002, and each
fiscal year thereafter, zero.''.
(c) Technical Amendments.--Part C of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) in the heading for such part by inserting ``Federal
spending limit and'' after ``excess of'';
(2) in section 250(c)(1) by inserting ``, `Federal spending
limit','' after ``deficit amount''';
(3) in section 253(b)(1) by inserting ``or Federal spending
limit, as applicable,'' after ``deficit amount''; and
(4) in section 254(d)(4)(A) by inserting ``the Federal
spending limit,'' after ``deficit amount,''.
SEC. 202. MAXIMUM DEFICIT AND FEDERAL SPENDING LIMIT POINT OF ORDER.
(a) MDSA Point of Order.--Section 605(b) of the Congressional
Budget Act of 1974 is amended to read as follows:
``(b) Maximum Deficit and Federal Spending Limit Point of Order.--
``(1) In general.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, amendment, or conference report that includes any
provision that would result in a deficit for a fiscal year that
exceeds the maximum deficit amount or Federal spending limit,
as applicable, for such fiscal year.
``(2) Waiver or suspension.--This subsection may be waived
or suspended in the House of Representatives or the Senate only
by the affirmative rollcall vote of three-fifths of the
Members, duly chosen and sworn.''.
(b) Limit on Public Debt.--Section 605 of the Congressional Budget
Act of 1974 is amended by adding at the end thereof the following:
``(c) Limit on Public Debt.--
``(1) In general.--
``(A) Fiscal years 1996 through 2001.--For fiscal
years 1996 through 2001, it shall not be in order in
the House of Representatives or the Senate to consider
any bill, joint resolution, amendment, or conference
report that includes any provision that increases the
national debt held by the public established in the
joint resolution on the budget for a fiscal year in
excess of the Federal spending limit.
``(B) Fiscal year 2002 and thereafter.--
Notwithstanding any other provision of law and for
fiscal year 2002 and fiscal years thereafter, there
shall be no increase in the national debt held by the
public.
``(2) Waiver or suspension.--Paragraphs (1)(A) and (1)(B)
may be waived or suspended in the House of Representatives or
the Senate only by the affirmative roll call vote of three-
fifths of the Members, duly chosen and sworn.''.
SEC. 203. SOCIAL SECURITY FIREWALL.
Section 301(i) of the Congressional Budget Act of 1974 is amended
to read as follows:
``(i) Social Security Point of Order.--
``(1) In general.--It shall not be in order in the Senate
or the House of Representatives to consider any bill, joint
resolution, amendment, or conference report that does not
allocate savings derived from changes in social security
benefits or revenues from social security tax increases to the
social security trust fund.
``(2) Waiver or suspension.--This subsection may be waived
or suspended in the House of Representatives or the Senate only
by the affirmative rollcall vote of three-fifths of the
Members, duly chosen and sworn.''.
SEC. 204. MID-YEAR SEQUESTER AND END OF THE YEAR SEQUESTER.
Section 253 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by adding at the end thereof the following new
subsections:
``(i) Mid-Year Sequester.--
``(1) In general.--On April 1 of each fiscal year, the
Director of OMB shall determine if laws effective during the
current fiscal year will cause the deficit to exceed the
maximum deficit or Federal spending limit, as applicable, for
such fiscal year. If the limit is exceeded, there shall be a
preliminary sequester on April 1 to eliminate the excess.
``(2) Permanent sequester.--Budget authority sequestered on
April 1 pursuant to paragraph (1) shall be permanently canceled
on April 15.
``(3) No margin.--The margin for determining a sequester
under this subsection shall be zero.
``(4) Sequestration procedures.--The provision of
subsections (c), (d), and (e) of this section shall apply to a
sequester under this subsection.
``(j) End of the Year Sequester.--
``(1) In general.--On September 30 of each fiscal year, the
Director of OMB shall determine if laws effective during the
current fiscal year will cause the deficit to exceed the
maximum deficit or Federal spending limit, as applicable, for
such fiscal year. If the limit is exceeded, there shall be a
preliminary sequester on October 1 applicable to the fiscal
year beginning on that date to eliminate the excess.
``(2) Permanent sequester.--Budget authority sequestered on
October 1 pursuant to paragraph (1) shall be permanently
canceled on October 15.
``(3) No margin.--The margin for determining a sequester
under this subsection shall be zero.
``(4) Sequestration procedures.--The provision of
subsections (c), (d), and (e) of this section shall apply to a
sequester under this subsection.''.
SEC. 206. PRESIDENT'S REVISED BUDGET FOR 1996.
Not later than May 6, 1995, or 90 days after the date of enactment
of this Act, whichever is later, the President shall submit a revised
budget for fiscal year 1996 that conforms to the spending limitations
established in this Act.
SEC. 207. SAVINGS PROVISION.
The amendments made by this title, the limits established by this
title, and the procedures provided in Acts amended by this title
necessary to enforce such limits shall apply with respect to fiscal
years beginning with fiscal year 1996 and shall continue
notwithstanding the termination of any Act setting forth such
procedures. | TABLE OF CONTENTS:
Title I: Joint Budget Resolution
Title II: Balanced Budget and Spending Restraints
Balanced Budget-Spending Limitation Act of 1995 -
Title I: Joint Budget Resolution
- Amends the Congressional Budget Act of 1974 to reform the budget process by requiring a joint resolution on the budget instead of the concurrent resolution on the budget.
Title II: Balanced Budget and Spending Restraints
- Establishes a Federal spending limit of 21.5 percent of the gross domestic product for FY 1996 declining to 19 percent by FY 2002.
Requires reduction of the maximum deficit amount to zero by FY 2002.
Allows a waiver or suspension on the prohibition on exceeding the maximum deficit amount or the Federal spending limit by a three-fifths vote of both Houses.
Prohibits the House or Senate from considering legislation that increases the public debt established by law for a fiscal year in excess of the Federal spending limit. Allows a waiver or suspension on such prohibition by a three-fifths vote of both Houses.
Establishes a point of order against any legislation that does not allocate savings derived from changes in social security benefits or revenues from social security tax increases to the social security trust fund. Allows a waiver or suspension on such prohibition by a three-fifths vote of both Houses.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a mid-year and end of the year sequester if any laws effective during the current year will cause the deficit to exceed the maximum deficit or the Federal spending limit. Cancels budget authority sequestered at the end of the year permanently.
Requires the President to submit a revised budget for FY 1996 that conforms to the spending limitations established in this Act.
Makes the amendments and limits established by this title, and the procedures provided in Acts amended by this title, applicable to fiscal years beginning with FY 1996 and requires them to continue notwithstanding the termination of any Act setting forth such procedures. | {"src": "billsum_train", "title": "Balanced Budget/Spending Limitation Act of 1995"} | 2,602 | 459 | 0.445315 | 1.261506 | 0.583205 | 3.294118 | 5.792839 | 0.849105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Durable Medical Equipment
Access Act of 2005''.
SEC. 2. BENEFICIARY PROTECTIONS.
(a) Application of Quality Standards.--Section 1847(b)(2)(B) of the
Social Security Act (42 U.S.C. 1395w-3(b)(2)(B)) is amended to read as
follows:
``(B) Application of quality standards and receipt
of advice from oversight committee.--The Secretary may
not award any contracts under the competitive
acquisition program under this section unless--
``(i) the quality standards have been
implemented under section 1834(a)(20); and
``(ii) the Secretary has received advice
from the program oversight committee
established under subsection (c).''.
(b) Requiring Use of Exemptions.--Section 1847(a)(3) of such Act
(42 U.S.C. 1395w-3(a)(3)) is amended by striking ``may exempt'' and
inserting ``shall exempt''.
(c) Exemption of Smaller MSAs.--Section 1847(a)(3)(A) of such Act
(42 U.S.C. 1395w-3(a)(3)(A)) is amended by inserting ``(including any
metropolitan statistical area with a population of less than 500,000)''
after ``rural areas''.
(d) Application of Federal Advisory Committee Act (FACA) to Program
Advisory and Oversight Committee (PAOC).--Section 1847(c)(4) of such
Act (42 U.S.C. 1395w-3(c)(4)) is amended to read as follows:
``(4) Applicability of faca.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the
Committee.''.
(e) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 3. SMALL SUPPLIER PROTECTIONS.
(a) Qualified Supplier Participation.--Section 1847(b) of the
Social Security Act (42 U.S.C. 1395w-3(b)) is amended--
(1) in paragraph (4)(A), by striking ``The Secretary may
limit'' and inserting ``Subject to paragraph (6)(D), the
Secretary may limit''; and
(2) in paragraph (6)(D), by adding at the end the
following: ``Such appropriate steps shall include permitting
suppliers that are classified as small businesses under the
Small Business Act to continue to participate as suppliers at
the selected award price so long as they submit bids at less
than the fee schedule amount otherwise applicable to the items
and they otherwise comply with applicable program
requirements.''.
(b) Restoration of Due Process.--Section 1847(b)(10) of such Act
(42 U.S.C. 1395w-3(b)(10)) is amended--
(1) by striking ``No administrative or judicial review''
and inserting ``Restoration of appeal rights''; and
(2) by striking ``There shall be no administrative or
judicial review under section 1869, section 1878, or otherwise
of'' and inserting ``Administrative and judicial review shall
only be available under section 1869 (and not otherwise) of''.
(c) Application of Requirement for Significant Savings.--Section
1847(a) of such Act (42 U.S.C. 1395w-3(a)) is amended--
(1) in paragraph (3)(B), by inserting ``of at least 10
percent'' after ``significant savings''; and
(2) in paragraph (1), by adding at the end the following
new subparagraph:
``(D) Requirement for significant savings.--The
Secretary shall not implement a program under this
section with respect to an item or service unless the
Secretary demonstrates a probability of achieving
significant savings of at least 10 percent, compared to
the fee schedule in effect on January 1, 2006, by
including the item or service in the program.''.
(d) Comparability Analysis.--Section 1834(a)(1) of such Act (42
U.S.C. 1395m(a)(1)) is amended--
(1) in subparagraph (F), by inserting ``subject to
subparagraph (G),'' after ``2009,''; and
(2) by adding at the end the following new subparagraphs:
``(G) Requirement for comparability analysis before
implementation.--The Secretary may not implement
subparagraph (F) with respect to the application of
rates in an area that is not a competitive acquisition
area under section 1847 unless the Secretary has
completed and published in the Federal Register a
comparability analysis to ensure the application is
appropriate. The comparability analysis shall include
at least an analysis of the relative costs of providing
the particular items and services in the respective
metropolitan statistical areas and an assessment of
whether application of the bid rate in an area that is
not a competitive acquisition area would adversely
impact beneficiary access to quality items and
services.
``(H) Application of comparability analysis
requirement to certain other part b items and
services.--Subparagraph (G) shall also apply to the
implementation of section 1847(a) with respect to items
described in paragraph (2)(B) or (2)(C) of such section
that are furnished on or after January 1, 2009.''.
(e) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). | Medicare Durable Medical Equipment Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee.
Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Adds to such exemptions smaller metropolitan statistical areas.
Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit suppliers classified as small businesses to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable to the items and they otherwise comply with applicable program requirements.
Provides for appeal rights (currently denied).
Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%.
Prohibits the Secretary from implementing a program with respect to an item or service unless the Secretary demonstrates a probability of achieving significant savings of at least 10%, compared to the fee schedule in effect on January 1, 2006, by including the item or service in the program.
Prohibits the Secretary from implementing certain requirements for the payment basis for covered items furnished after January 1, 2009, with respect to the application of rates in an area that is not a competitive acquisition area, unless the Secretary has completed and published in the Federal Register a comparability analysis to ensure the application is appropriate. Requires application of the comparability analysis requirement to certain other part B items and services. | {"src": "billsum_train", "title": "To amend part B of title XVIII of the Social Security Act to assure access to durable medical equipment under the Medicare Program."} | 1,320 | 432 | 0.4927 | 1.620859 | 0.765712 | 4.027708 | 2.672544 | 0.874055 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The placement of telecommunications facilities near
residential properties can greatly reduce the value of such
properties, destroy the views from such properties, and reduce
substantially the desire to live in the area.
(2) States and local governments should be able to exercise
control over the placement, construction, and modification of
such facilities through the use of zoning, planned growth, and
other land use regulations relating to the protection of the
environment and public health, safety, and welfare of the
community.
(3) There are alternatives to the construction of
facilities to meet telecommunications and broadcast needs,
including, but not limited to, alternative locations,
colocation of antennas on existing towers or structures,
towerless PCS-Over-Cable or PCS-Over-Fiber telephone service,
satellite television systems, low-Earth orbit satellite
communication networks, and other alternative technologies.
(4) There are alternative methods of designing towers to
meet telecommunications and broadcast needs, including the use
of small towers that do not require blinking aircraft safety
lights, break skylines, or protrude above tree canopies and
that are camouflaged or disguised to blend with their
surroundings, or both.
(5) On August 19, 1997, the Federal Communications
Commission issued a proposed rule, MM Docket No. 97-182, which
would preempt the application of State and local zoning and
land use ordinances regarding the placement, construction, and
modification of broadcast transmission facilities. It is in the
interest of the Nation that the Commission not adopt this rule.
(6) It is in the interest of the Nation that the memoranda
opinions and orders and proposed rules of the Commission with
respect to application of certain ordinances to the placement
of such towers (WT Docket No. 97-192, ET Docket No. 93-62, RM-
8577, and FCC 97-303, 62 F.R. 47960) be modified in order to
permit State and local governments to exercise their zoning and
land use authorities, and their power to protect public health
and safety, to regulate the placement of telecommunications or
broadcast facilities and to place the burden of proof in civil
actions, and in actions before the Commission and State and
local authorities relating to the placement, construction, and
modification of such facilities, on the person or entity that
seeks to place, construct, or modify such facilities.
(7) PCS-Over-Cable, PCS-Over-Fiber, and satellite
telecommunications systems, including low-Earth orbit
satellites, offer a significant opportunity to provide so-
called ``911'' emergency telephone service throughout much of
the United States.
(8) According to the Comptroller General, the Commission
does not consider itself a health agency and turns to health
and radiation experts outside the Commission for guidance on
the issue of health and safety effects of radio frequency
exposure.
(9) The Federal Aviation Administration does not have
adequate authority to regulate the placement, construction, and
modification of telecommunications facilities near airports or
high-volume air traffic areas such as corridors of airspace or
commonly used flyways. The Commission's proposed rules to
preempt State and local zoning and land-use regulations for the
siting of such facilities will have a serious negative impact
on aviation safety, airport capacity and investment, and the
efficient use of navigable airspace.
(10) The telecommunications industry and its experts should
be expected to have access to the best and most recent
technical information and should therefore be held to the
highest standards in terms of their representations,
assertions, and promises to governmental authorities.
(11) There has been a substantial effort by the Federal
Government to determine the effects of electric and magnetic
fields on biological systems, as is evidenced by the Electric
and Magnetic Fields Research and Public Information
Dissemination (RAPID) Program, which was established by section
2118 of the Energy Policy Act of 1992 (Public Law 102-486; 42
U.S.C. 13478). This five-year program, which was coordinated by
the National Institute of Environmental Health Sciences and the
Department of Energy, examined the possible effects of electric
and magnetic fields on human health. Despite the success of
this program, there has been no similar effort by the Federal
Government to determine the possible effects on human health of
radio frequency emissions associated with telecommunications
facilities. The RAPID program could serve as the excellent
model for a Federally-sponsored research project.
(b) Purposes.--The purposes of this Act are as follows:
(1) To repeal certain limitations on State and local
authority regarding the placement, construction, and
modification of personal wireless service facilities and
related facilities as such limitations arise under section
332(c)(7) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)).
(2) To permit State and local governments--
(A) in cases where the placement, construction, or
modification of telecommunications facilities and other
facilities is inconsistent with State and local regulations, laws, or
decisions, to require the use of alternative telecommunication or
broadcast technologies when such alternative technologies are
available;
(B) to regulate the placement, modification, and
construction of such facilities so that their
placement, construction, or modification will not
interfere with the safe and efficient use of public
airspace or otherwise compromise or endanger public
safety; and
(C) to hold applicants for permits for the
placement, construction, or modification of such
telecommunications facilities, and providers of
services using such towers and facilities, accountable
for the truthfulness and accuracy of representations
and statements placed in the record of hearings for
such permits, licenses, or approvals.
SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
MODIFICATION OF TELECOMMUNICATIONS FACILITIES.
(a) Repeal of Limitations on Regulation of Personal Wireless
Facilities.--Section 332(c)(7)(B) of the Communications Act of 1934 (47
U.S.C. 332(c)(7)(B)) is amended--
(1) in clause (i), by striking ``thereof--'' and all that
follows through the end and inserting ``thereof shall not
unreasonably discriminate among providers of functionally
equivalent services.'';
(2) by striking clause (iv);
(3) by redesignating clause (v) as clause (iv); and
(4) in clause (iv), as so redesignated--
(A) in the first sentence, by striking ``30 days
after such action or failure to act'' and inserting
``30 days after exhaustion of any administrative
remedies with respect to such action or failure to
act''; and
(B) by striking the third sentence and inserting
the following: ``In any such action in which a person
seeking to place, construct, or modify a
telecommunications facility is a party, such person
shall bear the burden of proof, regardless of who
commences the action.''.
(b) Prohibition on Adoption of Rule Regarding Preemption of State
and Local Authority Over Broadcast Transmission Facilities.--
Notwithstanding any other provision of law, the Federal Communications
Commission may not adopt as a final rule or otherwise the proposed rule
set forth in ``Preemption of State and Local Zoning and Land Use
Restrictions on Siting, Placement and Construction of Broadcast Station
Transmission Facilities'', MM Docket No. 97-182, released August 19,
1997.
(c) Authority Over Placement, Construction, and Modification of
Other Transmission Facilities.--Part I of title III of the
Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding
at the end the following:
``SEC. 337. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
MODIFICATION OF TELECOMMUNICATIONS FACILITIES.
``(a) In General.--Notwithstanding any other provision of this Act,
no provision of this Act may be interpreted to authorize any person or
entity to place, construct, or modify telecommunications facilities in
a manner that is inconsistent with State or local law, or contrary to
an official decision of the appropriate State or local government
entity having authority to approve, permit, license, modify, or deny an
application to place, construct, or modify a tower, if alternate
technology is capable of delivering the broadcast or telecommunications
signals without the use of a tower.
``(b) Authority Regarding Production of Safety and Interference
Studies.--No provision of this Act may be interpreted to prohibit a
State or local government from--
``(1) requiring a person or entity seeking authority to
place, construct, or modify telecommunications facilities or
broadcast transmission facilities within the jurisdiction of
such government to produce--
``(A) environmental studies, engineering reports,
or other documentation of the compliance of such
facilities with radio frequency exposure limits
established by the Commission and compliance with
applicable laws and regulations governing the effects
of the proposed facility on the health, safety, and
welfare of local residents in the community; and
``(B) documentation of the compliance of such
facilities with applicable Federal, State, and local
aviation safety standards or aviation obstruction
standards regarding objects effecting navigable
airspace; or
``(2) refusing to grant authority to such person to locate
such facilities within the jurisdiction of such government if
such person fails to produce any studies, reports, or
documentation required under paragraph (1).
``(c) Construction.--Nothing in this section may be construed to
prohibit or otherwise limit the authority of a State or local
government to ensure compliance with or otherwise enforce any
statements, assertions, or representations filed or submitted by or on
behalf of an applicant with the State or local government for authority
to place, construct, or modify telecommunications facilities or
broadcast transmission facilities within the jurisdiction of the State
or local government.''.
SEC. 3. ASSESSMENT OF RESEARCH ON EFFECTS OF RADIO FREQUENCY EMISSIONS
ON HUMAN HEALTH.
(a) Assessment.--The Secretary of Health and Human Services shall
carry out an independent assessment on the effects of radio frequency
emission on human health. The Secretary shall carry out the independent
assessment through grants to appropriate public and private entities
selected by the Secretary for purposes of the independent assessment.
(b) Authorization of Appropriations.--There are hereby authorized
to be appropriated for the Secretary of Health and Human Services for
fiscal year 2000, $10,000,000 for purposes of grants for the
independent assessment required by subsection (a). Amounts appropriated
pursuant to the authorization of appropriation in the preceding
sentence shall remain available until expended.
(c) The Secretary of Health and Human Services shall produce a
report on existing research evaluating the biological effects to human
health of short term, high-level, as well as long-term, low-level
exposures to radio frequency emissions to Congress no later than
January 1, 2001. | Amends the Communications Act of 1934 (the Act) to repeal a provision which prohibits a State or local government from regulating the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions. Requires, in an action in which a person is seeking to place, construct, or modify a telecommunications facility, that such person bear the burden of proof as to the necessity of such placement, construction, or modification. Prohibits the FCC from adopting as a final rule a specified proposed rule which preempts State and local authority over the placement of broadcast transmission facilities.
States that no provision of the Act may be interpreted to: (1) authorize any person or entity to place, construct, or modify telecommunications facilities in a manner inconsistent with State or local law if alternative technology is capable of delivering the broadcast or telecommunications signals without the use of a tower; or (2) prohibit a State or local government from requiring the production of safety and interference studies with respect to such facilities.
Requires the Secretary of Health and Human Services to carry out an independent assessment of the effects of radio frequency emission on human health. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Communications Act of 1934 to clarify State and local authority to regulate the placement, construction, and modification of broadcast transmission and telecommunications facilities, and for other purposes."} | 2,416 | 285 | 0.511646 | 1.635139 | 0.747748 | 4.136546 | 8.891566 | 0.923695 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quit Smoking for Life Act of 2008''.
SEC. 2. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE
MEDICARE PROGRAM.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (Z), by striking ``and'' at the end;
(2) in subparagraph (AA), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(BB) counseling for cessation of tobacco use (as defined
in section 1861(ddd));''.
(b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x)
is further amended by adding at the end the following new subsection:
``(ddd) Counseling for Cessation of Tobacco Use.--(1) Subject to
paragraph (2), the term `counseling for cessation of tobacco use' means
diagnostic, therapy, and counseling services for cessation of tobacco
use, for individuals who use tobacco products or are being treated for
tobacco use, furnished--
``(A) by or under the supervision of a physician; or
``(B) by any other health care professional who--
``(i) is legally authorized to furnish such
services under State law (or the State regulatory
mechanism provided by State law) of the State in which
the services are furnished; and
``(ii) is authorized to receive payment for other
services under this title or is designated by the
Secretary for this purpose.
``(2) Such term is limited to--
``(A) services that are included in the most current
clinical practice guidelines on treating tobacco use and
dependence issued by the Public Health Service; and
``(B) such other services that the Secretary recognizes to
be effective.''.
(c) Payment; Elimination of Deductible.--
(1) Payment.--Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended--
(A) by striking ``and'' before ``(V)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (W) with respect to counseling
for cessation of tobacco use (as defined in section
1861(ddd)), the amount paid shall be 80 percent of the
lesser of the actual charge for the service or the
amount determined by a fee schedule established by the
Secretary for purposes of this clause''.
(2) Elimination of deductible.--The first sentence of
section 1833(b) of such Act (42 U.S.C. 1395l(b)) is amended--
(A) by striking ``and'' before ``(8)''; and
(B) by inserting before the period the following:
``, and (9) such deductible shall not apply with
respect to counseling for cessation of tobacco use (as
defined in section 1861(ddd))''.
(d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1 of the first calendar
year that begins at least 6 months after the date of the enactment of
this Act.
SEC. 3. COVERAGE OF TOBACCO CESSATION PHARMACOTHERAPY UNDER THE
MEDICARE PROGRAM.
(a) Inclusion of Tobacco Cessation Agents as Covered Drugs.--
Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-
102(e)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the comma at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) any agent approved by the Food and Drug
Administration for purposes of promoting, and when used
to promote, tobacco use cessation that may be dispensed
without a prescription (commonly referred to as an
`over-the-counter' drug), but only if such an agent is
prescribed by a physician (or other person authorized
to prescribe under State law),''.
(b) Establishment of Categories and Classes Consisting of Tobacco
Cessation Agents.--Section 1860D-4(b)(3)(C) of the Social Security Act
(42 U.S.C. 1395w-104(b)(3)(C)) is amended by adding at the end the
following new clause:
``(iv) Categories and classes of tobacco
cessation agents.--There shall be a therapeutic
category or class of covered part D drugs
consisting of agents approved by the Food and
Drug Administration for cessation of tobacco
use. Such category or class shall include
tobacco cessation agents described in
subparagraphs (A) and (C) of section 1860D-
2(e)(1).''.
SEC. 4. COVERAGE OF COUNSELING AND MEDICATION FOR CESSATION OF TOBACCO
USE UNDER THE MEDICAID PROGRAM.
(a) Dropping Exception From Medicaid Prescription Drug Coverage for
Tobacco Use Cessation Medications.--
(1) In general.--Section 1927(d)(2) of the Social Security
Act (42 U.S.C. 1396r-8(d)(2)) is amended--
(A) by striking subparagraph (E);
(B) by redesignating subparagraph (F) through (K)
as subparagraphs (E) through (J), respectively; and
(C) in subparagraph (F), as so redesignated, by
inserting before the period at the end the following:
``, other than agents approved by the Food and Drug
Administration for purposes of promoting, and when used
to promote, tobacco use cessation (regardless, for
purposes of this title only, of whether such agents may
be dispensed only upon prescription or may be dispensed
without a prescription (commonly referred to as an
`over-the-counter' drug), but only if such an agent is
prescribed by a physician (or other person authorized
to prescribe under State law))''.
(2) Conforming amendment.--Section 1860D-2(e)(2)(A) of the
Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended
by striking ``, other than subparagraph (E) of such section
(relating to smoking cessation agents),''.
(b) Requiring Coverage of Tobacco Use Cessation Counseling.--
Section 1905(a)(4) of such Act (42 U.S.C. 1396d(a)(4)) is amended--
(1) by striking ``and'' before ``(C)''; and
(2) by adding at the end the following: ``, and (D)
counseling for cessation of tobacco use (as defined in section
1861(ddd));''.
(c) Treatment of Tobacco Cessation Services and Medications as
Services Related to Pregnancy.--Section 1905 of such Act is amended by
adding at the end the following new subsection:
``(y) Services described in subsection (a)(4)(D) shall be treated
as services related to pregnancy with respect to women during pregnancy
(and during the 60-day period beginning on the last day of the
pregnancy.''.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1 of the
first calendar year that begins at least 6 months after the date of the
enactment of this Act.
SEC. 5. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD
HEALTH PROGRAM.
(a) Quality Maternal and Child Health Services Includes Tobacco Use
Cessation Counseling and Medications.--Section 501 of the Social
Security Act (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
``(d) For purposes of this title, counseling for cessation of
tobacco use (as defined in section 1861(ddd)), drugs and biologicals
used to promote tobacco use cessation (regardless of whether such drugs
or biologicals may be dispensed only upon prescription or may be
dispensed without a prescription (commonly referred to as an `over-the-
counter' drug), but only if such a drug or biological is prescribed by
a physician (or other person authorized to prescribe under State law)),
and the inclusion of antitobacco messages in health promotion
counseling shall be considered to be part of quality maternal and child
health services.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act. | Quit Smoking for Life Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to cover diagnostic, therapy, and counseling services, furnished by or under a physician's supervision, for cessation of tobacco use. Provides for payment of 80% of the lesser of the actual charge or the fee schedule amount. Eliminates the deductible.
Includes tobacco cessation agents as covered drugs under Medicare part D (Voluntary Prescription Drug Benefit Program).
Amends SSA titles V (Maternal and Child Health Services) and XIX (Medicaid) also to cover counseling and medication for cessation of tobacco use. Requires inclusion of anti-tobacco messages in health promotion counseling as part of quality maternal and child health services. | {"src": "billsum_train", "title": "To amend titles V, XVIII, and XIX of the Social Security Act to promote tobacco use cessation under the Medicare Program, the Medicaid Program, and the maternal and child health program."} | 2,098 | 177 | 0.534917 | 1.509079 | 0.831902 | 3.1 | 12.071429 | 0.871429 |
SECTION 1. FRUIT AND VEGETABLE PILOT PROGRAM.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by striking subsection (g) and inserting the
following:
``(g) Fruit and Vegetable Pilot Program.--
``(1) In general.--For each of the school years beginning
July 2003, July 2004, July 2005, July 2006, and July 2007 the
Secretary shall carry out a pilot program to make free fresh
and dried fruits and free fresh vegetables available,
throughout the school day in 1 or more areas designated by the
school, to--
``(A) students in the 25 elementary or secondary
schools in each of the 4 States, and in the elementary
or secondary schools on the reservation, authorized to
participate in the program under this subsection (as in
effect on the day before the date of enactment of this
subparagraph);
``(B) to the maximum extent practicable, an
additional 10,000 students in each State authorized to
participate in the program under this subsection (as in
effect on the day before the enactment of the this
subparagraph);
``(C) to the maximum extent practicable, 20,000
students enrolled in schools in each of the States not
participating in the program under this subsection on
the day before the date of enactment of this
subparagraph, as selected by the Secretary; and
``(D) to the maximum extent practicable, 20,000
students enrolled in schools operated by tribal
organizations.
``(2) Selection of schools.--
``(A) In general.--In selecting schools to
participate in the pilot program, the Secretary shall--
``(i) to the maximum extent practicable,
ensure that not less than 75 percent of
students selected are from schools in which not
less than 50 percent of students are eligible
for free or reduced price meals under this Act;
``(ii) solicit applications from interested
schools that include--
``(I) information pertaining to the
percentage of students enrolled in the
school submitting the application who
are eligible for free or reduced price
school lunches under this Act;
``(II) a certification of support
for participation in the pilot program
signed by the school food manager, the
school principal, and the district
superintendent (or their equivalent
positions, as determined by the
school); and
``(III) such other information as
may be requested by the Secretary; and
``(iii) for each application received,
determine whether the application is from a
school in which not less than 50 percent of
students are eligible for free or reduced price
meals under this Act.
``(B) Lottery.--
``(i) Schools with substantial free or
reduced price meal eligibility.--Subject to
clauses (iii) and (iv), the Secretary shall
randomly select, from among the schools in a
participating State determined under
subparagraph (A)(iii) to have at least 50
percent of students eligible for free or
reduced price meals under this Act, schools to
participate in the program under this
subsection so as to ensure, to the maximum
extent practicable, that the aggregate number
of students represented by those schools in the
State meets the requirements of this
subsection.
``(ii) Other schools.--Subject to clauses
(iii) and (iv), the Secretary shall randomly
select, from among the schools in a participating State determined
under subparagraph (A)(iii) to have less than 50 percent of students
eligible for free or reduced price meals under this Act, schools to
participate in the program under this subsection so as to ensure that
the aggregate number of students represented by those schools, plus the
aggregate number of students from schools selected under clause (i), in
the State meets the requirements of this subsection.
``(iii) Insufficient applications.--If, for
any State, the Secretary determines that the
number of schools described in subparagraph
(A)(i) is insufficient to meet the requirements
of this subsection, the Secretary may randomly
select such additional applications from
schools submitting applications under this
subsection as are necessary to meet the
requirements.
``(iv) Applicability to existing
participants.--
``(I) In general.--Except as
provided in subclause (II), the
schools, States, and reservation
authorized to participate in the pilot
program under this subsection (as in
effect on the date before the date of
enactment of this subparagraph) shall
not be subject to this subparagraph.
``(II) New students.--Subclause (I)
shall not apply to students authorized
to participate in the program under
paragraph (1)(B).
``(3) Notice of availability.--To participate in the
program under this subsection, a school shall widely publicize
within the school the availability of free fresh and dried
fruits and free fresh vegetables under the pilot program.
``(4) Reports.--
``(A) Interim reports.--Not later than September 30
of each of fiscal years 2004, 2005, 2006, and 2007, the
Secretary, acting through the Administrator of the Food
and Nutrition Service, shall submit to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate an interim report
that describes the activities carried out under this
subsection during the fiscal year covered by the
report.
``(B) Final report.--Not later than December 31,
2007, the Secretary, acting through the Administrator
of the Food and Nutrition Service, shall submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the results of the pilot program under this
subsection.
``(5) Per student grant.--
``(A) In general.--For each school year during
which a school participates in the program under this
subsection, the Secretary shall provide to the school
$75 for each student, as adjusted under subparagraph
(B).
``(B) Adjustment.--The amount of the grant for each
student under subparagraph (A) shall be adjusted on
July 1, 2004, and each July 1 thereafter, to reflect
changes in the Consumer Price Index of the Bureau of
Labor Statistics for fresh fruits and vegetables, with
the adjustment--
``(i) rounded down to the nearest dollar
increment; and
``(ii) based on the unrounded amounts for
the preceding 12-month period.
``(6) Funding.--
``(A) Existing funds.--The Secretary shall use to
carry out this subsection any funds that remain under
this subsection (in effect on the day before the date
of enactment of this subparagraph).
``(B) New funds.--The Secretary shall use such
funds made available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c) as are necessary to
carry out this subsection (other than paragraph 4).
``(C) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds made available
under this paragraph, without further appropriation.
``(D) Availability of funds.--Funds made available
under this paragraph shall remain available until
expended.
``(E) Reallocation.--The Secretary may reallocate
any amounts made available to carry out this subsection
that are not obligated or expended, as determined by
the Secretary.''. | Amends the Richard B. Russell National School Lunch Act to reauthorize and expand the fruit and vegetable pilot program. | {"src": "billsum_train", "title": "A bill to amend the Richard B. Russell National School Lunch Act to reauthorize and expand the fruit and vegetable pilot program."} | 1,621 | 27 | 0.476045 | 1.108806 | 0.154841 | 5.15 | 77.5 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering Foreign Propaganda and
Disinformation Act of 2016''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) foreign governments, including the Governments of the
Russian Federation and the People's Republic of China, use
disinformation and other propaganda tools to undermine the
national security objectives of the United States and key
allies and partners;
(2) the Russian Federation, in particular, has conducted
sophisticated and large-scale disinformation campaigns that
have sought to have a destabilizing effect on United States
allies and interests;
(3) in the last decade disinformation has increasingly
become a key feature of the Government of the Russian
Federation's pursuit of political, economic, and military
objectives in Ukraine, Moldova, Georgia, the Balkans, and
throughout Central and Eastern Europe;
(4) the challenge of countering disinformation extends
beyond effective strategic communications and public diplomacy,
requiring a whole-of-government approach leveraging all
elements of national power;
(5) the United States Government should develop a
comprehensive strategy to counter foreign disinformation and
propaganda and assert leadership in developing a fact-based
strategic narrative; and
(6) an important element of this strategy should be to
protect and promote a free, healthy, and independent press in
countries vulnerable to foreign disinformation.
SEC. 3. CENTER FOR INFORMATION ANALYSIS AND RESPONSE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall, in coordination
with the Secretary of Defense, the Director of National Intelligence,
the Broadcasting Board of Governors, and other relevant departments and
agencies, establish a Center for Information Analysis and Response (in
this section referred to as the ``Center''). The purposes of the Center
are--
(1) to lead and coordinate the collection and analysis of
information on foreign government information warfare efforts,
including information provided by recipients of information
access fund grants awarded under subsection (e) and other
sources;
(2) to establish a framework for the integration of
critical data and analysis on foreign propaganda and
disinformation efforts into the development of national
strategy; and
(3) to develop, plan, and synchronize, in coordination with
the Secretary of Defense, the Director of National
Intelligence, the Broadcasting Board of Governors, and other
relevant departments and agencies, whole-of-government
initiatives to expose and counter foreign information
operations directed against United States national security
interests and proactively advance fact-based narratives that
support United States allies and interests.
(b) Functions.--The Center shall carry out the following functions:
(1) Integrating interagency efforts to track and evaluate
counterfactual narratives abroad that threaten the national
security interests of the United States and United States
allies.
(2) Collecting, integrating, and analyzing relevant
information, including intelligence reporting, data, analysis,
and analytics from United States Government agencies, allied
nations, think-tanks, academic institutions, civil society
groups, and other nongovernmental organizations.
(3) Developing and disseminating fact-based narratives and
analysis to counter propaganda and disinformation directed at
United States allies and partners.
(4) Identifying current and emerging trends in foreign
propaganda and disinformation, including the use of print,
broadcast, online and social media, support for third-party
outlets such as think tanks, political parties, and
nongovernmental organizations, and the use of covert or
clandestine special operators and agents to influence targeted
populations and governments in order to coordinate and shape
the development of tactics, techniques, and procedures to
expose and refute foreign misinformation and disinformation and
proactively promote fact-based narratives and policies to
audiences outside the United States.
(5) Facilitating the use of a wide range of technologies
and techniques by sharing expertise among agencies, seeking
expertise from external sources, and implementing best
practices.
(6) Identifying gaps in United States capabilities in areas
relevant to the Center's mission and recommending necessary
enhancements or changes.
(7) Identifying the countries and populations most
susceptible to foreign government propaganda and
disinformation.
(8) Administering the information access fund established
pursuant to subsection (e).
(9) Coordinating with allied and partner nations,
particularly those frequently targeted by foreign
disinformation operations, and international organizations and
entities such as the NATO Center of Excellence on Strategic
Communications, the European Endowment for Democracy, and the
European External Action Service Task Force on Strategic
Communications, in order to amplify the Center's efforts and
avoid duplication.
(c) Composition.--
(1) Coordinator.--The Secretary of State shall appoint a
full-time Coordinator to lead the Center.
(2) Steering committee.--
(A) Composition.--The Secretary of State shall
establish a Steering Committee composed of senior
representatives of agencies relevant to the Center's
mission to provide advice to the Secretary on the
operations and strategic orientation of the Center and
to ensure adequate support for the Center. The Steering
Committee shall include the officials set forth in
subparagraph (C), one senior representative designated
by the Secretary of Defense, the Chairman of the Joint
Chiefs of Staff, the Director of National Intelligence,
the Administrator of the United States Agency for
International Development, and the Chairman of the
Broadcasting Board of Governors.
(B) Meetings.--The Steering Committee shall meet
not less than every 3 months.
(C) Chairman and vice chairmen.--The Steering
Committee shall be chaired by the Under Secretary of
State for Political Affairs. A senior, Secretary of
State-designated official responsible for digital media
programming for foreign audiences and a senior,
Secretary of Defense-designated official responsible
for information operations shall serve as co-Vice
Chairmen.
(D) Executive secretary.--The Coordinator of the
Center shall serve as Executive Secretary of the
Steering Committee.
(E) Participation and independence.--The Chairman
of the Broadcasting Board of Governors shall not
compromise the journalistic freedom or integrity of
relevant media organizations. Other Federal agencies
may be invited to participate in the Steering Committee
at the discretion of the Chairman of the Steering
Committee and with the consent of the Secretary of
State.
(d) Staff.--
(1) In general.--The Chairman may, with the consent of the
Secretary and without regard to the civil service laws and
regulations, appoint and terminate a Director and such other
additional personnel as may be necessary to enable the Center
to carry out its functions. The employment of the Director
shall be subject to confirmation by the Steering Committee.
(2) Compensation.--The Chairman may fix the compensation of
the Director and other personnel without regard to chapter 51
and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of that title.
(3) Detail of government employees.--Any Federal Government
employee may be detailed to the Center without reimbursement,
and such detail shall be without interruption or loss of civil
service status or privilege.
(4) Procurement of temporary and intermittent services.--
The Chairman may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates
for individuals which 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) Information Access Fund.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of State for fiscal years
2017 and 2018 $20,000,000 to support the Center and provide
grants or contracts of financial support to civil society
groups, journalists, nongovernmental organizations, federally
funded research and development centers, private companies, or
academic institutions for the following purposes:
(A) To support local independent media who are best
placed to refute foreign disinformation and
manipulation in their own communities.
(B) To collect and store examples in print, online,
and social media, disinformation, misinformation, and
propaganda directed at the United States and its allies
and partners.
(C) To analyze tactics, techniques, and procedures
of foreign government information warfare with respect
to disinformation, misinformation, and propaganda.
(D) To support efforts by the Center to counter
efforts by foreign governments to use disinformation,
misinformation, and propaganda to influence the
policies and social and political stability of the
United States and United States allies and partners.
(2) Funding availability and limitations.--All
organizations that apply to receive funds under this subsection
must undergo a vetting process in accordance with the relevant
existing regulations to ensure their bona fides, capability,
and experience, and their compatibility with United States
interests and objectives.
SEC. 4. INCLUSION IN DEPARTMENT OF STATE EDUCATION AND CULTURAL
EXCHANGE PROGRAMS OF FOREIGN STUDENTS AND COMMUNITY
LEADERS FROM COUNTRIES AND POPULATIONS SUSCEPTIBLE TO
FOREIGN MANIPULATION.
When selecting participants for United States educational and
cultural exchange programs, the Secretary of State shall give special
consideration to students and community leaders from populations and
countries the Secretary deems vulnerable to foreign propaganda and
disinformation campaigns.
SEC. 5. REPORTS.
Not more than one year after the establishment of the Center, the
Secretary of State shall submit to Congress a report evaluating the
success of the Center in fulfilling the purposes for which it was
authorized and outlining steps to improve any areas of deficiency.
SEC. 6. TERMINATION OF CENTER AND STEERING COMMITTEE.
The Center for Information Analysis and Response and the Steering
Committee shall terminate ten years after the date of the enactment of
this Act. | Countering Foreign Propaganda and Disinformation Act of 2016 This bill expresses the sense of Congress that: foreign governments, including the governments of the Russian Federation and China, use disinformation and other propaganda tools to undermine the national security objectives of the United States and key allies and partners; the U.S. government should develop a comprehensive strategy to counter foreign disinformation and propaganda and assert leadership in developing a fact-based strategic narrative; and an important element of this strategy should be to promote an independent press in countries that are vulnerable to foreign disinformation. The Department of State shall establish a Center for Information Analysis and Response to: lead and coordinate the collection and analysis of information on foreign government information warfare efforts; establish a framework for the integration of critical data and analysis on foreign propaganda and disinformation efforts into the development of national strategy; and develop and synchronize government initiatives to expose and counter foreign information operations directed against U.S. national security interests and advance fact-based narratives that support U.S. allies and interests. When selecting participants for U.S. educational and cultural exchange programs, special consideration shall be given to students and community leaders from populations and countries deemed vulnerable to foreign propaganda and disinformation campaigns. | {"src": "billsum_train", "title": "Countering Foreign Propaganda and Disinformation Act of 2016"} | 2,115 | 257 | 0.687713 | 2.235708 | 1.065347 | 5.321739 | 8.691304 | 0.930435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Democratizing Access to Capital Act
of 2011''.
SEC. 2. CROWDFUNDING EXEMPTION.
Section 4 of the Securities Act of 1933 (15 U.S.C. 77d) is
amended--
(1) in paragraph (2), by inserting before the period at the
end ``, other than as provided in paragraph (6)'';
(2) by striking ``The provisions'' and inserting the
following:
``(a) In General.--The provisions''; and
(3) by adding at the end the following:
``(6) subject to subsection (b), transactions involving the
issuance of securities through a crowdfunding intermediary,
whether or not the transaction involves a public offering, for
which--
``(A) the aggregate annual amount raised through
the issue of the securities is $1,000,000 or less
during any 12-month period, by any incorporated entity
formed under and subject to the law of any State; and
``(B) individual investments in the securities are
limited to an aggregate annual amount of not more than
$1,000.
``(b) Certain Crowdfunding Exemption Criteria.--
``(1) In general.--In order to qualify for the exemption
under subsection (a)(6), the issuer shall--
``(A) disclose to investors all rights of
investors, including complete information about the
risks, obligations, benefits, history, and costs of
offering;
``(B) be an incorporated entity formed under and
subject to the law of a State; and
``(C) file such notice with the Commission as the
Commission shall prescribe.
``(2) Disqualification.--Not later than 90 days after the
date of enactment of this Act, the Commission shall, by rule or
regulation, establish disqualification provisions under which a
person shall not be eligible to utilize the exemption under
subsection (a)(6), or to participate in the affairs of a
crowdfunding intermediary facilitating the use of that
exemption. Such provisions shall be substantially similar to
the disqualification provisions contained in the regulations
adopted in accordance with section 926 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (1512 U.S.C. 77d
note).
``(3) Restricted securities.--Securities issued under a
transaction described in subsection (a)(6) shall be considered
restricted securities, subject to a one-year holding period.''.
SEC. 3. EXCLUSION OF CROWDFUNDING INVESTORS FROM SHAREHOLDER CAP.
Section 12(g)(5) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(g)(5)) is amended--
(1) by striking ``For the purposes'' and inserting:
``(A) In general.--For the purposes''; and
(2) by adding at the end the following:
``(B) Exclusion for persons holding certain
securities.--For purposes of this subsection, the term
`held of record' shall not include holders of
securities issued pursuant to transactions described
under section 4(a)(6) of the Securities Act of 1933.''.
SEC. 4. PREEMPTION OF STATE LAW.
Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C.
77r(b)(4)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) section 4(a)(6);''.
SEC. 5. STATE FRAUD AUTHORITY.
Section 18(c)(1) of the Securities Act of 1933 (15 U.S.C.
77r(c)(1)) is amended by striking ``or dealer'' and inserting ``,
dealer, or crowdfunding intermediaries''.
SEC. 6. NOTICE FILINGS PERMITTED.
Section 18(c)(2) of the Securities Act of 1933 (15 U.S.C.
77r(c)(2)) is amended by inserting after subsection (D) the following:
``(E) Fees not permitted on crowdfunded
securities.--Notwithstanding subparagraphs (A), (B),
and (C), no filing or fee may be required with respect
to any security that is a covered security pursuant to
subsection (b)(4)(C), or will be such a covered
security upon completion of the transaction, except for
the securities commission (or any agency or office
performing like functions) of the State of the issuer's
State of organization, or any State in which purchasers
of 50 percent or greater of the aggregate amount of the
issue are a residents.''.
SEC. 7. BROKER AND DEALER EXEMPTIONS.
(a) Brokers.--Section 3(a)(4) of the Securities Exchange Act of
1934 (15 U.S.C. 780c(a)(4)) is amended by adding at the end the
following:
``(G) Exemption for crowdfunding intermediaries.--
``(i) In general.--The term `broker' does
not include any crowdfunding intermediary.
``(ii) Definition.--For purposes of this
paragraph, the term `crowdfunding intermediary'
means any intermediary that--
``(I) is open to and accessible by
the general public;
``(II) provides public
communication portals for investors and
potential investors;
``(III) warns investors of the
speculative nature generally applicable
to investments in startups, emerging
businesses, and small issuers,
including risks in the secondary market
related to illiquidity;
``(IV) warns investors that they
are subject to a 1-year restriction on
sales of securities issued;
``(V) takes reasonable measures to
reduce the risk of fraud with respect
to such transaction;
``(VI) prohibits its employees from
investing in the offerings made through
the crowdfunding intermediary, or to
have any financial interest in the
companies posting offerings through the
crowdfunding intermediary;
``(VII) does not offer investment
advice or recommendations;
``(VIII) provides to the
Commission--
``(aa) the crowdfunding
intermediary's physical
address, website address, and
the names of the crowdfunding
intermediary and employees of
the crowdfunding intermediary,
keeping such information up-to-
date; and
``(bb) continuous investor-
level access to the
intermediary's website;
``(IX) requires each potential
investor to answer questions
demonstrating competency in--
``(aa) recognition of the
level of risk generally
applicable to investments in
startups, emerging businesses,
and small issuers;
``(bb) risk of illiquidity;
and
``(cc) such other areas as
the Commission may determine
appropriate;
``(X) requires the issuer to state
a target offering amount and withhold
capital formation proceeds until
aggregate capital raised from investors
other than the issuer is not less than
60 percent of the target offering
amount;
``(XI) carries out a background
check on the issuer's principals;
``(XII) provides the Commission
with basic notice of the offering, not
later than the first day on which funds
are solicited from potential investors,
including--
``(aa) the issuer's name,
legal status, physical address,
and website address;
``(bb) the names of the
issuer's principals;
``(cc) the stated purpose
and intended use of the capital
formation funds sought by the
issuer; and
``(dd) the target offering
amount;
``(XIII) outsources cash-management
functions to a qualified third-party
custodian, such as a traditional broker
or dealer or insured depository
institution;
``(XIV) maintains such books and
records as the Commission determines
appropriate; and
``(XV) defines and makes available
the process for raising and resolving a
complaint, including alternatives
available to investors if the
crowdfunding intermediary is unable to
resolve a dispute to the satisfaction
of the investor.''.
(b) Dealers.--Section 3(a)(5) of the Securities Exchange Act of
1934 (15 U.S.C. 780c(a)(4)) is amended by adding at the end the
following:
``(D) Exemption for crowdfunding intermediaries.--
The term `dealer' does not include any crowdfunding
intermediary described in paragraph (4)(G).''.
SEC. 8. CONFORMING AMENDMENTS.
(a) Securities Act of 1933.--The Securities Act of 1933 (15 U.S.C.
77a et seq.) is amended by striking ``section 4'' each place that term
appears (other than in the amendments made by sections 1 through 4 of
this Act) and inserting ``section 4(a)''.
(b) Securities Exchange Act of 1934.--Section 28(f)(5)(E) of the
Securities Exchange Act of 1934 (15 U.S.C. 78bb(f)(5)(E)) is amended by
striking ``section 4(2)'' and inserting ``section 4(a)(2)''. | Democratizing Access to Capital Act of 2011 - Amends the Securities Act of 1933 to exempt from its prohibitions against use of interstate commerce and the mails for sale (or delivery after sale) of unregistered securities, including unregistered security-based swaps, any transactions involving the issuance of securities through a crowdfunding intermediary, whether or not the transaction involves a public offering, for which: (1) the aggregate annual amount raised through the issue of the securities during any 12-month period by an incorporated entity formed under state law is $1 million or less, and (2) individual investments in the securities are limited to a maximum aggregate annual amount of $1,000.
(Crowdfunding is a method of capital formation where groups of people pool money, typically composed of very small individual contributions, and often via internet platforms, to invest in a company or otherwise support an effort by others to accomplish a specific goal.)
Sets forth criteria for the crowdfunding exemption.
Amends the Securities Act of 1934 to exclude: (1) persons holding crowdfunded securities under this Act from application of the 500-to-750 shareholder "held of record" criterion for a class of equity security subject to mandatory registration, and (2) crowdfunding intermediaries from regulation under such Act as "brokers" or "dealers."
Amends the Securities Act of 1933 to preempt state law with respect to regulation of crowdfunded securities. Subjects crowdfunding intermediaries, however, to state authority to investigate and bring enforcement actions with respect to fraud, deceit, or unlawful conduct in connection with securities or securities transactions.
Limits authority to impose fees on crowdfunded securities to: (1) the securities commission of the issuer's state of organization, or (2) any state in which purchasers of 50% or greater of the aggregate amount of the issue are residents. | {"src": "billsum_train", "title": "A bill to amend the securities laws to provide for registration exemptions for certain crowdfunded securities, and for other purposes."} | 2,043 | 387 | 0.650567 | 2.113348 | 0.748135 | 2.547009 | 5.131054 | 0.786325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Learning Opportunities Created At
Local Level Act'' or the ``LOCAL Level Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Section 9527 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7907), as in effect on the day before
the date of enactment of this Act, prohibits the Federal
Government from mandating, directing, or controlling a State,
local educational agency, or school's curriculum, program of
instruction, or allocation of State and local resources, and
from mandating a State or any subdivision thereof to spend any
funds or incur any costs not paid for under such Act.
(2) Section 9529 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7909), as in effect on the day before
the date of enactment of this Act, prohibits the Federal
Government from funding the development, pilot testing, field
testing, implementation, administration, or distribution of any
Federally sponsored national test in reading, mathematics, or
any other subject, unless specifically and explicitly
authorized by law.
(3) Despite these prohibitions, the Secretary of Education,
through 3 separate initiatives, has created a system of waivers
and grants that influence, incentivize, and coerce State
educational agencies into implementing common national
elementary and secondary school standards and assessments
endorsed by the Secretary.
(4) The Race to the Top Fund, as established by the
Secretary of Education under sections 14005 and 14006 of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5, 123 Stat. 282), encouraged and incentivized States to adopt
the Common Core State Standards developed by the National
Governors Association Center for Best Practices and the Council
of Chief State School Officers.
(5) The Race to the Top assessment grants awarded to the
Partnership for Assessment of Readiness for College and Careers
(PARCC) and Smarter Balanced Assessment Consortium (SMARTER
Balance) initiated the development of assessments aligned with
the Common Core State Standards that will, in turn, inform and
ultimately influence kindergarten through grade 12 curriculum
and instructional materials.
(6) The conditions imposed by the Secretary of Education
through the flexibility waiver authority provided to the
Secretary pursuant to section 9401 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7861) have coerced
States into accepting Common Core State Standards and
assessments aligned with such Standards.
(b) Sense of Congress.--It is the sense of Congress that--
(1) States and local educational agencies should maintain
the rights and responsibilities of determining educational
curricula, programs of instruction, and assessments for
elementary and secondary education; and
(2) States are sovereign entities that deserve deep and
abiding respect from the Federal Government, and State
legislatures have a responsibility to their citizens to resist
Federal encroachment on the constitutional autonomy of States
regarding education.
SEC. 3. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.
Section 9527 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7907) is amended to read as follows:
``SEC. 9527. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
``(a) In General.--An officer or employee of the Federal Government
shall not directly or indirectly, through grants, contracts, or other
cooperative agreements under this Act (including through any waiver
provided under the Secretary's authority pursuant to section 9401)--
``(1) mandate, direct, or control a State, local
educational agency, or school's specific instructional content,
academic standards, assessments, curriculum, or program of
instruction (including through any requirement, direction, or
mandate to adopt the Common Core State Standards developed
under the Common Core State Standards Initiative or any other
academic standards common to a significant number of States);
``(2) incentivize a State, local educational agency, or
school to adopt any specific instructional content, academic
standards, assessments, curriculum, or program of instruction
as described in paragraph (1), which shall include providing
any priority, preference, or special consideration during the
application process based on any specific content, standards,
assessments, curriculum, or program;
``(3) mandate a State or any subdivision thereof to spend
any funds or incur any costs not paid for under this Act; or
``(4) make financial support available in a manner that is
conditioned upon a State, local educational agency, or school's
adoption of specific instructional content, academic standards,
assessments, curriculum, or program of instruction, (including
any requirement, direction, or mandate to adopt the Common Core
State Standards developed under the Common Core State Standards
Initiative, any other academic standards common to a
significant number of States, or any assessment, instructional
content, or curriculum aligned to such standards), even if such
requirements are specified in section 14006 or 14007 of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5; 123 Stat. 281) or any other Act.
``(b) Rule of Construction.--Nothing in this Act shall be construed
to authorize an officer or employee of the Federal Government directly
or indirectly, whether through a grant, contract, or cooperative
agreement (including through any waiver provided under the Secretary's
authority pursuant to section 9401), to do any activity prohibited
under subsection (a).
``(c) Prohibition on Endorsement of Curriculum.--Notwithstanding
any other prohibition of Federal law, no funds provided to the
Department under this Act may be used by the Department directly or
indirectly, through grants, contracts, or cooperative agreements
(including through any waiver provided under the Secretary's authority
pursuant to section 9401), to endorse, approve, develop, require, or
sanction any curriculum designed to be used in an elementary school or
secondary school, including any curriculum aligned to the Common Core
State Standards developed under the Common Core State Standards
Initiative, or any other academic standards common to a significant
number of States, designed to be used in an elementary school or
secondary school.
``(d) Prohibition on Requiring Federal Approval or Certification of
Standards.--Notwithstanding title I, part A of title VI, or any other
provision of Federal law, no State shall be required to have academic
standards approved or certified by the Federal Government, in order to
receive assistance under this Act.
``(e) Rule of Construction on Building Standards.--Nothing in this
Act shall be construed to mandate national school building standards
for a State, local educational agency, or school.''.
SEC. 4. PROHIBITION ON FEDERALLY SPONSORED TESTING AND TESTING
MATERIALS.
Section 9529 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7909) is amended to read as follows:
``SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING AND TESTING
MATERIALS.
``(a) General Prohibition.--Notwithstanding any other provision of
Federal law and except as provided in subsection (b), no funds provided
under this Act to the Secretary or to the recipient of any award may be
used to develop, pilot test, field test, implement, administer, or
distribute--
``(1) any Federally sponsored national test or testing
materials in reading, mathematics, or any other subject, unless
specifically and explicitly authorized by law; or
``(2) any assessment or testing materials aligned to the
Common Core State Standards developed under the Common Core
State Standards Initiative or any other academic standards
common to a significant number of States.
``(b) Exceptions.--Subsection (a) shall not apply to international
comparative assessments developed under the authority of section
153(a)(5) of the Education Sciences Reform Act of 2002 and administered
to only a representative sample of pupils in the United States and in
foreign nations.''.
SEC. 5. PROHIBITION ON THE USE OF RACE TO THE TOP FUNDS FOR COMMON CORE
STATE STANDARDS ASSESSMENTS.
Notwithstanding any other provision of law, no funds provided under
section 14006 of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5, 123 Stat. 283) shall be used to develop, pilot test,
field test, implement, administer, or distribute any assessment or
testing materials aligned to the Common Core State Standards developed
under the Common Core State Standards Initiative or any other academic
standards common to a significant number of States. | Learning Opportunities Created At Local Level Act or the LOCAL Level Act - Expresses the sense of Congress that state and local prerogatives over elementary and secondary education need to be preserved. Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit any federal officer or employee from directly or indirectly, through grants, contracts, or other cooperative agreements under the ESEA: mandating, directing, or controlling a state's, local educational agency's (LEA's), or school's specific instructional content, academic standards, assessments, curriculum, or program of instruction; incentivizing such an entity's adoption of any specific instructional content, academic standards, assessments, curriculum, or program of instruction; mandating a state or any subdivision thereof to spend any funds or incur any costs not paid for under the ESEA; or conditioning the availability of financial support on a state's, LEA's, or school's adoption of any specific instructional content, academic standards, assessments, curriculum, or program of instruction, even if such conditions are specified under any other Act. Prohibits any funds provided to the Department of Education under the ESEA from being used by the Department directly or indirectly, through grants, contracts, or other cooperative agreements, to endorse, approve, develop, require, or sanction any elementary or secondary school curriculum. Prohibits conditioning any state's receipt of ESEA assistance on the approval or certification of its academic standards by the federal government. Includes in the prohibition against the use of ESEA funds on federally sponsored testing and testing materials such use on any assessment or testing materials aligned to the Common Core State Standards or any other academic standards common to a significant number of states. Prohibits the use of Race to the Top funds, provided under the American Recovery and Reinvestment Act of 2009, on such aligned assessment or testing materials. | {"src": "billsum_train", "title": "LOCAL Level Act"} | 1,888 | 405 | 0.639225 | 2.213655 | 0.855989 | 4.991477 | 4.926136 | 0.923295 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Resilience Development Act
of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) According to the Institute of Medicine of the National
Academy of Sciences, the Department of Health and Human
Services and the Department of Homeland Security should analyze
terrorism preparedness to ensure that the public health
infrastructure is prepared to respond to the psychological
consequences of terrorism, and Federal, State, and local
disaster planners should address these psychological
consequences in their planning and preparedness for terrorist
attacks.
(2) Research concerning the psychological impact of ongoing
terrorism in Israel published in the Journal of the American
Medical Association and ongoing research undertaken by the
National Institutes of Health demonstrate that there are
effective ways to enhance resilience and minimize the damaging
psychological impact of terrorism.
(3) According to the New England Journal of Medicine, after
September 11, 2001, Americans across the country, including
children, had substantial symptoms of stress. Even clinicians
who practice in regions that are far from the sites of the
attacks should be prepared to assist people with trauma-related
symptoms of stress.
(4) According to Military Medicine, experiences from the
1995 chemical weapons attack by terrorists in the Tokyo subway
system suggest that psychological casualties from a chemical
attack will outnumber physical casualties by approximately 4 to
1.
(5) According to the Journal of the American Medical
Association, the lessons learned from the 2001 anthrax attacks
should motivate local health departments, health care
organizations, and clinicians to engage in collaborative
programs to enhance their communications and local preparedness
and response capabilities.
(6) According to the National Advisory Committee on
Children and Terrorism, it is important to recognize that the
means through which the effects of terrorism are propagated are
largely psychological and that it will generally be the terror
generated by a major event, not the event itself, that will
have the greatest long-term negative impact on children and
families throughout the Nation. There is a great need for
increased attention to the promotion of family and community
resilience in terror and disaster planning.
(7) According to ``Schools and Terrorism: A Supplement to
the National Advisory Committee on Children and Terrorism
Recommendations to the Secretary'', schools may or may not be the
targets of terrorism, but they are certain to be affected by terrorism,
because on any given weekday more than one-fifth of the United States
population can be found in schools. Although the United States
Department of Education strongly encourages every school to have an
emergency management plan, few plans address how the school fits in
with the larger public health and emergency management response to a
community-wide event, such as a terrorist attack.
(8) According to a national study by leading health care
foundations, in this time of growing threats of terrorism, many
doctors and other primary care providers are increasingly being
confronted with patients who complain of aches and pains, or
more serious symptoms, which mask serious anxiety or
depression.
(9) Substantial effort and funding are still needed to
adequately understand and prepare for the psychological
consequences associated with bioterrorism.
(10) The integration of mental health into public health
efforts, including integration and cooperation across Federal
agencies and State public health and mental health authorities,
is critical in addressing the psychological needs of the Nation
with regard to terrorism.
SEC. 3. GOALS.
The goals of this Act are as follows:
(1) To identify effective strategies to respond to the
behavioral, cognitive, and emotional impacts of terrorism and
their implications for disaster management and to integrate
these strategies into the United States' plans to mitigate,
plan for, respond to, and recover from potential and actual
terrorist attacks.
(2) To coordinate the efforts of different government
agencies in researching, developing, and implementing programs
and protocols designed to increase the psychological resilience
and mitigate distress reactions and maladaptive behaviors of
the American public as they relate to terrorism.
(3) To facilitate the work of the Department of Homeland
Security and other departments and agencies by incorporating
programs and protocols designed to increase the psychological
resilience of the American public and respond to the
behavioral, cognitive, and emotional impacts of terrorism and
their implications for disaster management, into those
Departments' and agencies' efforts in reducing the
vulnerability of the United States to terrorism.
(4) To enable the States and localities to effectively
respond to the behavioral, cognitive, and emotional impacts of
terrorism and their implications for disaster management and to
integrate appropriate strategies into their terrorism planning,
preparedness, and response efforts.
(5) To integrate mental health and public health emergency
preparedness and response efforts in the United States.
SEC. 4. INTERAGENCY TASK FORCE ON NATIONAL RESILIENCE.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 319K the following:
``SEC. 319L. INTERAGENCY TASK FORCE ON NATIONAL RESILIENCE.
``(a) Establishment.--The Secretary shall convene and lead an
interagency task force for the purpose of increasing the psychological
resilience of the American public and improving the ability of Federal,
State, and local governments to respond to the behavioral, cognitive,
and emotional impacts of terrorism and their implications for disaster
management.
``(b) Members.--The task force convened under this section shall
include the Director of the Centers for Disease Control and Prevention,
the Director of the National Institute of Mental Health, the
Administrator of the Substance Abuse and Mental Health Services
Administration, the Administrator of the Health Resources and Services
Administration, the Director of the Office of Public Health Emergency
Preparedness, the Surgeon General of the Public Health Service, and
such other members as the Secretary deems appropriate.
``(c) Duties.--The duties of the task force convened under this
section shall include the following:
``(1) Coordinating and facilitating the efforts of the
Centers for Disease Control and Prevention, the National
Institute of Mental Health, the Substance Abuse and Mental
Health Services Administration, the Health Resources and
Services Administration, the Office of Public Health Emergency
Preparedness, and the Office of the Surgeon General of the
Public Health Service in their endeavors to develop and
implement programs and protocols designed to increase the
psychological resilience of the American public and respond to
the behavioral, cognitive, and emotional impacts of terrorism
and their implications for disaster management, including by
integrating appropriate strategies into the Department of
Health and Human Service's terrorism preparedness, response,
and recovery efforts.
``(2) Consulting with, and providing guidance to, the
Department of Homeland Security to integrate into its efforts
in reducing the vulnerability of the United States to
terrorism, programs and protocols designed to increase the
psychological resilience of the American public and respond to
the behavioral, cognitive, and emotional impacts of terrorism
and their implications for disaster management.
``(3) Consulting with the Department of Defense, the
Department of Veterans Affairs, the Department of Labor, the
American Red Cross, national organizations of health care and
health care providers, national organizations representing
public safety officials, and such other organizations and
agencies as the task force deems appropriate to advance
understanding of successful strategies to respond to the
behavioral, cognitive, and emotional impacts of terrorism and
their implications for disaster management and to coordinate
implementation of such strategies.
``(4) Consulting with the Department of Education on the
impact of terrorism on children and schools' role in the
development, implementation, and coordination of strategies to
increase children's psychological resilience and respond to the
behavioral, cognitive, and emotional impacts of terrorism.
``(5) Consulting with and providing guidance to the States
and local governments for the purpose of enabling them to
effectively respond to the behavioral, cognitive, and emotional
impacts of terrorism and their implications for disaster
management.
``(6) Developing strategies for encouraging State and local
public health and mental health agencies to closely collaborate
in the development of integrated, science-based programs and
protocols designed to increase the psychological resilience of
the American public and respond to the behavioral, cognitive,
and emotional impacts of terrorism and their implications for
disaster management.
``(7) Preparing and presenting to the Secretary of Health
and Human Services and the Secretary of Homeland Security
specific recommendations on how their respective departments,
agencies, and offices can strengthen existing and planned
terrorism preparedness, response, recovery, and mitigation
initiatives by integrating programs and protocols designed to
increase the psychological resilience of the American public
and respond to the behavioral, cognitive, and emotional impacts
of terrorism and their implications for disaster management.
``(d) Meetings.--The task force convened under this section shall
meet not less than 4 times each year.
``(e) Staff.--The Secretary shall staff the task force as necessary
to ensure it is able to perform the duties described in subsection
(c).''.
SEC. 5. ACTIVITIES OF STATES, DISTRICT OF COLUMBIA, AND TERRITORIES
REGARDING NATIONAL RESILIENCE.
(a) Public Health Service Act.--Subsection (d) of section 319C-1 of
the Public Health Service Act (42 U.S.C. 247d-3a) is amended by
inserting after paragraph (18) the following:
``(19) To enable State mental health authorities, in close
collaboration with the respective State public health
authorities and the interagency task force convened under
section 319L, to better understand and manage human emotional,
behavioral, and cognitive responses to disasters, including by
increasing the psychological resilience of the public and
mitigating distress reactions and maladaptive behaviors that
could occur in response to a conventional, biological,
chemical, or radiological attack on the United States.''.
(b) USA Patriot Act.--Subsection (b) of section 1014 of the Uniting
and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42
U.S.C. 3714) is amended--
(1) by striking ``may be used to purchase'' and inserting
``may be used for the following:
``(1) To purchase'';
(2) by striking ``In addition, grants under this section
may be used to construct'' and inserting the following:
``(2) To construct''; and
(3) by inserting at the end the following:
``(3) To enable State mental health authorities, in close
collaboration with the respective State public health
authorities and the interagency task force convened under
section 319L of the Public Health Service Act, to better
understand and manage human emotional, behavioral, and
cognitive responses to disasters, including by increasing the
psychological resilience of the public and mitigating distress
reactions and maladaptive behaviors that could occur in
response to a conventional, biological, chemical, or
radiological attack on the United States.''.
SEC. 6. EFFORTS BY FEMA REGARDING NATIONAL RESILIENCE.
Paragraph (2) of section 507(a) of the Homeland Security Act of
2002 (6 U.S.C. 317(a)) is amended--
(1) in subparagraph (A), by inserting ``, including the
risk of psychological injury'' before the semicolon;
(2) in subparagraph (B), by inserting ``and the
psychological consequences of trauma'' before the semicolon;
and
(3) in subparagraph (D), by inserting ``overcome the
psychological consequences of trauma,'' before ``life,''.
SEC. 7. ANNUAL REPORT BY SECRETARIES OF HHS AND HOMELAND SECURITY.
Not less than 1 year after the date of the enactment of this Act
and annually thereafter, the Secretary of Health and Human Services and
the Secretary of Homeland Security, acting jointly, shall submit a
report to the Congress that includes the following:
(1) The recommendations of the interagency task force
convened under section 319L of the Public Health Service Act
(as amended by section 4 of this Act) that are relevant to the
Department of Health and Human Services or the Department of
Homeland Security.
(2) A description of the steps that have or have not been
taken by each Federal department to implement the
recommendations described in paragraph (1).
(3) Thorough explanations for rejection of any
recommendations made by the interagency task force convened
under section 319L.
(4) Other steps undertaken to meet the goals of this Act. | National Resilience Development Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to convene and lead an interagency task force to increase the psychological resilience of the American public and improve the ability of Federal, State and local governments to respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management.
Amends the Act and Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001 and the Public Health Service Act to permit certain grants to be used to enable mental health authorities to better understand and manage human emotional, behavioral, and cognitive responses to disasters, including by increasing the psychological resilience of the public and mitigate distress reactions and maladaptive behavior that could occur in response to a conventional, biological, chemical or radiological attack on the United States.
Amends the Homeland Security Act of 2002 to direct the Federal Emergency Management Agency to integrate into its functions efforts to mitigate, plan, and recover from psychological injury and consequences of trauma. | {"src": "billsum_train", "title": "To improve homeland security by providing for national resilience in preparation for, and in the event of, a terrorist attack, and for other purposes."} | 2,648 | 232 | 0.55451 | 1.750127 | 0.744207 | 5.147783 | 12.64532 | 0.950739 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Environmental Education
Amendments Act of 1996''.
SEC. 2. OFFICE OF ENVIRONMENTAL EDUCATION.
Section 4 of the National Environmental Education Act (20 U.S.C.
5503) is amended--
(1) in subsection (b)--
(A) in paragraph (1) by inserting after ``support''
the following: ``balanced and scientifically sound'';
(B) by striking paragraph (6);
(C) by redesignating paragraphs (7) through (13) as
paragraphs (6) through (12), respectively; and
(D) in paragraph (12) (as so redesignated), by
inserting before the period the following: ``through
the headquarters and the regional offices of the
Agency''; and
(2) by striking subsection (c) and inserting the following:
``(c) Staff.--The Office of Environmental Education shall--
``(1) include a headquarters staff of not more than 10
full-time equivalent employees; and
``(2) be supported by 1 full-time equivalent employee in
each Agency regional office.
``(d) Activities.--The Administrator may carry out the activities
specified in subsection (b) directly or through awards of grants,
cooperative agreements, or contracts.''.
SEC. 3. ENVIRONMENTAL EDUCATION GRANTS.
Section 6 of the National Environmental Education Act (20 U.S.C.
5505) is amended--
(1) in the second sentence of subsection (i), by striking
``25 percent'' and inserting ``15 percent''; and
(2) by adding at the end the following:
``(j) Lobbying Activities.--A grant under this section may not be
used to fund a lobbying activity (as described in the documents issued
by the Office of Management and Budget and designated as OMB Circulars
No. A-21 and No. A-122).''.
SEC. 4. ENVIRONMENTAL INTERNSHIPS AND FELLOWSHIPS.
(a) In General.--The National Environmental Education Act is
amended--
(1) by striking section 7 (20 U.S.C. 5506); and
(2) by redesignating sections 8 through 11 (20 U.S.C. 5507
through 5510) as sections 7 through 10, respectively.
(b) Conforming Amendments.--The National Environmental Education
Act is amended--
(1) in the table of contents in section 1(b) (20 U.S.C.
prec. 5501)--
(A) by striking the item relating to section 7; and
(B) by redesignating the to sections 8 through 11
as items relating to sections 7 through 10,
respectively;
(2) in section 4(b) (20 U.S.C. 5503(b))--
(A) in paragraph (6) (as redesignated by section
2(1)(C)), by striking ``section 8 of this Act'' and
inserting ``section 7''; and
(B) in paragraph (7) (as so redesignated), by
striking ``section 9 of this Act'' and inserting
``section 8'';
(3) in section 6(c)(3) (20 U.S.C. 5505(c)(3)), by striking
``section 9(d) of this Act'' and inserting ``section 8(d)'';
(4) in the matter preceding subsection (c)(3)(A) of section
9 (as redesignated by subsection (a)(2)), by striking ``section
10(a) of this Act'' and inserting ``subsection (a)''; and
(5) in subsection (c)(2) of section 10 (as redesignated by
subsection (a)(2)), by striking ``section 10(d) of this Act''
and inserting ``section 9(d)''.
SEC. 5. NATIONAL EDUCATION AWARDS.
Section 7 of the National Environmental Education Act (as
redesignated by section 4(a)(2)) is amended to read as follows:
``SEC. 7. NATIONAL EDUCATION AWARDS.
``The Administrator may provide for awards to be known as the
`President's Environmental Youth Awards' to be given to young people in
grades kindergarten through 12 for outstanding projects to promote
local environmental awareness.''.
SEC. 6. ENVIRONMENTAL EDUCATION ADVISORY COUNCIL AND TASK FORCE.
Section 8 of the National Environmental Education Act (as
redesignated by section 4(a)(2)) is amended--
(1) in subsection (b)(2), by striking the first and second
sentences and inserting the following: ``The Advisory Council
shall consist of not more than 11 members appointed by the
Administrator after consultation with the Secretary. To the
extent practicable, the Administrator shall appoint to the
Advisory Council at least 1 representative from each of the
following sectors: primary and secondary education; colleges
and universities; not-for-profit organizations involved in
environmental education; State departments of education and
natural resources; business and industry; and senior
Americans.'';
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Membership.--Membership on the Task Force shall be
open to representatives of any Federal agency actively engaged
in environmental education.''; and
(3) in subsection (d), by striking paragraph (1) and
inserting the following:
``(1) Biennial meetings.--The Advisory Council shall hold a
biennial meeting on timely issues regarding environmental
education and issue a report and recommendations on the
proceedings of the meeting.''.
SEC. 7. NATIONAL ENVIRONMENTAL EDUCATION AND TRAINING FOUNDATION.
(a) Change in Name.--
(1) In general.--The first sentence of subsection (a)(1)(A)
of section 9 of the National Environmental Education Act (as
redesignated by section 4(a)(2)) is amended by striking
``National Environmental Education and Training Foundation''
and inserting ``Foundation for Environmental Education''.
(2) Conforming amendments.--The National Environmental
Education Act (20 U.S.C. 5501 et seq.) is amended--
(A) in the item relating to section 9 (as
redesignated by section 4(b)(1)(B)) of the table of
contents in section 1(b) (20 U.S.C. prec. 5501), by
striking ``National Environmental Education Training
Foundation'' and inserting ``Foundation for Environmental Education'';
(B) in section 3 (20 U.S.C. 5502)--
(i) by striking paragraph (12) and
inserting the following:
``(12) Foundation.--`Foundation' means the Foundation for
Environmental Education established by section 9; and''; and
(ii) in paragraph (13), by striking
``National Environmental Education and Training
Foundation'' and inserting ``Foundation for
Environmental Education'';
(C) in the heading of section 9 (as redesignated by
section 4(a)(2)), by striking ``national environmental
education and training foundation'' and inserting
``foundation for environmental education''; and
(D) in subsection (c) of section 10 (as
redesignated by section 4(a)(2)), by striking
``National Environmental Education and Training
Foundation'' and inserting ``Foundation for
Environmental Education''.
(b) Board of Directors; Number of Directors.--The first sentence of
subsection (b)(1)(A) of section 9 of the National Environmental
Education Act (as redesignated by section 4(a)(2)) is amended by
striking ``13'' and inserting ``19''.
(c) Conditions of Donations.--Section 9 of the National
Environmental Education Act (as redesignated by section 4(a)(2)) is
amended in subsection (d) by striking paragraph (3).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the National Environmental Education Act (as
redesignated by section 4(a)(2)) is amended by striking subsections (a)
and (b) and inserting the following:
``(a) In General.--There are authorized to be appropriated to the
Environmental Protection Agency to carry out this Act--
``(1) $10,000,000 for each of fiscal years 1997, 1998,
1999, 2000, 2001, and 2002; and
``(2) such sums as are necessary for each of fiscal years
2003 through 2007.
``(b) Limitations.--
``(1) In general.--Subject to paragraph (2), of the amounts
appropriated under subsection (a) for a fiscal year--
``(A) not more than 25 percent may be used for the
activities of the Office of Environmental Education;
``(B) not more than 25 percent may be used for the
operation of the environmental education and training
program;
``(C) not less than 40 percent shall be used for
environmental education grants; and
``(D) 10 percent shall be used for the Foundation
for Environmental Education.
``(2) Administrative expenses.--Of the amounts made
available under paragraph (1) for a fiscal year for the
activities of the Office of Environmental Education, not more
than 25 percent may be used for administrative expenses.''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect as of the later
of--
(1) October 1, 1996; or
(2) the date of enactment of this Act. | National Environmental Education Amendments Act of 1996 - Amends the National Environmental Education Act to require development of curricula, materials, and training programs supported by the Environmental Protection Agency's (EPA) Office of Environmental Education to be balanced and scientifically sound. Requires that implementation of the Act be through EPA. Eliminates requirements for a Director and a minimum number of staff. Allows activities to be carried out through grants, cooperative agreements, or contracts.
Reduces the percentage of funds to be obligated for environmental education grants of not more than $5,000. Prohibits use of grants for certain lobbying activities.
Eliminates provisions for environmental internships and fellowships.
Eliminates all environmental education awards provided for under such Act, except the President's Environmental Youth Awards.
Revises requirements for membership on the National Environmental Education Advisory Council. Revises requirements for membership on the Federal Task Force on Environmental Education to require that it be open to representatives of any Federal agency actively engaged in environmental education. (Under current law, membership must include specified agency representatives.) Eliminates specific requirements for contents of Advisory Council reports.
Changes the name of the National Environmental Education and Training Foundation to the Foundation for Environmental Education. Increases the size of the Board of the Directors. Removes the prohibition on the transmission of logos or other means of identification on materials donated to the Foundation for environmental education and training use.
Authorizes appropriations. Revises funding limitations. Limits amounts available for administrative costs. | {"src": "billsum_train", "title": "National Environmental Education Amendments Act of 1996"} | 2,097 | 323 | 0.509632 | 1.524875 | 0.723703 | 1.916376 | 6.508711 | 0.731707 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Access to Affordable
Drugs Act of 2005''.
SEC. 2. ELIMINATION OF DISCRIMINATORY TREATMENT OF EMPLOYER PLANS.
(a) Elimination of True Out-Of-Pocket Limitation.--Section 1860D-
2(b)(4)(C) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)(C)) is
amended to read as follows:
``(C) Application.--In applying subparagraph (A),
incurred costs shall only include costs incurred with
respect to covered part D drugs for the annual
deductible described in paragraph (1), for cost-sharing
described in paragraph (2), and for amounts for which
benefits are not provided because of the application of
the initial coverage limit described in paragraph
(3).''.
(b) Equalization of Subsidies.--Notwithstanding any other provision
of law, the Secretary of Health and Human Services shall provide for
such increase in the special subsidy payment amounts under section
1860D-22(a)(3) of the Social Security Act (42 U.S.C. 1395w-132(a)(3))
as may be appropriate to provide for payments in the aggregate
equivalent to the payments that would have been made under section
1860D-15 of such Act if the individuals were not enrolled in a
qualified retiree prescription drug plan. In making such computation,
the Secretary shall not take into account the application of the
amendments made by section 1202 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2480).
SEC. 3. DIRECT SUBSIDY FOR CERTAIN STATE PHARMACEUTICAL ASSISTANCE
PROGRAMS.
Part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-
101 et seq.) is amended by inserting after section 1860D-23 the
following new section:
``direct subsidies for certain state pharmaceutical assistance programs
``Sec. 1860D-23A. (a) Direct Subsidy.--
``(1) In general.--The Secretary shall provide for the
payment to a State offering a State pharmaceutical assistance
program described in section 1860D-23(b)(1) for each individual
who is eligible for, but not enrolled in, a prescription drug
plan or MA-PD plan under this part, and who is enrolled in such
program for each month for which such individual is so
enrolled.
``(2) Amount of payment.-- The amount of the payment under
paragraph (1) shall be an amount equal to the special subsidy
payment amount determined under section 1860D-22(a)(3) for a
qualifying covered retiree for a coverage year enrolled with
the sponsor of a qualified retiree prescription drug plan.
``(b) Additional Subsidy.--
``(1) In general.--The Secretary shall provide for the
payment to a State offering a State pharmaceutical assistance
program described in section 1860D-23(b)(1) for each applicable
low-income individual enrolled in the program for each month
for which such individual is so enrolled.
``(2) Amount of payment.--
``(A) In general.--The amount of the payment under
paragraph (1) shall be the amount the Secretary
estimates would have been made to a prescription drug
plan or MA-PD plan under section 1860D-14 with respect
to the applicable low-income individual if such
individual was enrolled in such a plan.
``(B) Maximum payments.--In no case may the amount
of the payment determined under subparagraph (A) with
respect to an applicable low-income individual exceed,
as estimated by the Secretary, the average amount paid
in a year under section 1860D-14 on behalf of a subsidy
eligible individual (as defined in section 1860D-
14(a)(3)(A)) with income that is the same as the income
of the applicable low-income individual.
``(3) Applicable low-income individual.--For purposes of
this subsection, the term `applicable low-income individual'
means an individual who--
``(A) is eligible for, but not enrolled in, a
prescription drug plan or MA-PD plan under this part,
and who is enrolled in a State pharmaceutical
assistance program described in section 1860D-23(b)(1);
and
``(B) would be a subsidy eligible individual (as
defined in section 1860D-14(a)(3)(A)) if the individual
were enrolled in such a plan.
``(c) Payment Methods.--
``(1) In general.--Payments under this section shall be
based on such a method as the Secretary determines. The
Secretary may establish a payment method by which interim
payments of amounts under this section are made during a year
based on the Secretary's best estimate of amounts that will be
payable after obtaining all of the information.
``(2) Source of payments.--Payments under this section
shall be made from the Medicare Prescription Drug Account.
``(d) Construction.--Nothing in this section, section 1860D-23, or
section 1860D-24 shall be construed as requiring a prescription drug
plan or MA-PD plan to coordinate coverage provided under such plan with
coverage provided under a State pharmaceutical assistance program
described in section 1860D-23(b)(1) that is operated by a State which
receives a payment under this section.''.
SEC. 4. FACILITATION OF COORDINATION.
Section 1860D-24(c)(1) of the Social Security Act (42 U.S.C. 1395w-
134(c)(1)) is amended by striking ``all methods of operation'' and
inserting ``its own methods of operation, except that a PDP sponsor or
MA organization may not require a State Pharmaceutical Assistance
Program or an RX plan described in subsection (b) to apply such tools
when coordinating benefits''.
SEC. 5. ALLOWING MEDICAID WRAP.
Section 1935 of the Social Security Act (42 U.S.C. 1396u-5) is
amended by striking subsection (d).
SEC. 6. REPEAL OF COMPARATIVE COST ADJUSTMENT PROGRAM.
Subtitle E of title II of of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173) is
repealed and any provisions of law amended by such subtitle are
restored as if such subtitle had not been enacted.
SEC. 7. PROVISION OF WRAP-AROUND PRESCRIPTION DRUG COVERAGE THROUGH
MEDIGAP.
Section 1882(v) of the Social Security Act (42 U.S.C. 1395ss(v)) is
amended as follows:
(1) In paragraph (1)(A), by inserting ``, other than such a
policy that provides wrap-around prescription drug coverage
included within a range of such coverage approved under
subparagraph (D)(ii),'' after ``paragraph (6)(A))''.
(2) Add at the end of paragraph (1) the following new
subparagraph:
``(D) Wrap-around prescription drug coverage.--
``(i) In general.--Notwithstanding any
other provision of this subsection, a medigap
Rx policy that provides wrap-around
prescription drug coverage included within a
range of such coverage approved by the
Secretary under clause (ii) may be offered to
part D enrollees.
``(ii) Development of standards.--The
Secretary shall approve a range of wrap-around
prescription drug coverage that may be offered
under this subparagraph to part D enrollees.''.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act, and the repeal made by section 6,
shall take effect as if included in the enactment of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173). | Preserving Access to Affordable Drugs Act of 2005 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to: (1) allow employer contributions on drug costs to count towards the annual out-of-pocket limit; and (2) provide for direct subsidies for certain State pharmaceutical assistance programs.
Directs the Secretary of Health and Human Services to ensure that employer-based plans receive the same subsidization as the Medicare prescription drug plans.
Amends SSA title XIX (Medicaid) to ensure that States can provide supplemental Medicaid prescription drug coverage to complement the Medicare drug benefit for seniors who are dually eligible for Medicare and Medicaid.
Repeals the comparative cost adjustment program under Medicare.
Amends SSA title XVIII part D to allow the provision of wrap-around prescription drug coverage through Medigap. | {"src": "billsum_train", "title": "To amend part D of title XVIII of the Social Security Act to improve the coordination of prescription drug coverage provided under retiree plans and State pharmaceutical assistance programs with the prescription drug benefit provided under the Medicare Program, and for other purposes."} | 1,817 | 192 | 0.511855 | 1.249205 | 0.796468 | 2.790123 | 9.141975 | 0.839506 |
SECTION 1. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER OF
CONGRESS FOR ABUSING THE PUBLIC TRUST.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual finally convicted of an offense described
in paragraph (2) shall not be taken into account for purposes of this
subchapter, except that this sentence applies only to service rendered
as a Member (irrespective of when rendered). Any such individual (or
other person determined under section 8342(c), if applicable) shall be
entitled to be paid so much of such individual's lump-sum credit as is
attributable to service to which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) Every act or omission of the individual (referred to
in paragraph (1)) that is needed to satisfy the elements of the
offense occurs while the individual is a Member.
``(ii) Every act or omission of the individual that is
needed to satisfy the elements of the offense directly relates
to the performance of the individual's official duties as a
Member.
``(iii) The offense is committed after the date of
enactment of this subsection.
``(B) An offense described in this subparagraph is only the
following, and only to the extent that the offense is a felony under
title 18:
``(i) An offense under section 201 of title 18 (bribery of
public officials and witnesses).
``(ii) An offense under section 219 of title 18 (officers
and employees acting as agents of foreign principals).
``(iii) An offense under section 371 of title 18
(conspiracy to commit offense or to defraud United States), to
the extent of any conspiracy to commit an act which
constitutes--
``(I) an offense under clause (i) or (ii); or
``(II) an offense under section 207 of title 18
(restrictions on former officers, employees, and
elected officials of the executive and legislative
branches).
``(iv) Perjury committed under section 1621 of title 18 in
falsely denying the commission of an act which constitutes--
``(I) an offense under clause (i) or (ii); or
``(II) an offense under clause (iii), to the extent
provided in such clause.
``(v) Subornation of perjury committed under section 1622
of title 18 in connection with the false denial or false
testimony of another individual as specified in clause (iv).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the final conviction, be eligible to
participate in the retirement system under this subchapter or chapter
84 while serving as a Member.
``(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such regulations
shall include--
``(A) provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be
limited in a manner similar to that specified in the last
sentence of section 8316(b); and
``(B) provisions under which the Office may provide for--
``(i) the payment, to the spouse or children of any
individual referred to in the first sentence of
paragraph (1), of any amounts which (but for this
clause) would otherwise have been nonpayable by reason
of such first sentence, but only to the extent that the
application of this clause is considered necessary
given the totality of the circumstances; and
``(ii) an appropriate adjustment in the amount of
any lump-sum payment under the second sentence of
paragraph (1) to reflect the application of clause (i).
``(5) For purposes of this subsection--
``(A) the term `Member' has the meaning given such term by
section 2106, notwithstanding section 8331(2); and
``(B) the term `child' has the meaning given such term by
section 8341.''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(l)(1) Notwithstanding any other provision of this chapter, the
service of an individual finally convicted of an offense described in
paragraph (2) shall not be taken into account for purposes of this
chapter, except that this sentence applies only to service rendered as
a Member (irrespective of when rendered). Any such individual (or other
person determined under section 8424(d), if applicable) shall be
entitled to be paid so much of such individual's lump-sum credit as is
attributable to service to which the preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) Every act or omission of the individual (referred to
in paragraph (1)) that is needed to satisfy the elements of the
offense occurs while the individual is a Member.
``(B) Every act or omission of the individual that is
needed to satisfy the elements of the offense directly relates
to the performance of the individual's official duties as a
Member.
``(C) The offense is committed after the date of enactment
of this subsection.
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the final conviction, be eligible to
participate in the retirement system under this chapter while serving
as a Member.
``(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such regulations
shall include--
``(A) provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be
limited in a manner similar to that specified in the last
sentence of section 8316(b); and
``(B) provisions under which the Office may provide for--
``(i) the payment, to the spouse or children of any
individual referred to in the first sentence of
paragraph (1), of any amounts which (but for this
clause) would otherwise have been nonpayable by reason
of such first sentence, but only to the extent that the
application of this clause is considered necessary
given the totality of the circumstances; and
``(ii) an appropriate adjustment in the amount of
any lump-sum payment under the second sentence of
paragraph (1) to reflect the application of clause (i).
``(5) For purposes of this subsection--
``(A) the term `Member' has the meaning given such term by
section 2106, notwithstanding section 8401(20); and
``(B) the term `child' has the meaning given such term by
section 8341.''.
Passed the House of Representatives January 23, 2007.
Attest:
KAREN L. HAAS,
Clerk. | Amends federal civil service law regarding the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to exclude from retirement accounting any service as a Member of Congress of an individual finally convicted of a felony involving: (1) bribery of public officials and witnesses; (2) acting as an agent of a foreign principal while a federal public official; (3) conspiracy to commit an offense or to defraud the United States; (4) perjury; or (5) subornation of perjury. Entitles such individual, all the same, to so much of his or her lump-sum credit as is attributable to such service.
Requires, with respect to each offense, that: (1) every act or commission of the individual that is needed to satisfy the elements of the offense occurs while the individual is a Member; (2) such act or omission directly relates to the performance of the individual's official duties as a Member; and (3) the offense is committed after enactment of this Act.
Defines Member as the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to make noncreditable for Federal retirement purposes any Member service performed by an individual who is convicted of any of certain offenses committed by that individual while serving as a Member of Congress, and for other purposes."} | 1,554 | 269 | 0.603231 | 1.875646 | 0.799551 | 3.004219 | 6.388186 | 0.869198 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Acquisition Institute Act of
2010''.
SEC. 2. ACQUISITION WORKFORCE IMPROVEMENTS.
(a) Workforce Improvements.--
(1) In general.--Section 855 of the National Defense
Authorization Act for Fiscal Year 2008 (41 U.S.C. 433a) is
transferred so as to appear after section 37 of the Office of
Federal Procurement Policy Act (41 U.S.C. 433), redesignated as
section 37A of the Office of Federal Procurement Policy Act,
and amended--
(A) in subsection (a)--
(i) by inserting after the first sentence
the following: ``The Associate Administrator
shall be chosen on the basis of demonstrated
knowledge and expertise in acquisition, human
capital, and management.'';
(ii) by striking ``The Associate
Administrator for Acquisition Workforce
Programs shall be located in the Federal
Acquisition Institute (or its successor).'' and
inserting ``The Associate Administrator shall
be located in the Office of Federal Procurement
Policy.'';
(iii) by redesignating paragraph (5) as
subparagraph (6);
(iv) in paragraph (4), by striking ``;
and'' and inserting a semicolon; and
(v) by inserting after paragraph (4) the
following new paragraph:
``(5) implementing workforce programs under subsections (f)
through (i) of section 37; and''; and
(B) by striking subsection (h) and inserting the
following new subsections:
``(h) Federal Acquisition Institute.--
``(1) In general.--There is established a Federal
Acquisition Institute (FAI) in order to--
``(A) foster and promote the development of a
professional acquisition workforce Government-wide;
``(B) promote and coordinate Government-wide
research and studies to improve the procurement process
and the laws, policies, methods, regulations,
procedures, and forms relating to acquisition by the
executive agencies;
``(C) collect data and analyze acquisition
workforce data from the Office of Personnel Management,
the heads of executive agencies, and, through periodic
surveys, from individual employees;
``(D) periodically analyze acquisition career
fields to identify critical competencies, duties,
tasks, and related academic prerequisites, skills, and
knowledge;
``(E) coordinate and assist agencies in identifying
and recruiting highly qualified candidates for
acquisition fields;
``(F) develop instructional materials for
acquisition personnel in coordination with private and
public acquisition colleges and training facilities;
``(G) evaluate the effectiveness of training and
career development programs for acquisition personnel;
``(H) promote the establishment and utilization of
academic programs by colleges and universities in
acquisition fields;
``(I) facilitate, to the extent requested by
agencies, interagency intern and training programs; and
``(J) perform other career management or research
functions as directed by the Administrator.
``(2) Budget resources and authority.--
``(A) In general.--The Director of the Office of
Management and Budget and the Administrator of General
Services shall provide the Federal Acquisition
Institute with the necessary budget resources and
authority to support government-wide training standards
and certification requirements necessary to enhance the
mobility and career opportunities of the Federal
acquisition workforce.
``(B) Acquisition workforce training fund.--Subject
to the availability of funds, the Administer of General
Services shall provide the Federal Acquisition
Institute with amounts from the acquisition workforce
training fund established under section 37(h)(3)
sufficient to meet the annual budget for the Federal
Acquisition Institute requested by the Administrator
for Federal Procurement Policy.
``(3) Federal acquisition institute board of directors.--
``(A) Reporting to administrator.--The Federal
Acquisition Institute shall report through its Board of
Directors directly to the Administrator for Federal
Procurement Policy.
``(B) Composition.--The Board shall be composed of
not more than 8 individuals from the Federal Government
representing a mix of acquisition functional areas, all
of whom shall be appointed by the Administrator.
``(C) Duties.--The Board shall provide general
direction to the Federal Acquisition Institute to
ensure that the Institute--
``(i) meets its statutory requirements;
``(ii) meets the needs of the Federal
acquisition workforce;
``(iii) implements appropriate programs;
``(iv) coordinates with appropriate
organizations and groups that have an impact on
the Federal acquisition workforce;
``(v) develops and implements plans to meet
future challenges of the Federal acquisition
workforce; and
``(vi) works closely with the Defense
Acquisition University.
``(D) Recommendations.--The Board shall make
recommendations to the Administrator regarding the
development and execution of the annual budget of the
Federal Acquisition Institute.
``(4) Director.--The Director of the Federal Acquisition
Institute shall be appointed by, and report directly to, the
Administrator.
``(i) Government-wide Training Standards and Certification.--The
Administrator for Federal Procurement Policy, acting through the
Federal Acquisition Institute, shall provide and update government-wide
training standards and certification requirements, including--
``(1) developing and modifying acquisition certification
programs;
``(2) ensuring quality assurance for agency implementation
of government-wide training and certification standards;
``(3) analyzing the acquisition training curriculum to
ascertain if all certification competencies are covered or if
adjustments are necessary;
``(4) developing career path information for certified
professionals to encourage retention in government positions;
``(5) coordinating with the Office of Personnel Management
for human capital efforts; and
``(6) managing rotation assignments to support
opportunities to apply skills included in certification.
``(j) Acquisition Internship and Training Programs.--All Federal
civilian agency acquisition internship or acquisition training programs
shall follow guidelines provided by the Office of Federal Procurement
Policy to ensure consistent training standards necessary to develop
uniform core competencies throughout the Federal Government.
``(k) Annual Report.--The Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate and the Committee on
Oversight and Government Reform and the Committee on Appropriations of
the House of Representatives an annual report on the projected budget
needs and expense plans of the FAI to fulfill its mandate.
``(l) Chief Acquisition Officer Defined.--In this section, the term
`Chief Acquisition Officer' means a Chief Acquisition Officer for an
executive agency appointed pursuant to section 16.''.
(2) Expanded scope of acquisition workforce training
fund.--Section 37(h)(3) of the Office of Federal Procurement
Policy Act (41 U.S.C. 433(h)(3)) is amended--
(A) in subparagraph (A), by striking ``to support
the training of the acquisition workforce of the
executive agencies'' and inserting ``to support the
activities set forth in section 37A(h)(1)''; and
(B) in subparagraph (E), by striking ``ensure that
funds collected for training under this section are not
used for any purpose other than the purpose specified
in subparagraph (A)'' and inserting ``ensure that funds
collected under this section are not used for any
purpose other than the activities set forth in section
37A(h)(1)''.
(b) Conforming Amendment.--Section 6(d)(5) of the Office of Federal
Procurement Policy Act (41 U.S.C. 405(d)(5)) is amended to read as
follows:
``(5) providing for and directing the activities of the
Federal Acquisition Institute established under section 37A,
including recommending to the Administrator of General Services
a sufficient budget for such activities;''.
(c) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to preclude the
Secretary of Defense from establishing acquisition workforce policies,
procedures, training standards, and certification requirements for
acquisition positions in the Department of Defense, as provided in
chapter 87 of title 10, United States Code.
Passed the Senate December 13, 2010.
Attest:
NANCY ERICKSON,
Secretary. | Federal Acquisition Institute Act of 2010 - Amends the National Defense Authorization Act for Fiscal Year 2008 to provide that the Associate Administrator for Acquisition Workforce Programs shall: (1) be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management; (2) be located in the Office of Federal Procurement Policy; and (3) implement acquisition workforce programs.
Requires the Federal Acquisition Institute (FAI) to: (1) foster and promote the development of a professional acquisition workforce government-wide; (2) promote and coordinate government-wide research and studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to acquisition by the executive agencies; (3) collect and analyze acquisition workforce data from the Office of Personnel Management (OPM), from the heads of executive agencies, and through periodic surveys of individual employees; (4) periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge; (5) coordinate and assist agencies in identifying and recruiting highly qualified candidates for acquisition fields; (6) develop instructional materials for acquisition personnel in coordination with private and public acquisition colleges and training facilities; (7) evaluate the effectiveness of training and career development programs for acquisition personnel; (8) promote the establishment and utilization of academic programs by colleges and universities in acquisition fields; and (9) facilitate interagency intern and training programs.
Requires: (1) the Director of the Office of Management and Budget (OMB) and the Administrator of General Services (GSA) to provide FAI with the necessary budget resources and authority to support government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the federal acquisition workforce; and (2) the GSA Administrator to provide FAI with amounts from the acquisition training fund sufficient to meet the annual budget for FAI requested by the Administrator for Federal Procurement Policy.
Directs FAI to report through its Board of Directors directly to the Administrator for Federal Procurement Policy. Sets forth the composition of the Board, which shall provide general direction to FAI and make recommendations to the Administrator regarding the development and execution of FAI's annual budget. Requires the Director of FAI to be appointed by, and report directly to, the Administrator.
Directs: (1) the Administrator for Federal Procurement Policy, acting through FAI, to provide and update government-wide training standards and certification requirements; (2) all federal civilian agency acquisition internship or acquisition training programs to follow guidelines provided by the Office of Federal Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the federal government; and (3) the Administrator to submit to specified congressional committees an annual report on the projected budget needs and expense plans of FAI.
Directs the GSA Administrator to manage the acquisition workforce training fund through FAI to support FAI activities and to ensure that funds collected are only used for such purposes. | {"src": "billsum_train", "title": "A bill to improve the Federal Acquisition Institute."} | 1,770 | 599 | 0.71663 | 2.471341 | 0.721022 | 4.828125 | 2.904514 | 0.956597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting America and American
Workers Act''.
SEC. 2. REDUCTION OF DIVERSITY VISAS TO LEVEL NECESSARY FOR NACARA;
PARTIAL REALLOCATION OF VISAS TO BENEFIT CERTAIN
EMPLOYMENT-BASED IMMIGRANTS.
(a) Reduction of Diversity Visas To Level for NACARA.--
(1) In general.--Section 201(e) of the Immigration and
Nationality Act (8 U.S.C. 1151(e)) is amended by striking
``55,000'' and inserting ``5,000''.
(2) Effective date; sunset.--The amendment made by
paragraph (1) shall take effect on October 1, 2018, and shall
cease to be effective on the effective date described in
section 3(d)(2).
(b) Partial Reallocation of Visas To Benefit Certain Employment-
Based Immigrants.--
(1) Worldwide level of immigration.--Section 201(d) of the
Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended
by adding at the end the following:
``(3) Beginning with fiscal year 2019, in addition to the worldwide
level of employment-based immigrants computed under paragraphs (1) and
(2), there shall be available for issuance in each fiscal year--
``(A) 8,000 visas, to be allotted to qualified immigrants
who are the beneficiary of a petition approved under
subparagraph (E) or (F) of section 204(a)(1) for classification
under section 203(b)(1);
``(B) 8,000 visas, to be allotted to qualified immigrants
who are the beneficiary of a petition approved under section
204(a)(1)(F) for classification under section 203(b)(2); and
``(C) 8,000 visas, to be allotted to qualified immigrants
who are the beneficiary of a petition approved under section
204(a)(1)(F) for classification under section 203(b)(3).''.
(2) Allocation of immigrant visas.--Section 203(b) of such
Act (8 U.S.C. 1153(b)) is amended--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``, and plus the number
of visas specified in section 201(d)(3)(A),'' after
``(4) and (5),'';
(B) in paragraph (2)(A), by inserting ``, and plus
the number of visas specified in section
201(d)(3)(B),'' after ``(1),''; and
(C) in paragraph (3)(A), in the matter preceding
clause (i), by inserting ``, and plus the number of
visas specified in section 201(d)(3)(C),'' after ``(1)
and (2),''.
(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2018.
SEC. 3. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.
(a) Worldwide Level of Immigration.--Section 201 of the Immigration
and Nationality Act (8 U.S.C. 1151) is amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph
(1);
(B) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3); and
(2) by striking subsection (e).
(b) Allocation of Immigrant Visas.--Section 203 of such Act (8
U.S.C. 1153) is amended--
(1) by striking subsection (c);
(2) in subsection (d), by striking ``(a), (b), or (c),''
and inserting ``(a) or (b),'';
(3) in subsection (e), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(4) in subsection (f), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''; and
(5) in subsection (g), by striking ``(a), (b), and (c)''
and inserting ``(a) and (b)''.
(c) Procedure for Granting Immigrant Status.--Section 204 of such
Act (8 U.S.C. 1154) is amended--
(1) by striking subsection (a)(1)(I); and
(2) in subsection (e), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''.
(d) Effective Date.--
(1) Determination.--The Secretary of State and the
Secretary of Homeland Security shall jointly determine when
visa numbers made available under section 201(e) of the
Immigration and Nationality Act (8 U.S.C. 1151(e)) (relating to
the worldwide level of diversity immigrants) are no longer
necessary to offset adjustments of status under section 309 of
the Illegal Immigration Reform and Immigrant Responsibility (8
U.S.C. 1101 note), as required by section 203(d) of the
Nicaraguan Adjustment and Central American Relief Act (8 U.S.C.
1151 note). Such Secretaries shall publish a notice in the
Federal Register of such determination.
(2) Amendments.--The amendments made by this section shall
take effect on the first day of the first fiscal year that
begins after the date on which the determination under
paragraph (1) is published in the Federal Register. | Protecting America and American Workers Act This bill amends the Immigration and Nationality Act to eliminate the diversity immigrant program effective on the first day of the first fiscal year after the date on which the Department of State and the Department of Homeland Security jointly determine that such immigrant visas are no longer necessary to offset certain status adjustments under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Until such time and effective on October 1, 2018, the annual number of diversity program visas is reduced from 55,000 to 5,000. Beginning in FY2019, 8,000 of such former diversity visas shall be allocated annually to each of three employment-based immigrant categories for a total of 24,000 additional visas each year. | {"src": "billsum_train", "title": "Protecting America and American Workers Act"} | 1,270 | 152 | 0.591103 | 1.59858 | 0.657539 | 2.507692 | 8.423077 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Trade Accessibility and
Accountability Act of 2017''.
SEC. 2. ASSISTANCE TO SMALL FIRMS TO FILE PETITIONS FOR COUNTERVAILING
DUTY INVESTIGATIONS AND ANTIDUMPING DUTY INVESTIGATIONS
UNDER THE TARIFF ACT OF 1930.
(a) In General.--The Secretary of Commerce, acting through the
Under Secretary for International Trade, shall provide financial
assistance to small firms to assist such firms to prepare and file
petitions (other than those petitions which, in the opinion of the
Secretary, are frivolous) to seek to obtain the remedies and benefits
available under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et
seq.; relating to the imposition of countervailing duties and
antidumping duties).
(b) Application and Affirmative Determination With Respect to
Petition.--The Secretary of Commerce may provide assistance under
subsection (a) to a small firm if--
(1) the firm submits to the Secretary an application for
such assistance at such time and in such form as the Secretary
may require; and
(2)(A) in the case of assistance relating to a petition
filed under section 702(b) of the Tariff Act of 1930 (19 U.S.C.
1671a(b)), the administering authority makes an affirmative
determination with respect to the petition under section
702(c)(2) of such section; and
(B) in the case of assistance relating to a petition filed
under section 732(b) of the Tariff Act of 1930 (19 U.S.C.
1673a(b)), the administering authority makes an affirmative
determination with respect to the petition under section
732(c)(2) of such section.
(c) Evaluation.--The Secretary of Commerce shall review an
application for assistance under subsection (a) submitted by a small
firm based on the ability-to-pay of the firm and the economic impact
that the firm has in its local community.
(d) Amount of Assistance.--The amount of assistance under
subsection (a) to a small firm may not exceed--
(1) 75 percent of the costs relating to the filing of a
petition under section 702(b) or 732(b) of the Tariff Act of
1930 (as the case may be); and
(2) the total costs associated with any preliminary
determinations or final determinations to which the petition
relates under subtitle A or B of title VII of the Tariff Act of
1930 (as the case may be).
(e) Definitions.--In this section:
(1) Administering authority.--The term ``administering
authority'' has the meaning given such term in section 771(1)
of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
(2) Small firm.--The term ``small firm'' means a firm
that--
(A) has average annual receipts of $40,000,000 or
less; or
(B) employs 1,500 or fewer individuals.
SEC. 3. MODIFICATION OF DETERMINATION OF INDUSTRY SUPPORT FOR PETITION
DETERMINATIONS UNDER COUNTERVAILING DUTY INVESTIGATIONS
AND ANTIDUMPING DUTY INVESTIGATIONS UNDER THE TARIFF ACT
OF 1930.
(a) Countervailing Duty Investigations.--Section 702(c)(4) of the
Tariff Act of 1930 (19 U.S.C. 1671a(c)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``, if'' and all that follows
through ``(i) the'' and inserting ``, if the'';
(B) by striking ``25 percent'' and inserting ``10
percent'';
(C) by striking ``, and'' and inserting a period;
and
(D) by striking clause (ii);
(2) by striking subparagraph (D); and
(3) by redesignating subparagraph (E) as subparagraph (D).
(b) Antidumping Duty Investigations.--Section 732(c)(4) of the
Tariff Act of 1930 (19 U.S.C. 1673a(c)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``, if'' and all that follows
through ``(i) the'' and inserting ``, if the'';
(B) by striking ``, and'' and inserting a period;
and
(C) by striking clause (ii);
(2) by striking subparagraph (D); and
(3) by redesignating subparagraph (E) as subparagraph (D).
(c) Effective Date.--The amendments made by this section take
effect on the date of the enactment of this Act and apply with respect
to countervailing duty investigations under subtitle A of title VII of
the Tariff Act of 1930 and antidumping duty investigations under
subtitle B of title VII of the Tariff Act of 1930 that are initiated on
or after the date that is 90 days after such date of enactment.
SEC. 4. AUTHORITY OF ITC TO ISSUE TRADE ENFORCEMENT ADVISORY OPINIONS.
Section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) is amended
by adding at the end the following:
``(h) Trade Enforcement Advisory Opinions.--
``(1) In general.--A United States business enterprise may
file a detailed petition with the appropriate congressional
committees for purposes of requesting the Commission to
determine whether or not a foreign country has violated its
obligations under any trade agreement to which the United
States is a party with respect to trade in goods or services of
an industry in which the United States business enterprise is
located.
``(2) Review by committees.--The appropriate congressional
committees shall--
``(A) review a petition filed under paragraph (1);
and
``(B) upon agreement among the chairs and ranking
members of such committees, refer the petition to the
Commission.
``(3) Review by commission.--The Commission shall review
each petition that is referred to the Commission by the
appropriate congressional committees under paragraph (2)(B) to
determine whether or not there is a reasonable basis to
conclude that a violation described the petition occurred. The
Commission shall provide opportunity for comment by the foreign
government involved and other stakeholders that are invited to
comment by the Commission.
``(4) Advisory opinion.--Not later than 120 days after the
date on which a petition is referred to the Commission under
paragraph (2)(B), the Commission shall issue an advisory
opinion that contains a determination of the Commission as to
whether or not there is a reasonable basis to conclude that a
violation described in the petition occurred. The Commission
shall make available to the public all materials submitted to
the Commission relating to the petition.
``(5) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The
term `appropriate congressional committees' means the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate.
``(B) Commission.--The term `Commission' means the
United States International Trade Commission.
``(C) United states business enterprise.--The term
`United States business enterprise' means an entity
organized under the laws of the United States or of any
jurisdiction within the United States, including a
foreign branch of such an entity.''.
SEC. 5. SENSE OF CONGRESS ON STATUS OF THE PEOPLE'S REPUBLIC OF CHINA
AS A NONMARKET ECONOMY COUNTRY.
It is the sense of Congress that--
(1) the status of the People's Republic of China as a
nonmarket economy country should remain in effect until the
Government of the People's Republic of China demonstrates that
it meets all of the criteria for treatment as a market economy
as set forth in section 771(18)(B) of the Tariff Act of 1930
(19 U.S.C. 1677(18)(B)); and
(2) the President should provide for the full and effective
application of United States antidumping and countervailing
duty laws against the People's Republic of China and all other
nonmarket economy countries until such time as such country
meets all of the criteria for treatment as a market economy
country as set forth in section 771(18)(B) of the Tariff Act of
1930.
SEC. 6. MADE IN AMERICA GSA SCHEDULE.
(a) Made in America Description Requirement.--
(1) In general.--Any good listed on a Federal supply
schedule of the General Services Administration that is
described as made, produced, or manufactured in America or some
other similar description that indicates the good was made,
produced, or manufactured in the United States is required to
have all or virtually all of the good and the component parts
of the good made, produced, or manufactured, as applicable, and
assembled, if applicable, in the United States.
(2) Enforcement.--The Administrator of General Services
shall enforce the requirement described under paragraph (1)
using the Made in USA Standard by the Federal Trade Commission
to define ``all or virtually all''.
(b) Penalty for Noncompliance.--
(1) First-time offender.--The supplier of any good found
not in compliance with the requirement described under
subsection (a) is subject to a civil penalty of $100,000 for
each such good not in compliance.
(2) Subsequent offense.--The supplier of any good found not
in compliance with the requirement described under subsection
(a) who has previously been found not in compliance and fined
under paragraph (1)--
(A) is subject to a civil penalty of $300,000 for
each such good not in compliance; and
(B) shall be permanently debarred from listing any
good on a Federal supply schedule.
(c) Tip Line.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator of General
Services shall establish a tip line that allows an individual
to report any violation of subsection (a).
(2) Reward.--Any tip submitted by an individual that, in
the determination of the Administrator, led to the discovery of
a violation of subsection (a), shall entitle such individual to
75 percent of any fine imposed under subsection (b). The
Administrator shall establish a process to determine
distribution under this paragraph.
(d) Notification Required.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of General Services
shall notify each supplier of a good listed on a Federal supply
schedule of the requirements of this Act.
(e) Effective Date; Applicability.--Except as provided in
subsections (c)(1) and (d), this section shall take effect 90 days
after the date of the enactment of this Act and shall apply with
respect to any contract entered into after the date of the enactment of
this Act that is related to posting a good on a Federal supply
schedule. | Fair Trade Accessibility and Accountability Act of 2017 This bill directs the Department of Commerce to provide financial assistance to small firms to assist them in preparing and filing petitions to obtain the remedies and benefits available under the Tariff Act of 1930 relating to the imposition of countervailing and antidumping duties investigations. Commerce shall review an application for assistance submitted by a small firm based on the firm's ability-to-pay and its economic impact in its local community. The amount of such assistance is capped. The bill amends the Tariff Act of 1930 to modify criteria for determining industry support for petitions in countervailing and antidumping duties investigations. A U.S. business enterprise may file a petition with the Senate Committee on Finance or the House Committee on Ways and Means to determine whether or not a foreign country has violated its obligations under any trade agreement to which the United States is a party. Any good listed on a General Services Administration federal supply schedule described as made in America must have all or virtually all of the good and component parts made in the United States. Suppliers of any good not in compliance with Made in America requirements are subject to civil penalties. | {"src": "billsum_train", "title": "Fair Trade Accessibility and Accountability Act of 2017"} | 2,487 | 250 | 0.598458 | 1.862689 | 0.862718 | 3.714286 | 9.875576 | 0.930876 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States International
Leadership Act of 2003''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) International organizations and other multilateral
institutions play a key role in United States foreign policy
and serve key United States foreign policy objectives, such as
obligating all countries to freeze assets of terrorist groups,
preventing the proliferation of chemical, biological and
nuclear weapons, and spearheading the fight to combat the
ravages of HIV/AIDS and other infectious diseases.
(2) Decisions at many international organizations,
including membership and key positions, remain subject to
determinations made by regional groups where democratic states
are often in the minority and where there is intensive
cooperation among repressive regimes. As a result, the United
States has often been blocked in its attempts to take action in
these institutions to advance its goals and objectives,
including at the United Nations Human Rights Commission (where
a representative of Libya was elected as chairman and the
United States temporarily lost a seat).
(3) In order to address these shortcomings, the United
States must actively work to improve the workings of
international organizations and multilateral institutions,
particularly by creating a caucus of democratic countries that
will advance United States interests. In the Second Ministerial
Conference of the Community of Democracies in Seoul, Korea, on
November 10-20, 2002, numerous countries recommended working
together as a democracy caucus in international organizations
such as the United Nations and ensuring that international and
regional institutions develop and apply democratic standards
for member states.
(4) In addition, the United States has shortchanged its
ability to influence these organizations by failing to obtain
enough support for positions that are congruent to or
consistent with United States objectives and has not done
enough to build expertise in the United States Government in
the area of multilateral diplomacy.
SEC. 3. ESTABLISHMENT OF A DEMOCRACY CAUCUS.
(a) In General.--The President of the United States, acting through
the Secretary of State and the relevant United States chiefs of
mission, shall seek to establish a democracy caucus at the United
Nations, the United Nations Human Rights Commission, the United Nations
Conference on Disarmament, and at other broad-based international
organizations.
(b) Purposes of the Caucus.--A democracy caucus at an international
organization should--
(1) forge common positions, including, as appropriate, at
the ministerial level, on matters of concern before the
organization and work within and across regional lines to
promote agreed positions;
(2) work to revise an increasingly outmoded system of
regional voting and decision making; and
(3) set up a rotational leadership scheme to provide member
states an opportunity, for a set period of time, to serve as
the designated president of the caucus, responsible for serving
as its voice in each organization.
SEC. 4. ANNUAL DIPLOMATIC MISSIONS ON MULTILATERAL ISSUES.
The Secretary of State, acting through the principal officers
responsible for advising the Secretary on international organizations,
shall ensure that a high-level delegation from the United States
Government, on an annual basis, is sent to consult with key foreign
governments in every region in order to promote the United States
agenda at key international fora, such as the United Nations General
Assembly, United Nations Human Rights Commission, the United Nations
Education, Science, and Cultural Organization, and the International
Whaling Commission.
SEC. 5. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS.
The President, acting through the Secretary of State and the
relevant United States chiefs of mission, shall use the voice, vote,
and influence of the United States to--
(1) where appropriate, reform the criteria for leadership
and, in appropriate cases for membership, at all United Nations
bodies and at other international organizations and
multilateral institutions to which the United States is a
member so as to exclude nations that violate the principles of
the specific organization;
(2) make it a policy of the United Nations and other
international organizations and multilateral institutions, in
which the United States is a member, that a member state may
not stand in nomination or be in rotation for a leadership
position in such bodies if such member state is subject to
sanctions imposed by the United Nations Security Council; and
(3) work to ensure that no member state stand in nomination
or be in rotation for a leadership position in such
organizations if such member state is subject to a
determination under section 620A of the Foreign Assistance Act
of 1961, section 40 of the Arms Export Control Act, or section
6(j) of the Export Administration Act.
SEC. 6. INCREASED TRAINING IN MULTILATERAL DIPLOMACY.
(a) Training Programs.--Section 708 of the Foreign Service Act (22
U.S.C. 4028) is amended by adding after subsection (b) the following
new subsection:
``(c) Training in Multilateral Diplomacy.--
``(1) In general.--The Secretary shall establish a series
of training courses for officers of the Service, including
appropriate chiefs of mission, on the conduct of diplomacy at
international organizations and other multilateral institutions
and at broad-based multilateral negotiations of international
instruments.
``(2) Particular programs.--The Secretary shall ensure that
the training described in paragraph (1) is provided at various
stages of the career of members of the Service. In particular,
the Secretary shall ensure that after January 1, 2004--
``(A) officers of the Service receive training on
the conduct of diplomacy at international organizations
and other multilateral institutions and at broad-based
multilateral negotiations of international instruments
as part of their training upon entry of the service;
and
``(B) officers of the Service, including chiefs of
mission, who are assigned to United States missions
representing the United States to international
organizations and other multilateral institutions or
who are assigned in Washington, D.C. to positions that
have as their primary responsibility formulation of
policy towards such organizations and institutions or
towards participation in broad-based multilateral
negotiations of international instruments receive
specialized training in the areas described in
paragraph (1) prior to beginning of service for such
assignment or, if receiving such training at that time
is not practical, within the first year of beginning
such assignment.''.
(b) Training for Civil Service Employees.--The Secretary shall
ensure that employees of the Department of State that are members of
the civil service and that are assigned to positions described in
section 708(c) of the Foreign Service Act (as amended by this Act) have
training described in such section.
(c) Conforming Amendments.--Section 708 of such Act is further
amended--
(1) in subsection (a) by striking ``(a) The'' and inserting
``(a) Training on Human Rights.--The''; and
(2) in subsection (b) by striking ``(b) The'' and inserting
``(b) Training on Refugee Law and Religious Persecution.--
The''.
SEC. 7. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS.
(a) Promotions.--
(1) In general.--Section 603(b) of the Foreign Service Act
of 1980 (22 U.S.C. 4003) is amended by striking the period at
the end and inserting the following: ``, and shall consider
whether the member of the Service has served in a position
whose primary responsibility is to formulate policy towards or
represent the United States at an international organization, a
multilateral institution, or a broad-based multilateral
negotiation of an international instrument.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect January 1, 2010.
(b) Establishment of a Multilateral Diplomacy Cone in The Foreign
Service.--
(1) Findings.--
(A) The Department of State maintains a number of
United States missions both within the United States
and abroad that are dedicated to representing the
United States to international organizations and
multilateral institutions, including missions in New
York, Brussels, Geneva, Rome, Montreal, Nairobi,
Vienna, and Paris, which will soon be responsible for
United States representation to UNESCO and OECD.
(B) In offices at the Harry S. Truman Building, the
Department maintains a significant number of positions
in bureaus that are either dedicated, or whose primary
responsibility is, to represent the United States to
such organizations and institutions or at multilateral
negotiations.
(C) Given the large number of positions in the
United States and abroad that are dedicated to
multilateral diplomacy, the Department of State may be
well served in developing persons with specialized
skills necessary to become experts in this unique form
of diplomacy.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report--
(A) evaluating whether a new cone should be
established for the Foreign Service that concentrates
on members of the Service that serve at international
organizations and multilateral institutions or are
primarily responsible for participation in broad-based
multilateral negotiations of international instruments;
and
(B) provides alternative mechanisms for achieving
the objective of developing a core group of United
States diplomats and other government employees who
have expertise and broad experience in conducting
multilateral diplomacy.
SEC. 8. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON MULTILATERAL
NEGOTIATIONS.
(a) Establishment of Office.--The Secretary of State is authorized
to establish, within the Bureau of International Organizational
Affairs, an Office on Multilateral Negotiations to be headed by a
Special Representative for Multilateral Negotiations (in this section
referred to as the ``special representative'').
(b) Appointment.--The special representative shall be appointed by
the President with the advice and consent of the Senate and shall have
the rank of Ambassador-at-Large. At the discretion of the President
another official at the Department may serve as the special
representative. The President may direct that the special
representative report to the Assistant Secretary for International
Organizations.
(c) Staffing.--The special representative shall have a staff of
foreign service and civil service officers skilled in multilateral
diplomacy.
(d) Duties.--The special representative shall have the following
responsibilities:
(1) In general.--The primary responsibility of the special
representative shall be to assist in the organization of, and
preparation for, United States participation in multilateral
negotiations, including the advocacy efforts undertaken by the
Department of State and other United States agencies.
(2) Advisory Role.--The special representative shall advise
the President and the Secretary of State, as appropriate,
regarding advocacy at international organizations and
multilateral institutions and negotiations and, in coordination
with the Assistant Secretary of State for International
Organizational Affairs, shall make recommendations regarding--
(A) effective strategies (and tactics) to achieve
United States policy objectives at multilateral
negotiations;
(B) the need for and timing of high level
intervention by the President, the Secretary of State,
the Deputy Secretary of State, and other United States
officials to secure support from key foreign government
officials for the United States position at such
organizations, institutions, and negotiations;
(C) the composition of United States delegations to
multilateral negotiations; and
(D) liaison with Congress, international
organizations, nongovernmental organizations, and the
private sector on matters affecting multilateral
negotiations.
(3) Democracy caucus.--The special representative, in
coordination with the Assistant Secretary for International
Organizational Affairs, shall ensure the establishment of a
democracy caucus (described in section 3).
(4) Annual diplomatic missions of multilateral issues.--The
special representative, in coordination with the Assistant
Secretary for International Organizational Affairs, shall
organize annual consultations between the principal officers
responsible for advising the Secretary of State on
international organizations and foreign governments to promote
the United States agenda at the United Nations General Assembly
and other key international fora (such as the United Nations
Human Rights Commission) as described in section 4.
(5) Leadership and membership of international
organizations.--The special representative, in coordination
with the Assistant Secretary of International Organizational
Affairs, shall direct the efforts of the United States
Government to reform the criteria for leadership and membership
of international organizations as described in section 5.
(6) Participation in multilateral negotiations.--The
special representative, or members of the special
representative's staff, may, as required by the President or
the Secretary of State, serve on a United States delegation to
any multilateral negotiation.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit a plan to
establish a democracy caucus (described in section 3) to the Committee
on International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate. The report required by
section 7(c) may be submitted together with the report under this
subsection.
SEC. 9. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO INTERNATIONAL
ORGANIZATIONS.
Not later than 180 days after the date of the enactment of this
Act, the President shall submit a plan to the appropriate congressional
committees on the implementation of section 404 of the Foreign
Relations Authorization Act of 2003 (Public Law 107-228), (relating to
a resumption by the United States of the payment of its full
contribution to certain international organizations at the beginning of
each calendar year). | United States International Leadership Act of 2003 - Directs the President, acting through the Secretary of State and the relevant U.S. chiefs of mission, to seek to establish a democracy caucus at the United Nations (UN), the UN Human Rights Commission, the UN Conference on Disarmament, and at other broad-based international organizations. Urges such a caucus to: (1) forge common positions on matters of concern before the organization; (2) work to revise the system of regional voting and decision making; and (3) set up a rotational leadership scheme to provide member states an opportunity to serve as the designated president of the caucus.
Requires the Secretary, acting through the principal officers responsible for advising the Secretary on international organizations, to ensure that a high-level delegation from the U.S. Government is sent annually to consult with key foreign governments in every region to promote the U.S. agenda at key international fora, such as the UN General Assembly, UN Human Rights Commission, the UN Education, Science, and Cultural Organization (UNESCO), and the International Whaling Commission.
Directs the President, acting through the Secretary and the relevant U.S. chiefs of mission, to use the voice, vote, and influence of the United States to: (1) reform the criteria for leadership and, in appropriate cases for membership, at all UN bodies and at other international organizations and multilateral institutions so as to exclude nations that violate the principles of the specific organization; (2) make it a policy of the UN and other international organizations and multilateral institutions that a member state may not stand in nomination or be in rotation for a leadership position if it is subject to UN Security Council sanctions; and (3) work to ensure that no member state stand in nomination or be in rotation for a leadership position if it is subject to a specified determination under the Foreign Assistance Act of 1961, the Arms Export Control Act, or the Export Administration Act.
Amends the Foreign Service Act to direct the Secretary to establish a series of training courses for Foreign Service officers, including appropriate chiefs of mission, on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments.
Requires the Secretary to ensure that civil service employees of the Department of State assigned to certain positions under the Foreign Service Act (as amended by this Act) have the proper training.
Declares that the precepts for selection boards responsible for recommending promotions into and within the Senior Foreign Service shall consider whether the Service member has served in a position whose primary responsibility is to formulate policy towards or represent the United States at an international organization, a multilateral institution, or a broad-based multilateral negotiation of an international instrument.
Directs the Secretary to report to the appropriate congressional committees on: (1) whether a new cone should be established for the Foreign Service that concentrates on Service members that serve at international organizations and multilateral institutions or are primarily responsible for participation in broad-based multilateral negotiations of international instruments; and (2) alternative mechanisms for achieving the objective of developing a core group of U.S. diplomats and other government employees who have expertise and broad experience in conducting multilateral diplomacy.
Authorizes the Secretary to establish, within the Bureau of International Organizational Affairs, an Office on Multilateral Negotiations to be headed by a Special Representative for Multilateral Negotiations with the rank of Ambassador-at-Large, appointed by the President with the advice and consent of the Senate.
Requires the President to submit to the appropriate congressional committees a plan to synchronize the payment of U.S. assessments to the UN and other international organizations over a multiyear period so that the United States can resume paying its dues to such international organizations at the beginning of each calendar year. | {"src": "billsum_train", "title": "To enhance United States leadership and the functioning of international organizations and multilateral institutions."} | 2,915 | 813 | 0.663986 | 2.457462 | 0.766952 | 5.751734 | 3.78086 | 0.938974 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Jobs for Veterans Act of
2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Customs and Border Protection Officers at United States
ports of entry carry out critical law enforcement duties
associated with screening foreign visitors, returning United
States citizens, and imported cargo entering the United States.
(2) It is in the national interest for United States ports
of entry to be adequately staffed with Customs and Border
Protection Officers in a timely fashion, including meeting the
congressionally funded staffing target of 23,775 officers for
fiscal year 2015.
(3) An estimated 250,000 to 300,000 members of the Armed
Forces separate from military service every year.
(4) Recruiting efforts and expedited hiring procedures must
be enhanced to ensure that qualified individuals separating
from military service are aware of, and partake in,
opportunities to fill vacant Customs and Border Protection
Officer positions.
SEC. 3. EXPEDITED HIRING OF APPROPRIATE SEPARATING SERVICE MEMBERS.
(a) Identification of Transferable Qualifications.--Not later than
60 days after the date of the enactment of this Act, the Secretary of
Homeland Security, in conjunction with the Secretary of Defense, shall
identify Military Occupational Specialty Codes and Officer Branches,
Air Force Specialty Codes, Naval Enlisted Classifications and Officer
Designators, and Coast Guard Competencies that are transferable to the
requirements, qualifications, and duties assigned to Customs and Border
Protection Officers.
(b) Hiring.--The Secretary of Homeland Security shall consider
hiring qualified candidates with the Military Occupational Specialty
Codes, Air Force Specialty Codes, Naval Enlisted Classifications and
Officer Designators, and Coast Guard Competencies identified as
transferable under subsection (a) who are eligible for veterans
recruitment appointment authorized under section 4214 of title 38,
United States Code.
SEC. 4. ENHANCEMENTS TO EXISTING PROGRAMS TO RECRUIT SERVICE MEMBERS
SEPARATING FROM MILITARY SERVICE FOR CUSTOMS AND BORDER
PROTECTION OFFICER VACANCIES.
(a) In General.--The Secretary of Homeland Security, in conjunction
with the Secretary of Defense, and acting through existing programs,
authorities, and agreements, where applicable, shall enhance the
efforts of the Department of Homeland Security to recruit members of
the Armed Forces who are separating from military service to serve as
Customs and Border Protection Officers.
(b) Elements.--The enhanced recruiting efforts under subsection (a)
shall--
(1) include Customs and Border Protection Officer
opportunities in relevant job assistance efforts under the
Transition Assistance Program;
(2) place U.S. Customs and Border Protection officials or
other relevant Department of Homeland Security officials at
recruiting events and jobs fairs involving members of the Armed
Forces who are separating from military service;
(3) provide opportunities for local U.S. Customs and Border
Protection field offices to partner with military bases in the
region;
(4) include outreach efforts to educate members of the
Armed Forces with Military Occupational Specialty Codes and
Officer Branches, Air Force Specialty Codes, Naval Enlisted
Classifications and Officer Designators, and Coast Guard
Competencies that are transferable to the requirements,
qualifications, and duties assigned to Customs and Border
Protection Officers of available hiring opportunities to become
Customs and Border Protection Officers;
(5) require the Secretary of Homeland Security and the
Secretary of Defense to work cooperatively to identify shared
activities and opportunities for reciprocity related to steps
in hiring U.S. Customs and Border Patrol officers with the goal
of minimizing the time required to hire qualified applicants;
(6) require the Secretary of Defense and the Secretary of
Homeland Security to work cooperatively to ensure the
streamlined interagency transfer of relevant background
investigations and security clearances; and
(7) include such other elements as may be necessary to
ensure that members of the Armed Forces who are separating from
military service are aware of opportunities to fill vacant
Customs and Border Protection Officer positions.
SEC. 5. REPORT TO CONGRESS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and not later than December 31 of each of the 3
successive years, the Secretary of Homeland Security and the Secretary
of Defense shall jointly submit a report to the appropriate
congressional committees that includes a description and assessment of
the efforts of the Department of Homeland Security to hire separating
service members as Customs and Border Protection Officers.
(b) Content.--The report required under subsection (a) shall
include--
(1) a detailed description of the proposed efforts under
section 4, including--
(A) elements of the enhanced recruiting efforts;
(B) goals associated with those elements; and
(C) a description of how the elements and goals
will assist in meeting statutorily mandated staffing
levels and agency hiring benchmarks;
(2) a detailed description of the efforts that have been
undertaken under section 4;
(3) the number of separating service members made aware of
Customs and Border Protection Officer vacancies;
(4) the Military Occupational Specialty Codes and Officer
Branches, Air Force Specialty Codes, Naval Enlisted
Classifications and Officer Designators, and Coast Guard
Competencies identified as transferable under section 3(a) and
a rationale for such identifications;
(5) the number of Customs and Border Protection Officer
vacancies filled with separating service members; and
(6) the number of Customs and Border Protection Officer
vacancies filled with separating service members under veterans
recruitment appointment authorized under section 4214 of title
38, United States Code.
SEC. 6. RULES OF CONSTRUCTION.
Nothing in this Act may be construed--
(a) to supersede, alter, or amend existing Federal veterans'
hiring preferences or Federal hiring authorities; or
(b) to authorize the appropriation of additional amounts to carry
out this Act.
Passed the Senate September 9, 2015.
Attest:
JULIE E. ADAMS,
Secretary. | Born-Alive Abortion Survivors Protection Act (Sec. 3) This bill amends the federal criminal code to require any health care practitioner who is present when a child is born alive following an abortion or attempted abortion to: (1) exercise the same degree of care as reasonably provided to any other child born alive at the same gestational age, and (2) ensure that such child is immediately admitted to a hospital. The term "born alive" means the complete expulsion or extraction from his or her mother, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut. Also, a health care practitioner or other employee who has knowledge of a failure to comply with these requirements must immediately report such failure to an appropriate law enforcement agency. An individual who violates the provisions of this Act is subject to a criminal fine, up to five years in prison, or both. An individual who commits an overt act that kills a child born alive is subject to criminal prosecution for murder. The legislation bars the criminal prosecution of a mother of a child born alive for conspiracy to violate the provisions of this Act, for being an accessory after the fact, or for concealment of felony. A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this Act. | {"src": "billsum_train", "title": "Born-Alive Abortion Survivors Protection Act"} | 1,309 | 324 | 0.234175 | 0.768568 | 0.488767 | 0.728223 | 4.121951 | 0.526132 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Opioid Management and
Bundled Addiction Treatment Act of 2018'' or the ``COMBAT Act of
2018''.
SEC. 2. MEDICARE COVERAGE OF CERTAIN SERVICES FURNISHED BY OPIOID
TREATMENT PROGRAMS.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (FF), by striking at the end ``and'';
(2) in subparagraph (GG), by inserting at the end ``;
and''; and
(3) by adding at the end the following new subparagraph:
``(HH) opioid treatment program services (as
defined in subsection (jjj)).''.
(b) Opioid Use Disorder Treatment Services and Opioid Treatment
Program Defined.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended by adding at the end the following new subsection:
``(jjj) Opioid Treatment Program Services; Opioid Treatment
Program.--
``(1) Opioid treatment program services.--
``(A) In general.--The term `opioid treatment
program services' means items and services described in
subparagraph (B) that are furnished as part of
medication-assisted treatment for the treatment of
opioid use disorder at an opioid treatment program
enrolled under section 1866(j).
``(B) Items and services described.--For purposes
of subparagraph (A), the items and services described
in this subparagraph, with respect to an individual and
episode of care, are the following:
``(i) Initial intake and assessment.
``(ii) Integrated and ongoing psychosocial
and medical treatment for opioid use disorder.
``(iii) Additional services, including
urinalysis; medication administration,
dispensing, and monitoring; and screening.
``(iv) One of the following products (or
such other products approved after the date of
the enactment of this subsection by the Food
and Drug Administration for the purpose of
maintenance or detoxification treatment), as
determined appropriate for the individual by an
appropriately licensed clinician for the
treatment of such individual:
``(I) Methadone products.
``(II) Buprenorphine products.
``(III) Naltrexone products.
``(2) Opioid treatment program.--The term `opioid treatment
program' means an opioid treatment program (as defined in
section 8.2 of title 42 of the Code of Federal Regulations, or
any successor regulation) that--
``(A) has in effect an opioid treatment program
certification (as defined in such section);
``(B) has in effect a certification by the
Substance Abuse and Mental Health Services
Administration for such a program; and
``(C) is accredited by an accrediting body approved
by the Substance Abuse and Mental Health Services
Administration.
``(3) Medication-assisted treatment.--The term `medication-
assisted treatment' means the use of medications, in
combination with counseling, behavioral therapies, and
toxicology testing, to provide a comprehensive approach to the
treatment of substance use disorders.''.
(c) Payment.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (BB)'' and inserting
``(BB)''; and
(B) by inserting before the semicolon at the end
the following ``, and (CC) with respect to opioid
treatment program services furnished during an episode
of care, the amount paid shall be equal to the amount
payable in accordance with section 1834(v)''.
(2) Payment determination.--Section 1834 of the Social
Security Act (42 U.S.C. 1395m) is amended by adding at the end
the following new subsection:
``(v) Opioid Treatment Program Services.--
``(1) In general.--The Secretary shall pay under this part
to an opioid treatment program (as defined in paragraph (2) of
section 1861(jjj)) an amount equal to 120 percent of the
bundled payment amount under a subparagraph of paragraph (2)
for opioid treatment program services (as defined in paragraph
(1) of such section 1861(jjj)) described in such subparagraph
that are furnished during the episode of care (beginning not
later than January 1, 2019) applicable to such services
described in such subparagraph, to an individual by a physician
or other practitioner at such program. Such a bundled payment
shall be in lieu of any payment that would otherwise be made
under this part to such physician or practitioner for
furnishing such services.
``(2) Payment amounts and episode of care based on
medication involved.--Subject to paragraph (3):
``(A) Medication-assisted treatment bundles
including methadone.--In the case of opioid treatment
program services that include methadone, the bundled
payment amount under this subparagraph is the payment
amount applied for HCPCS code H0020 and shall be for an
episode of care, the duration of which is a week.
``(B) Medication-assisted treatment bundles
including buprenorphine.--In the case of opioid
treatment program services that include buprenorphine--
``(i) the bundled payment amount under this
subparagraph shall be the amount equal to the
sum of--
``(I) with respect to services
furnished as part of such bundle, the
payment amount applied for HCPCS code
H0047; and
``(II) with respect to
buprenorphine administered or dispensed
as part of such bundle, the payment
amount applied for HCPCS code J0571,
J0572, or J0573, determined at an
amount equal to 95 percent of the
average wholesale price of the drug;
``(ii) such bundled payment amount--
``(I) shall be for an episode of
care, the duration of which is a week;
and
``(II) shall include payment for
buprenorphine administered during such
episode of care only if the medication
is dispensed or administered by the
opioid treatment program involved; and
``(iii) any claim for payment for such
services, with respect to such a episode of
care, under this subsection shall include the
National Drug Code for Buprenorphine, dosage,
and acquisition costs.
``(C) Medication-assisted treatment bundles
including naltrexone.--In the case of opioid treatment
program services that include naltrexone--
``(i) the bundled payment amount under this
subparagraph shall be the amount equal to the
sum of--
``(I) with respect to services
furnished as part of such bundle, the
payment amount applied for HCPCS code
H0047;
``(II) with respect to the
administration of naltrexone as part of
such bundle, the payment amount applied
for CPT code 96372; and
``(III) with respect to naltrexone
administered as part of such bundle,
the payment amount applied for HCPCS
code J2315 for the amount of milligrams
used; and
``(ii) such bundled amount shall be for an
episode of care, the duration of which is a
month.
In carrying out this paragraph, any reference to a
HCPCS code or CPT code shall be treated as including a
reference to a successor code to the HCPCS code or CPT
code, as determined by the Secretary pursuant to
rulemaking.
``(3) Limitation.--In no case shall the amount determined
under a subparagraph of paragraph (2), with respect to opioid
treatment services described in a subparagraph of paragraph (2)
during an episode of care described in such subparagraph
furnished in a count be less than the greater of--
``(A) the rate of payment for comparable services
that are paid under State plans under title XIX to
opioid treatment programs in such county; or
``(B) the rate of payment under the TRICARE program
under chapter 55 of title 10, United States Code, for
comparable services paid to opioid treatment programs
in such county.''.
(d) Including Opioid Treatment Programs as Medicare Providers.--
Section 1866(e) of the Social Security Act (42 U.S.C. 1395cc(e)) is
amended--
(1) in paragraph (2), by striking at the end ``and'';
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) opioid treatment programs (as defined in paragraph
(2) of section 1861(jjj)), but only with respect to the
furnishing of opioid treatment program services (as defined in
paragraph (1) of such section).''. | Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018 or the COMBAT Act of 2018 This bill provides for coverage and payment of specified opioid-treatment program services under the Medicare program. | {"src": "billsum_train", "title": "Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018"} | 2,063 | 54 | 0.547788 | 1.277899 | 0.437265 | 2.676471 | 52.529412 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smart Electronics Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The International Energy Agency estimates new
electronic gadgets have the potential to triple their energy
consumption by 2030 to 1,700 terawatt hours, the equivalent of
today's home electricity consumption of the United States and
Japan combined.
(2) According to the International Energy Agency,
electronic gadgets already account for about 15 percent of
household electric consumption, a share that is rising rapidly
as the number of these gadgets multiplies. Last year, the world
spent $80,000,000,000 on electricity to power all these
household electronics, and that is projected to rise to
$200,000,000,000 a year by 2030.
(3) Most of the increase in consumer electronics will be in
developing countries, where economic growth is fastest and
ownership rates of gadgets is the lowest.
(4) This proliferation in the use of devices will
jeopardize efforts to increase the energy security of the
United States and reduce the emission of greenhouse gases.
(5) The cost to business is even higher. Power consumed by
the typical corporate data center is growing by 20 percent per
year. Existing technologies could slash gadgets' energy
consumption by more than 30 percent at no cost or by more than
50 percent at a small cost, meaning that total greenhouse gas
emissions from households' electronic gadgets could be held
stable at around 500,000,000 tons of carbon dioxide per year.
(6) Governmental policies and programs such as Energy Star
have the potential to be enhanced to achieve even greater
energy savings through clear mandates and incentives and
upgraded implementation.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Consumer electronics.--The term ``consumer
electronics'' means electronic equipment intended for everyday
use, most often in entertainment, communications, and office
productivity.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) Smart electronics.--The term ``smart electronics''
means consumer electronics that include measures to reduce
energy use and increase energy efficiency, such as the
following:
(A) Power-factor correction.
(B) Stand-by power mode.
(C) Communication with smart grid and in-home and
networked energy monitoring equipment.
(D) On-demand and variable processing speed
semiconductors.
(E) Off-peak operation and charging.
(F) Low power switchable modes.
(G) The ability to achieve greater efficiency with
multiple functions on semiconductors.
SEC. 4. ASSESSMENT AND ANALYSIS.
Within 1 year after the date of enactment of this Act, the
Secretary and the Administrator shall submit a report to Congress
that--
(1) assesses the potential for cost-effective integration
of smart electronics technologies and capabilities in all
products that are reviewed for potential designation as Energy
Star products;
(2) assesses the growth of consumer electronics utilization
and the associated energy consumption;
(3) analyzes the potential energy savings and electricity
cost savings that could accrue through specific Energy Star
program focus on smart electronics; and
(4) analyzes and ranks the potential of cost-effective
smart electronics technologies.
SEC. 5. INCORPORATION OF SMART ELECTRONICS IN ENERGY STAR PROGRAM.
To the extent that it is consistent with the findings of the report
under section 4, the Secretary and the Administrator shall develop a
smart electronics emphasis as part of the implementation of the Energy
Star program.
SEC. 6. ENERGY STAR SMART ELECTRONICS REGISTRY.
(a) In General.--To the extent that it is consistent with the
findings of the report under section 4, the Secretary and the
Administrator shall establish within the Energy Star program a Smart
Electronics Registry that provides a voluntary mechanism for
electronics manufacturers and sellers to register their smart
electronics products. In operating the registry, the Secretary and the
Administrator shall--
(1) work with manufacturers to develop testing and
verification protocols to ensure that products qualify as smart
electronics; and
(2) work with sellers to develop qualification criteria for
smart electronics sales location labeling.
(b) State Standards.--Nothing in this section shall prohibit a
State from enacting smart electronics standards more stringent than
protocols and criteria established pursuant to this section. | Smart Electronics Act - Requires the Secretary of Energy (DOE) and the Administrator of the Environmental Protection Agency (EPA) to submit a report that: (1) assesses the potential for cost-effective integration of smart electronics technologies and capabilities in all products that are reviewed for potential designation as Energy Star products, (2) assesses the growth of consumer electronics utilization and the associated energy consumption, (3) analyzes the potential energy savings and electricity cost savings that could accrue through specific Energy Star program focus on smart electronics, and (4) analyzes and ranks the potential of cost-effective smart electronics technologies.
Defines "smart electronics" to mean consumer electronics that include measures to reduce energy use and increase energy efficiency, such as: (1) power-factor correction, (2) stand-by power mode, (3) communication with smart grid and in-home and networked energy monitoring equipment, (4) on-demand and variable processing speed semiconductors, (5) off-peak operation and charging, (6) low power switchable modes, and (7) the ability to achieve greater efficiency with multiple functions on semiconductors.
Requires the Secretary and the Administrator, to the extent consistent with report findings, to: (1) develop a smart electronics emphasis as part of the implementation of the Energy Star program, and (2) establish within that program a Smart Electronics Registry that provides a voluntary mechanism for electronics manufacturers and sellers to register their smart electronics products. Directs the Secretary and the Administrator to work with: (1) manufacturers to develop testing and verification protocols to ensure that products qualify as smart electronics, and (2) sellers to develop qualification criteria for smart electronics sales location labeling.
Permits states to enact smart electronics standards more stringent than protocols and criteria established under this Act. | {"src": "billsum_train", "title": "To assess the potential of smart electronics to reduce home and office electricity demand, to incorporate smart electronics into the Energy Star Program, and for other purposes."} | 932 | 363 | 0.599948 | 2.05 | 0.762516 | 5.74221 | 2.563739 | 0.966006 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Environmental Equity
Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) There is a growing recognition that urban, low-income,
and minority communities tend to be overburdened with polluting
facilities such as waste transfer stations, power plants,
superfund sites, brownfields, and toxic release inventory
sites.
(2) Poor and urban neighborhoods are forced to suffer the
effects associated with increased waste processing because they
often lack the resources to defend their rights and cannot
quantify unhealthy environmental factors.
(3) Addressing the problem of contaminated surroundings
impacting low-income or minority communities must be a priority
of this Nation.
(4) Health respiratory conditions such as asthma can be
traced to environmental conditions impacting a community such
as air pollution and biological contaminants.
(5) Asthma is one of the leading chronic health conditions
in the United States (affecting over 15 million people) and the
leading chronic youth illness (affecting 6.5 million children).
(6) At risk communities need resources to gather
information useful in planning preventive health and
environmental strategies to protect residents from polluting
conditions.
(7) Alliances of community-based organizations and
community health centers are often in the best position to
develop neighborhood health profiles to assist heath policy
makers in assessing the health impact of future growth or
redevelopment.
(8) Federal resources can help communities protect
themselves from being disproportionately exposed to
contaminants which can cause respiratory health complications
such as asthma.
(b) Purposes.--The purposes of this Act are--
(1) to prevent any individual or community from being
disproportionately exposed to hazardous materials;
(2) to enable government agencies to protect individuals
and communities from such exposure;
(3) to give community-based organizations and community
health centers the tools necessary to measure neighborhood
impacts of environmental hazards; and
(4) to enable such organizations and centers to maintain a
health profile for their communities and in this manner prevent
discriminatory exposure to hazardous substances.
SEC. 3. DISCRIMINATION REGARDING EXPOSURE TO HAZARDOUS SUBSTANCES.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following title:
``TITLE XXX--DISCRIMINATION REGARDING EXPOSURE TO COVERED SUBSTANCES
``SEC. 3001. DEFINITIONS.
``In this title:
``(1) Covered entity.--The term `covered entity' means any
entity which handles, manages, treats, releases, discharges,
disposes of, stores, transports, removes, moves, or delivers
covered substances.
``(2) Covered substance.--The term `covered substance'
means any of the following:
``(A) Any contaminant identified under the Safe
Drinking Water Act (title XIV of this Act).
``(B) Any substance described in section 201(q) of
the Federal Food, Drug, and Cosmetic Act, and any
material registered pursuant to the Act referred to in
paragraph (1) of such section.
``(C) Any chemical listed by the National
Toxicology Program of the Department of Health and
Human Services as a known or probable human carcinogen.
``(D) Any substance defined in section 101(14) of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 and any chemical subject to
section 313 of the Emergency Planning and Community
Right-To-Know Act of 1986.
``(E) Any material subject to the requirements
concerning material safety data sheets for chemicals
under the Occupational Safety and Health Act of 1970.
``(F) Any chemical substance or mixture regulated
under the Toxic Substance Control Act.
``(G) Any hazardous waste identified under the
Solid Waste Disposal Act.
``(H) Any pesticide registered under the Federal
Insecticide, Fungicide, and Rodenticide Act.
``(I) Any air pollutant regulated under the Clean
Air Act.
``(J) Such other contaminants, chemicals,
materials, wastes, and substances as the President,
acting through the head of the appropriate agency,
determines to be appropriate for purposes of this
title.
``SEC. 3002. PROHIBITION AGAINST DISCRIMINATION.
``(a) In General.--A covered entity shall not, on the ground of
race, color, national origin, or economic status, disproportionately
expose any person or community to any covered substance.
``(b) Compliance.--
``(1) Identification.--A covered entity shall consult and
work in partnership with the States, local government
officials, and the Federal Government to comply with subsection
(a).
``(2) Addressing disproportionate exposure.--A covered
entity shall address the actual or potential disproportionate
exposure to covered substances of individuals or communities,
on the ground of race, color, national origin, or economic
status, prior to pursuing State and local administrative
proceedings to obtain authorization or approval to handle,
manage, treat, release, discharge, dispose of, transport,
remove, move, deliver or otherwise use covered substances.
``(c) Regulations.--
``(1) In general.--The President shall require the
appropriate Federal officials to issue regulations to implement
this section consistent with the provisions of section 602 of
the Civil Rights Act of 1964 relating to compliance.
``(2) Enforcement.--Compliance with this section may be
effectuated (1) by the termination of or refusal to grant
authorization to any covered entity to handle, manage, treat,
release, discharge, dispose of, store, transport, remove, move,
or deliver covered substances; or (2) by any other means
authorized by law. With respect to any covered entity that is a
recipient of Federal financial assistance, compliance may also
be effectuated pursuant to section 602 of the Civil Rights Act
of 1964.
``(3) Dates certain regarding regulations.--For purposes of
carrying out this section--
``(A) proposed rules shall be issued not later than
6 months after the date of the enactment of the
Community Environmental Equity Act;
``(B) final rules shall be issued not later than 18
months after such date of enactment; and
``(C) such final rules shall take effect not later
than 30 months after such date of enactment.
``(d) Biennial Report.--Not later than 2 years after the date on
which final rules are issued pursuant to subsection (c)(3)(B), and
every 2 years thereafter, the Federal Interagency Environmental Justice
Working Group (established under Executive Order 12898 (February 11,
1994)) shall submit to the Congress a report on activities carried out
under this section.
``SEC. 3003. COMMUNITY HEALTH IMPACT PROFILE PROGRAM GRANTS.
``(a) Establishment.--The Secretary shall establish a Health Impact
Profile Program for the purpose of making grants to community-based
organizations and community health centers to assist in the planning
and development of community health impact profiles.
``(b) Requirement.--The Secretary may not make a grant to a
community-based organization or a community health center under this
section unless the organization or center--
``(1) is located in the community in which the grant will
be used; or
``(2) enters into a partnership with an entity in such
community for purposes of carrying out the activities described
in subsection (c).
``(c) Use of Funds.--The Secretary may not make a grant to a
community-based organization or a community health center under this
section unless the organization or center agrees to use the grant for
the following:
``(1) Conducting an overall neighborhood health assessment
to measure the prospective environmental health consequences
of--
``(A) any significant proposed growth or
redevelopment plan; and
``(B) any exposure in the community to covered
substances.
``(2) Building community expertise to develop health impact
profiles through community-based organizations and community
health centers.
``(3) Improving community ability to identify harmful
environmental exposure by covered entities.
``(4) Preserving a healthy and environmentally friendly
community.
``(d) Administrative Costs.--The Secretary may not make a grant to
a community-based organization or a community health center under this
section unless the organization or center agrees that, of the amount
received through the grant, not more than 10 percent of such amount
will be used to cover reasonable administrative costs necessary to
carry out the activities described in subsection (c).
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,000,000 for each of fiscal
years 2008 through 2010. Funds appropriated under this section shall
remain available until expended.''. | Community Environmental Equity Act - Amends the Public Health Service Act to prohibit any entity that handles, manages, treats, releases, discharges, disposes, stores, transports, removes, moves, or delivers any covered substance from disproportionately exposing any person or community to such substance on the ground of race, color, national origin, or economic status.
Defines "covered substance" to include: (1) any contaminant identified under the Safe Drinking Water Act; (2) any pesticide chemical under the Federal Food, Drug, and Cosmetic Act; (3) any chemical listed as a known or probable human carcinogen under the National Toxicology Program of the Department of Health and Human Services (HHS); (4) any chemical substance or mixture regulated under the Toxic Substance Control Act; (5) any hazardous waste identified under the Solid Waste Disposal Act; (6) any pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act; and (7) any air pollutant regulated under the Clean Air Act.
Requires such an entity to: (1) work in partnership with state and local government officials and the federal government to comply with this Act; and (2) address actual or potential disproportionate exposure to covered substances prior to pursuing authorization or approval to work with such substances.
Authorizes enforcement: (1) by denial or termination of authorization to work with covered substances; (2) by any other means authorized by law; and (3) for an entity receiving federal financial assistance, through specified compliance provisions of the Civil Rights Act of 1964.
Requires the Secretary of Health and Human Services to establish a Health Impact Profile Program to make grants to community-based organizations and community health centers to assist in the planning and development of community health impact profiles. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to prohibit discrimination regarding exposure to hazardous substances, and for other purposes."} | 1,930 | 374 | 0.58098 | 1.904686 | 0.693043 | 4.724638 | 5.284058 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Contraception Education
Act of 2007''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Each year 3,000,000 pregnancies, or one-half of all
pregnancies, in the United States are unintended, and 4 in 10
of these unintended pregnancies end in abortion.
(2) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy for women of reproductive potential and has approved
over-the-counter access to the emergency contraceptive Plan B
for adults.
(3) The most commonly used forms of emergency contraception
are regimens of ordinary birth control pills. Taken within 72
hours of unprotected intercourse or contraceptive failure,
emergency contraception can reduce the risk of pregnancy by as
much as 89 percent. Recent medical evidence confirms that
emergency contraception can be effective up to 5 days after
unprotected intercourse or contraception failure.
(4) Emergency contraception, also known as postcoital
contraception, is a responsible means of preventing pregnancy
that works like other hormonal contraception by delaying
ovulation preventing fertilization and may prevent
implantation.
(5) Emergency contraception does not cause abortion and
will not affect an established pregnancy.
(6) Increased usage of emergency contraception could reduce
the number of unintended pregnancies, thereby reducing the need
for abortion.
(7) Emergency contraceptive use in the United States
remains low, and 1 in 3 women of reproductive age remain
unaware of the method.
(8) Although the American College of Obstetricians and
Gynecologists recommends that doctors routinely discuss
emergency contraception with women of reproductive age during
their annual visit, only 1 in 4 obstetricians/gynecologists
routinely discuss emergency contraception with their patients,
suggesting the need for greater provider and patient education.
(9) It is estimated that 25,000 to 32,000 women become
pregnant each year as a result of rape or incest, half of whom
choose to terminate their pregnancy. If used correctly,
emergency contraception could help many of these rape survivors
avoid the additional trauma of facing an unintended pregnancy.
(10) A recent study conducted by Ibis Reproductive Health
found that less than 18 percent of hospitals provide emergency
contraception at a woman's request without restrictions. At
nearly 50 percent of hospitals, emergency contraception is
unavailable even in cases of sexual assault.
(11) In light of their safety and efficacy, both the
American Medical Association and the American College of
Obstetricians and Gynecologists have endorsed more widespread
availability of emergency contraceptive.
(12) Healthy People 2010, published by the Office of the
Surgeon General, establishes a 10-year national public health
goal of increasing the proportion of health care providers who
provide emergency contraception to their patients.
(13) Public awareness campaigns targeting women and health
care providers will help remove many of the barriers to
emergency contraception and will help bring this important
means of pregnancy prevention to women in the United States.
SEC. 3. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION PROGRAMS.
(a) Emergency Contraception Public Education Program.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
develop and disseminate to the public information on emergency
contraception.
(2) Dissemination.--The Secretary may disseminate
information under paragraph (1) directly or through
arrangements with nonprofit organizations, consumer groups,
institutions of higher education, clinics, the media, and
Federal, State, and local agencies.
(3) Information.--The information disseminated under
paragraph (1) shall include, at a minimum, a description of
emergency contraception and an explanation of the use, safety,
efficacy, and availability of such contraception.
(b) Emergency Contraception Information Program for Health Care
Providers.--
(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration and in consultation with major medical and
public health organizations, shall develop and disseminate to
health care providers information on emergency contraception.
(2) Information.--The information disseminated under
paragraph (1) shall include, at a minimum--
(A) information describing the use, safety,
efficacy, and availability of emergency contraception;
(B) a recommendation regarding the use of such
contraception in appropriate cases; and
(C) information explaining how to obtain copies of
the information developed under subsection (a) for
distribution to the patients of the providers.
(c) Definitions.--For purposes of this section:
(1) Emergency contraception.--The term ``emergency
contraception'' means a drug or device (as the terms are
defined in section 201 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321)) or a drug regimen that--
(A) is used postcoitally;
(B) prevents pregnancy by preventing ovulation or
fertilization of an egg or may prevent the implantation
of an egg in a uterus; and
(C) is approved by the Food and Drug
Administration.
(2) Health care provider.--The term ``health care
provider'' means an individual who is licensed or certified
under State law to provide health care services and who is
operating within the scope of such license. Such term shall
include a pharmacist.
(3) Institution of higher education.--The term
``institution of higher education'' has the same meaning given
such term in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2008 through 2012. | Emergency Contraception Education Act of 2007 - Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information on emergency contraception, including, at a minimum, a description of emergency contraception and an explanation of the use, safety, efficacy, and availability of such contraception.
Requires that the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to develop and disseminate to health care providers, including pharmacists, information on emergency contraception that includes, at a minimum: (1) information describing the use, safety, efficacy, and availability of emergency contraception; (2) a recommendation regarding its use in appropriate cases; and (3) information explaining how to obtain copies of information from the CDC. | {"src": "billsum_train", "title": "A bill to establish a public education and awareness program relating to emergency contraception."} | 1,307 | 186 | 0.549185 | 1.462004 | 0.345465 | 5.141975 | 7.203704 | 0.932099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patriotic Employers of Guard and
Reservists Act of 2004''.
SEC. 2. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT AND READY RESERVE-
NATIONAL GUARD REPLACEMENT EMPLOYEE CREDIT.
(a) Ready Reserve-National Guard Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business-related credits) is amended by adding at the end the
following:
``SEC. 45G. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT.
``(a) General Rule.--For purposes of section 38, the Ready Reserve-
National Guard employee credit determined under this section for any
taxable year with respect to each Ready Reserve-National Guard employee
of an employer is an amount equal to 50 percent of the lesser of--
``(1) the actual compensation amount with respect to such
employee for such taxable year, or
``(2) $30,000.
``(b) Definition of Actual Compensation Amount.--For purposes of
this section, the term `actual compensation amount' means the amount of
compensation paid or incurred by an employer with respect to a Ready
Reserve-National Guard employee on any day when the employee was absent
from employment for the purpose of performing qualified active duty.
``(c) Limitations.--No credit shall be allowed with respect to any
day that a Ready Reserve-National Guard employee who performs qualified
active duty was not scheduled to work (for reason other than to
participate in qualified active duty).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified active duty.--The term `qualified active
duty' means--
``(A) active duty, other than the training duty
specified in section 10147 of title 10, United States
Code (relating to training requirements for the Ready
Reserve), or section 502(a) of title 32, United States
Code (relating to required drills and field exercises
for the National Guard), in connection with which an
employee is entitled to reemployment rights and other
benefits or to a leave of absence from employment under
chapter 43 of title 38, United States Code, and
``(B) hospitalization incident to such duty.
``(2) Compensation.--The term `compensation' means any
remuneration for employment, whether in cash or in kind, which
is paid or incurred by a taxpayer and which is deductible from
the taxpayer's gross income under section 162(a)(1).
``(3) Ready reserve-national guard employee.--The term
`Ready Reserve-National Guard employee' means an employee who
is a member of the Ready Reserve of a reserve component of an
Armed Force of the United States as described in sections 10142
and 10101 of title 10, United States Code.
``(4) Certain rules to apply.--Rules similar to the rules
of section 52 shall apply.
``(e) Portion of Credit Refundable.--
``(1) In general.--In the case of an employer of a
qualified first responder, the aggregate credits allowed to a
taxpayer under subpart C shall be increased by the lesser of--
``(A) the credit which would be allowed under this
section without regard to this subsection and the
limitation under section 38(c), or
``(B) the amount by which the aggregate amount of
credits allowed by this subpart (determined without
regard to this subsection) would increase if the
limitation imposed by section 38(c) for any taxable
year were increased by the amount of employer payroll
taxes imposed on the taxpayer during the calendar year in which the
taxable year begins.
The amount of the credit allowed under this subsection shall
not be treated as a credit allowed under this subpart and shall
reduce the amount of the credit otherwise allowable under
subsection (a) without regard to section 38(c).
``(2) Employer payroll taxes.--For purposes of this
subsection--
``(A) In general.--The term `employer payroll
taxes' means the taxes imposed by--
``(i) section 3111(b), and
``(ii) sections 3211(a) and 3221(a)
(determined at a rate equal to the rate under
section 3111(b)).
``(B) Special rule.--A rule similar to the rule of
section 24(d)(2)(C) shall apply for purposes of
subparagraph (A).
``(3) Qualified first responder.--For purposes of this
subsection, the term `qualified first responder' means any
person who is--
``(A) employed as a law enforcement official, a
firefighter, or a paramedic, and
``(B) a Ready Reserve-National Guard employee.''.
(2) Credit to be part of general business credit.--
Subsection (b) of section 38 of such Code (relating to general
business credit) is amended by striking ``plus'' at the end of
paragraph (14), by striking the period at the end of paragraph
(15) and inserting ``, plus'', and by adding at the end the
following:
``(16) the Ready Reserve-National Guard employee credit
determined under section 45G(a).''.
(3) Denial of double benefit.--Section 280C(a) of such Code
(relating to rule for employment credits) is amended by
inserting ``45G(a),'' after ``45A(a),''.
(4) Conforming amendment.--The table of sections for
subpart D of part IV of subchapter A of chapter 1 of such Code
is amended by inserting after the item relating to section 45F
the following:
``Sec. 45G. Ready Reserve-National Guard
employee credit.''.
(5) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after September 30,
2004, in taxable years ending after such date.
(b) Ready Reserve-National Guard Replacement Employee Credit.--
(1) In general.--Subpart B of part IV of subchapter A of
chapter 1 of such Code (relating to foreign tax credit, etc.)
is amended by adding after section 30A the following new
section:
``SEC. 30B. READY RESERVE-NATIONAL GUARD REPLACEMENT EMPLOYEE CREDIT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an eligible taxpayer,
there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year the sum of the employment
credits for each qualified replacement employee under this
section.
``(2) Employment credit.--The employment credit with
respect to a qualified replacement employee of the taxpayer for
any taxable year is equal to 50 percent of the lesser of--
``(A) the individual's qualified compensation
attributable to service rendered as a qualified
replacement employee, or
``(B) $12,000.
``(b) Qualified Compensation.--The term `qualified compensation'
means--
``(1) compensation which is normally contingent on the
qualified replacement employee's presence for work and which is
deductible from the taxpayer's gross income under section
162(a)(1),
``(2) compensation which is not characterized by the
taxpayer as vacation or holiday pay, or as sick leave or pay,
or as any other form of pay for a nonspecific leave of absence,
and
``(3) group health plan costs (if any) with respect to the
qualified replacement employee.
``(c) Qualified Replacement Employee.--For purposes of this
section--
``(1) In general.--The term `qualified replacement
employee' means an individual who is hired to replace a Ready
Reserve-National Guard employee or a Ready Reserve-National
Guard self-employed taxpayer, but only with respect to the
period during which such Ready Reserve-National Guard employee
or Ready Reserve-National Guard self-employed taxpayer
participates in qualified active duty, including time spent in
travel status.
``(2) Ready reserve-national guard employee.--The term
`Ready Reserve-National Guard employee' has the meaning given
such term by section 45G(d)(3).
``(3) Ready reserve-national guard self-employed
taxpayer.--The term `Ready Reserve- National Guard self-
employed taxpayer' means a taxpayer who--
``(A) has net earnings from self-employment (as
defined in section 1402(a)) for the taxable year, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States as
described in section 10142 and 10101 of title 10,
United States Code.
``(d) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 51(a) and 1396(a) with respect to
any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(e) Limitations.--
``(1) Application with other credits.--The credit allowed
under subsection (a) for any taxable year shall not exceed the
excess (if any) of--
``(A) the regular tax for the taxable year reduced
by the sum of the credits allowable under subpart A and
sections 27, 29, and 30, over
``(B) the tentative minimum tax for the taxable
year.
``(2) Disallowance for failure to comply with employment or
reemployment rights of members of the reserve components of the
armed forces of the united states.--No credit shall be allowed
under subsection (a) to a taxpayer for--
``(A) any taxable year, beginning after the date of
the enactment of this section, in which the taxpayer is
under a final order, judgment, or other process issued
or required by a district court of the United States
under section 4323 of title 38 of the United States
Code with respect to a violation of chapter 43 of such
title, and
``(B) the 2 succeeding taxable years.
``(f) General Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means a small business employer or a Ready Reserve-National
Guard self-employed taxpayer.
``(2) Small business employer.--
``(A) In general.--The term `small business
employer' means, with respect to any taxable year, any
employer who employed an average of 50 or fewer
employees on business days during such taxable year.
``(B) Controlled groups.--For purposes of
subparagraph (A), all persons treated as a single
employer under subsection (b), (c), (m), or (o) of
section 414 shall be treated as a single employer.
``(3) Qualified active duty.--The term `qualified active
duty' has the meaning given such term by section 45G(d)(1).
``(4) Special rules for certain manufacturers.--
``(A) In general.--In the case of any qualified
manufacturer--
``(i) subsection (a)(2)(B) shall be applied
by substituting `$20,000' for `$12,000', and
``(ii) paragraph (2)(A) of this subsection
shall be applied by substituting `100' for
`50'.
``(B) Qualified manufacturer.--For purposes of this
paragraph, the term `qualified manufacturer' means any
person if--
``(i) the primary business of such person
is classified in sector 31, 32, or 33 of the
North American Industrial Classification
System, and
``(ii) all of such person's facilities
which are used for production in such business
are located in the United States.
``(5) Carryback and carryforward allowed.--
``(A) In general.--If the credit allowable under
subsection (a) for a taxable year exceeds the amount of
the limitation under subsection (e)(1) for such taxable
year (in this paragraph referred to as the `unused
credit year'), such excess shall be a credit carryback
to each of the 3 taxable years preceding the unused
credit year and a credit carryforward to each of the 20
taxable years following the unused credit year.
``(B) Rules.--Rules similar to the rules of section
39 shall apply with respect to the credit carryback and
credit carryforward under subparagraph (A).
``(6) Certain rules to apply.--Rules similar to the rules
of subsections (c), (d), and (e) of section 52 shall apply.''.
(2) No deduction for compensation taken into account for
credit.--Section 280C(a) of such Code (relating to rule for
employment credits) is amended--
(A) by inserting ``or compensation'' after
``salaries'', and
(B) by inserting ``30B,'' before ``45A(a),''.
(3) Conforming amendment.--Section 55(c)(2) of such Code is
amended by inserting ``30B(e)(1),'' after ``30(b)(3),''.
(4) Clerical amendment.--The table of sections for subpart
B of part IV of subchapter A of chapter 1 of such Code is
amended by adding after the item relating to section 30A the
following new item:
``Sec. 30B. Ready Reserve-National Guard
replacement employee credit.''.
(5) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after September 30,
2004, in taxable years ending after such date. | Patriotic Employers of Guard and Reservists Act of 2004 - Amends the Internal Revenue Code to allow employers a business tax credit for 50 percent of the lesser of: (1) actual compensation paid to each Ready Reserve-National Guard employee while on active duty; or (2) $30,000. Allows employers a refundable credit against payroll taxes for wages paid to employees who are first responders (i.e., law enforcement officials, firefighters, paramedics, and Ready Reserve-National Guard employees).
Allows employers a tax credit for 50 percent of the lesser of: (1) the wages paid to each employee hired to replace a Ready Reserve-National Guard employee or self-employed Reservist while on active duty; or (2) $12,000. Increases the amount of the credit for certain U.S. manufacturers.
Disqualifies an employer for the tax credit if the employer has failed to comply with employment or reemployment rights of military personnel. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide to employers a tax credit for compensation paid during the period employees are performing service as members of the Ready Reserve or the National Guard."} | 3,071 | 199 | 0.657668 | 1.799849 | 0.798849 | 2.797753 | 15.460674 | 0.865169 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Health Innovation
Demonstration Act of 1993''.
SEC. 2. RURAL HEALTH EXTENSION NETWORKS.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end thereof the following new
section:
``SEC. 1709. RURAL HEALTH EXTENSION NETWORKS.
``(a) Grants.--The Secretary, acting through the Health Resources
and Services Administration, may award competitive grants to eligible
entities to enable such entities to facilitate the development of
networks among rural and urban health care providers to preserve and
share health care resources and enhance the quality and availability of
health care in rural areas. Such networks may be statewide or
regionalized in focus.
``(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a) an entity shall--
``(1)(A) be a rural health extension network that meets the
requirements of subsection (c); or
``(B) be an Area Health Education Center Program;
``(2) prepare and submit to the Secretary an application at
such time, in such form and containing such information as the
Secretary may require; and
``(3) meets such other requirements as the Secretary
determines appropriate.
``(c) Networks.--For purposes of subsection (b)(1), a rural health
extension network shall be an association or consortium of three or
more rural health care providers, and may include one or more urban
health care provider, for the purposes of applying for a grant under
this section and using amounts received under such grant to provide the
services described in subsection (d).
``(d) Services.--
``(1) In general.--An entity that receives a grant under
subsection (a) shall use amounts received under such grant to--
``(A) provide education and community
decisionmaking support for health care providers in the
rural areas served by the network;
``(B) utilize existing health care provider
education programs, including but not limited to, the
program for area health education centers under section
781, to provide educational services to health care
providers and trainees including, but not limited to,
physicians, nurses and nursing students in the areas
served by the network;
``(C) make appropriately trained facilitators
available to health care providers located in the areas
served by the network to assist such providers in
developing cooperative approaches to health care in
such area;
``(D) facilitate linkage building through the
organization of discussion and planning groups and the
dissemination of information concerning the health care
resources where available, within the area served by
the network;
``(E) support telecommunications and consultative
projects to link rural hospitals and other health care
providers, and urban or tertiary hospitals in the areas
served by the network; or
``(F) carry out any other activity determined
appropriate by the Secretary.
``(2) Education.--In carrying out activities under
paragraph (1)(B), an entity shall support the development of an
information and resource sharing system, including elements
targeted towards high risk populations and focusing on health
promotion, to facilitate the ability of rural health care
providers to have access to needed health care information.
Such activities may include the provision of training to enable
individuals to serve as coordinators of health education
programs in rural areas.
``(3) Collection and dissemination of data.--The chief
executive officer of a State shall designate a State agency
that shall be responsible for collecting and regularly
disseminating information concerning the activities of the
rural health extension networks in that State.
``(e) Matching Requirement.--An entity that receives a grant under
subsection (a) shall make available (directly or through donations from
public or private entities), non-Federal contributions towards the
costs of the operations of the network in an amount equal to the amount
of the grant.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $10,000,000 for each of the
fiscal years 1994 through 1997.
``(g) Definition.--As used in this section and section 1710, the
term `rural health care providers' means health care professionals and
hospitals located in rural areas. The Secretary shall ensure that for
purposes of this definition, rural areas shall include any area that
meets any applicable Federal or State definition of rural area.
``(h) Relation to Other Laws.--
``(1) In general.--Notwithstanding any provision of the
antitrust laws, it shall not be considered a violation of the
antitrust laws for entities to develop and operate networks in
accordance with this section.
``(2) Definition.--For purposes of this subsection, the
term `antitrust laws' means--
``(A) the Act entitled `An Act to protect trade and
commerce against unlawful restraints and monopolies',
approved July 2, 1890, commonly known as the `Sherman
Act' (26 Stat. 209; chapter 647; 15 U.S.C. 1 et seq.);
``(B) the Federal Trade Commission Act, approved
September 26, 1914 (38 Stat. 717; chapter 311; 15
U.S.C. 41 et seq.);
``(C) the Act entitled `An Act to supplement
existing laws against unlawful restraints and
monopolies, and for other purposes', approved October
15, 1914, commonly known as the `Clayton Act' (38 Stat.
730; chapter 323; 15 U.S.C. 12 et seq.; 18 U.S.C. 402,
660, 3285, 3691; 29 U.S.C. 52, 53);
``(D) the Act of June 19, 1936, commonly known as
the Robinson-Patman Antidiscrimination Act (15 U.S.C.
13 et seq.); and
``(E) any State antitrust laws that would prohibit
the activities described in paragraph (1).''.
SEC. 3. RURAL MANAGED CARE COOPERATIVES.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) as amended by section 2 is further amended by adding at the end
thereof the following new section:
``SEC. 1710. RURAL MANAGED CARE COOPERATIVES.
``(a) Grants.--The Secretary, acting through the Health Resources
and Services Administration, may award competitive grants to eligible
entities to enable such entities to develop and administer cooperatives
in rural areas that will establish an effective case management and
reimbursement system designed to support the economic viability of
essential public or private health services, facilities, health care
systems and health care resources in such rural areas.
``(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a) an entity shall--
``(1) prepare and submit to the Secretary an application at
such time, in such form and containing such information as the
Secretary may require, including a description of the
cooperative that the entity intends to develop and operate
using grant funds; and
``(2) meet such other requirements as the Secretary
determines appropriate.
``(c) Cooperatives.--
``(1) In general.--Amounts provided under a grant awarded
under subsection (a) shall be used to establish and operate a
cooperative made up of all types of health care providers,
hospitals, primary access hospitals, other alternate rural
health care facilities, physicians, rural health clinics, rural
nurse practitioners and physician assistant practitioners,
public health departments and others located in, but not
restricted to, the rural areas to be served by the cooperative.
``(2) Board of directors.--A cooperative established under
paragraph (1) shall be administered by a board of directors
elected by the members of the cooperative, a majority of whom
shall represent rural providers from the local community and
include representatives from the local community. Such members
shall serve at the pleasure of such members.
``(3) Executive director.--The members of a cooperative
established under paragraph (1) shall elect an executive
director who shall serve as the chief operating officer of the
cooperative. The executive director shall be responsible for
conducting the day the day operation of the cooperative
including--
``(A) maintaining an accounting system for the
cooperative;
``(B) maintaining the business records of the
cooperative;
``(C) negotiating contracts with provider members
of the cooperative; and
``(D) coordinating the membership and programs of
the cooperative.
``(4) Reimbursements.--
``(A) Negotiations.--A cooperative established
under paragraph (1) shall facilitate negotiations among
member health care providers and third party payors
concerning the rates at which such providers will be
reimbursed for services provided to individuals for
which such payors may be liable.
``(B) Agreements.--Agreements reached under
subparagraph (A) shall be binding on the members of the
cooperative.
``(C) Employers.--Employer entities may become
members of a cooperative established under paragraph
(a) in order to provide, through a member third party
payor, health insurance coverage for its employees.
Deductibles shall only be charged to employees covered
under such insurance if such employees receive health
care services from a provider that is not a member of
the cooperative if similar services would have been
available from a member provider.
``(D) Malpractice insurance.--A cooperative
established under subsection (a) shall be responsible
for identifying and implementing an affordable
malpractice insurance program that shall include a
requirement that such cooperative assume responsibility
for the payment of a portion of the malpractice
insurance premium of providers members.
``(5) Managed care and practice standards.--A cooperative
established under paragraph (1) shall establish joint case
management and patient care practice standards programs that
health care providers that are members of such cooperative must
meet to be eligible to participate in agreements entered into
under paragraph (4). Such standards shall be developed by such
provider members and shall be subject to the approval of a
majority of the board of directors. Such programs shall include
cost and quality of care guidelines including a requirement
that such providers make available preadmission screening,
selective case management services, joint patient care practice
standards development and compliance and joint utilization
review.
``(6) Confidentiality.--
``(A) In general.--Patients records, records of
peer review, utilization review, and quality assurance
proceedings conducted by the cooperative should be
considered confidential and protected from release
outside of the cooperative. The provider members of the
cooperative shall be indemnified by the cooperative for
the good faith participation by such members in such
the required activities.
``(B) Quality data.--Notwithstanding any other
provision of law, quality data obtained by a hospital
or other member of a cooperative in the normal course
of the operations of the hospital or member shall be
immune from discovery regardless of whether such data
is used for purposes other than peer review or is
disclosed to other members of the cooperative involved.
``(d) Linkages.--A cooperative shall create linkages among member
health care providers, employers, and payors for the joint consultation
and formulation of the types, rates, costs, and quality of health care
provided in rural areas served by the cooperative.
``(e) Matching Requirement.--An entity that receives a grant under
subsection (a) shall make available (directly or through donations from
public or private entities), non-Federal contributions towards the
costs of the operations of the network in an amount equal to the amount
of the grant.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $15,000,000 for each of the
fiscal years 1994 through 1997.
``(g) Relation to Other Laws.--
``(1) In general.--Notwithstanding any provision of the
antitrust laws, it shall not be considered a violation of the
antitrust laws for entities to develop and operate cooperatives
in accordance with this section.
``(2) Definition.--For purposes of this subsection, the
term `antitrust laws' means--
``(A) the Act entitled `An Act to protect trade and
commerce against unlawful restraints and monopolies',
approved July 2, 1890, commonly known as the `Sherman
Act' (26 Stat. 209; chapter 647; 15 U.S.C. 1 et seq.);
``(B) the Federal Trade Commission Act, approved
September 26, 1914 (38 Stat. 717; chapter 311; 15
U.S.C. 41 et seq.);
``(C) the Act entitled `An Act to supplement
existing laws against unlawful restraints and
monopolies, and for other purposes', approved October
15, 1914, commonly known as the `Clayton Act' (38 Stat.
730; chapter 323; 15 U.S.C. 12 et seq.; 18 U.S.C. 402,
660, 3285, 3691; 29 U.S.C. 52, 53);
``(D) the Act of June 19, 1936, commonly known as
the Robinson-Patman Antidiscrimination Act (15 U.S.C.
13 et seq.); and
``(E) any State antitrust laws that would prohibit
the activities described in paragraph (1).''.
SEC. 4. RURAL MENTAL HEALTH OUTREACH GRANTS.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290cc-11 et seq.) is amended by adding at the end thereof the
following new section:
``SEC. 520C. RURAL MENTAL HEALTH OUTREACH GRANTS.
``(a) In General.--The Secretary may award competitive grants to
eligible entities to enable such entities to develop and implement a
plan for mental health outreach programs in rural areas.
``(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a) an entity shall--
``(1) prepare and submit to the Secretary an application at
such time, in such form and containing such information as the
Secretary may require, including a description of the
activities that the entity intends to undertake using grant
funds; and
``(2) meet such other requirements as the Secretary
determines appropriate.
``(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applications that place emphasis on
mental health services for the elderly or children. Priority shall also
be given to applications that involve relationships between the
applicant and rural managed care cooperatives.
``(d) Matching Requirement.--An entity that receives a grant under
subsection (a) shall make available (directly or through donations from
public or private entities), non-Federal contributions toward the costs
of the operations of the network in an amount equal to the amount of
the grant.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $5,000,000 for each of the
fiscal years 1994 through 1997.''.
SEC. 5. AREA HEALTH EDUCATION CENTERS.
(a) Section 746(a) of the Public Health Service Act (42 U.S.C.
293j(a)) is amended by adding at the end thereof the following new
paragraph:
``(4) Stipends.--
``(A) The Secretary make award grants under this
section to rural communities to enable such communities
to provide stipends to physicians, nurses, nurse
practitioners, physician assistants, and other health
professional trainees to encourage such individuals to
provide health care services in such rural communities.
In addition, the Secretary may award grants under this
section to rural communities to enable such communities
to provide stipends to physicians, nurses, nurse
practitioners, physician assistants, and other health
professionals that are practicing in rural areas to
retain such individuals in such areas.
``(B) A community that receives a grant under
subparagraph (A) shall make available (directly or
through donations from public or private entities),
non-Federal contributions toward the costs of the
operations of the network in an amount equal to the
amount of the grant.''.
(b) Reauthorization.--Section 746(i)(1)(A) of such Act (42 U.S.C.
293j(i)(1)(A)) is amended by striking out ``$25,000,000'' and all that
follows through ``1995'' and inserting in lieu thereof ``$25,000,000
for fiscal year 1993, and $42,000,000 for each of the fiscal years 1994
through 1997''. | Rural Health Innovation Demonstration Act of 1993 - Amends the Public Health Service Act to authorize competitive grants for the development of networks among rural and urban health care providers to preserve and share health care resources and enhance the quality and availability of health care in rural areas. Allows the networks to be statewide or regional. Specifies the services for which grant amounts must be used. Authorizes appropriations.
Authorizes competitive grants to develop and administer cooperatives in rural areas that will establish an effective case management and reimbursement system designed to support the economic viability of essential public or private health services, facilities, health care systems, and health care resources. Involves the cooperative in matters such as third party reimbursement, employee health insurance, malpractice insurance, and managed care and practice standards. Authorizes appropriations.
Authorizes competitive grants to develop and implement a plan for mental health outreach programs in rural areas. Authorizes appropriations.
Authorizes grants to enable rural communities to provide stipends to physicians, nurses, physician assistants, and other health professional trainees to: (1) encourage such individuals to provide health care services in such communities; and (2) encourage such individuals who are already practicing in such communities to stay in such areas.
Authorizes appropriations to carry out provisions relating to area health education centers. | {"src": "billsum_train", "title": "Rural Health Innovation Demonstration Act of 1993"} | 3,708 | 283 | 0.622349 | 1.631622 | 0.98551 | 4.625498 | 13.390438 | 0.880478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cloning Prohibition Act of 2003''.
SEC. 2. PROHIBITION AGAINST HUMAN CLONING.
(a) In General.--The Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) is amended by adding at the end the following:
``CHAPTER X--HUMAN CLONING
``prohibition against human cloning
``Sec. 1001. (a) Nuclear Transfer Technology.--
``(1) In general.--It shall be unlawful for any person--
``(A) to use or attempt to use human somatic cell
nuclear transfer technology, or the product of such
technology, to initiate a pregnancy or with the intent
to initiate a pregnancy; or
``(B) to ship, mail, transport, or receive the
product of such technology knowing that the product is
intended to be used to initiate a pregnancy.
``(2) Definition.--For purposes of this section, the term
`human somatic cell nuclear transfer technology' means
transferring the nuclear material of a human somatic cell into
an egg cell from which the nuclear material has been removed or
rendered inert.
``(b) Rule of Construction.--This section may not be construed as
applying to any of the following:
``(1) The use of somatic cell nuclear transfer technology
to clone molecules, DNA, cells, or tissues.
``(2) The use of mitochondrial, cytoplasmic, or gene
therapy.
``(3) The use of in vitro fertilization, the administration
of fertility-enhancing drugs, or the use of other medical
procedures (excluding those using human somatic cell nuclear
transfer or the product thereof) to assist a woman in becoming
or remaining pregnant.
``(4) The use of somatic cell nuclear transfer technology
to clone or otherwise create animals other than humans.
``(5) Any other activity (including biomedical,
microbiological, or agricultural research or practices) not
expressly prohibited in subsection (a).
``(c) Registration.--
``(1) In general.--Each individual who intends to perform
human somatic cell nuclear transfer technology shall, prior to
first performing such technology, register with the Secretary
his or her name and place of business (except that, in the case
of an individual who performed such technology before the date
of the enactment of the Cloning Prohibition Act of 2003, the
individual shall so register not later than 60 days after such
date). The Secretary may by regulation require that the
registration provide additional information regarding the
identity and business locations of the individual, and
information on the training and experience of the individual
regarding the performance of such technology.
``(2) Attestation by researcher.--A registration under
paragraph (1) shall include a statement, signed by the
individual submitting the registration, declaring that the
individual is aware of the prohibitions described in subsection
(a) and will not engage in any violation of such subsection.
``(3) Confidentiality.--Information provided in a
registration under paragraph (1) shall not be disclosed to the
public by the Secretary except to the extent that--
``(A) the individual submitting the registration
has in writing authorized the disclosure; or
``(B) the disclosure does not identify such
individual or any place of business of the individual.
``(d) Applicability of Human Subject Protection Standards.--
``(1) In general.--Research involving human somatic cell
nuclear transfer technology shall be conducted in accordance
with parts 50 and 56 of title 21, Code of Federal Regulations,
subject to paragraph (2). Individuals whose cells are used for
such research shall be considered human subjects for purposes
of such parts.
``(2) Informed consent.--
``(A) Donor of human cells.--In research involving
human somatic cell nuclear transfer technology, human
cells may be used only if, in addition to requirements
that apply under parts 50 and 56 of title 21, Code of
Federal Regulations, the individual who provides the
cells makes a statement in writing, which is signed by
the individual, declaring that--
``(i) the individual donates the cells for
purposes of such research;
``(ii) the individual understands that
Federal law regulates such technology and
establishes a crime relating to the use of the
technology to initiate a pregnancy; and
``(iii) the individual does not intend for
the cells to be used to initiate a pregnancy.
``(B) Attestation by researchers.--In research
involving human somatic cell nuclear transfer
technology, human cells may be used only if, in
addition to requirements that apply under parts 50 and
56 of title 21, Code of Federal Regulations, the
individual with the principal responsibility for
conducting the research makes a statement in writing,
which is signed by the individual, declaring that the
consent of the donor of the cells for the cells to be
used in such research was obtained in accordance with
this subsection.
``(e) Preemption of State Law.--This section supersedes any State
or local law that--
``(1) establishes prohibitions, requirements, or
authorizations regarding human somatic cell nuclear transfer
technology that are different than, or in addition to, those
established in subsection (a) or (c); or
``(2) with respect to humans, prohibits or restricts
research regarding or practices constituting--
``(A) somatic cell nuclear transfer;
``(B) mitochondrial or cytoplasmic therapy; or
``(C) the cloning of molecules, DNA, cells,
tissues, or organs;
except that this subsection does not apply to any State or local law
that was in effect as of the day before the date of the enactment of
the Cloning Prohibition Act of 2003.
``(f) Right of Action.--This section may not be construed as
establishing any private right of action.
``(g) Definition.--For purposes of this section, the term `person'
includes governmental entities.
``(h) Sunset.--This section and section 301(hh) do not apply to
any activity described in subsection (a) that occurs on or after the
expiration of the 10-year period beginning on the date of the enactment
of the Cloning Prohibition Act of 2003.''.
(b) Prohibited Acts.--
(1) In general.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end
the following:
``(hh) The violation of section 1001(a), or the failure to register
in accordance with section 1001(c).''.
(2) Criminal penalty.--Section 303(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by adding
at the end the following:
``(7) Notwithstanding subsection (a), any person who violates
section 301(hh) shall be imprisoned not more than 10 years or fined in
accordance with title 18, United States Code, or both.''.
(3) Civil penalties.--Section 303 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at
the end the following:
``(h)(1) Any person who violates section 301(hh) or section 1001(d)
shall be liable to the United States for a civil penalty in an amount
not to exceed the greater of--
``(A) $10,000,000; or
``(B) an amount equal to the amount of any gross pecuniary
gain derived from such violation multiplied by 2.
``(2) Paragraphs (3) through (5) of subsection (g) apply with
respect to a civil penalty under this subsection to the same extent and
in the same manner as such paragraphs (3) through (5) apply with
respect to a civil penalty under subsection (g).''.
(4) Forfeiture.--Section 303 of the Federal Food, Drug, and
Cosmetic Act, as amended by paragraph (3), is amended by adding
at the end the following:
``(i) Any property, real or personal, derived from or used to
commit a violation of section 301(hh), or any property traceable to
such property, shall be subject to forfeiture to the United States.''.
SEC. 3. STUDY BY INSTITUTE OF MEDICINE.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall request the
Institute of Medicine to enter into an agreement with the Secretary
under which such Institute conducts a study to--
(1) review the current state of knowledge about the
biological properties of stem cells obtained from embryos,
fetal tissues, and adult tissues;
(2) evaluate the current state of knowledge about
biological differences among stem cells obtained from embryos,
fetal tissues, and adult tissues and the consequences for
research and medicine; and
(3) assess what is currently known about the ability of
stem cells to generate neurons, heart, kidney, blood, liver and
other tissues and the potential clinical uses of these tissues.
(b) Other Entities.--If the Institute of Medicine declines to
conduct the study described in subsection (a), the Secretary shall
enter into an agreement with another appropriate public or nonprofit
private entity to conduct the study.
(c) Report.--The Secretary shall ensure that, not later than three
years after the date of the enactment of this Act, the study required
in subsection (a) is completed and a report describing the findings
made in the study is submitted to the Committee on Energy and Commerce
in the House of Representatives and the Committee on Health, Education,
Labor, and Pensions in the Senate. | Cloning Prohibition Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit any person (including governmental entities) from: (1) using or attempting to use human somatic cell nuclear transfer technology to initiate a pregnancy; or (2) shipping, mailing, transporting, or receiving such product knowing that it is intended for such use. Precludes from such prohibition the use of somatic cell transfer technology to clone molecules, DNA, cells, tissues, or animals.Sets forth registration requirements for individuals who intend to perform human somatic cell nuclear transfer technology.Requires that research involving human somatic nuclear transfer technology be conducted in accordance with Federal standards governing the protection of human subjects. Considers individuals whose cells are used for such research to be human subjects. Requires the individual who provides the cells and the individual with the principal responsibility for conducting the research to submit signed statements that the individual donates the cells for and consents to such research.Directs the Secretary of Health and Human Services to request the Institute of Medicine to enter into an agreement to conduct a study to review the current state of knowledge about: (1) the biological properties of stem cells obtained from embryos and fetal and adult tissues; (2) biological differences among such cells and the consequences for research and medicine; and (3) the ability of stem cells to generate neurons, heart, kidney, blood, liver, and other tissues and the potential clinical uses of these tissues. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act with respect to the cloning of humans, and for other purposes."} | 2,183 | 311 | 0.688495 | 2.038239 | 0.886739 | 4.252669 | 7.145907 | 0.928826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death Tax Repeal Act''.
SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES.
(a) Estate Tax Repeal.--
(1) In general.--Subchapter C of chapter 11 of subtitle B
of the Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
``SEC. 2210. TERMINATION.
``(a) In General.--Except as provided in subsection (b), this
chapter shall not apply to the estates of decedents dying on or after
the date of the enactment of the Death Tax Repeal Act.
``(b) Certain Distributions From Qualified Domestic Trusts.--In
applying section 2056A with respect to the surviving spouse of a
decedent dying before the date of the enactment of the Death Tax Repeal
Act--
``(1) section 2056A(b)(1)(A) shall not apply to
distributions made after the 10-year period beginning on such
date, and
``(2) section 2056A(b)(1)(B) shall not apply on or after
such date.''.
(2) Clerical amendment.--The table of sections for
subchapter C of chapter 11 of the Internal Revenue Code of 1986
is amended by adding at the end the following new item:
``Sec. 2210. Termination.''.
(b) Generation-Skipping Transfer Tax Repeal.--
(1) In general.--Subchapter G of chapter 13 of subtitle B
of such Code is amended by adding at the end the following new
section:
``SEC. 2664. TERMINATION.
``This chapter shall not apply to generation-skipping transfers on
or after the date of the enactment of the Death Tax Repeal Act.''.
(2) Clerical amendment.--The table of sections for
subchapter G of chapter 13 of such Code is amended by adding at
the end the following new item:
``Sec. 2664. Termination.''.
(c) Conforming Amendments Related to Gift Tax.--
(1) Computation of gift tax.--Subsection (a) of section
2502 of the Internal Revenue Code of 1986 is amended to read as
follows:
``(a) Computation of Tax.--
``(1) In general.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to the excess of--
``(A) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for such
calendar year and for each of the preceding calendar
periods, over
``(B) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for each
of the preceding calendar periods.
``(2) Rate schedule.--
``If the amount with respect
to which the tentative tax
to be computed is: The tentative tax is:
Not over $10,000...............
18% of such amount.
Over $10,000 but not over
$20,000.
$1,800, plus 20% of the excess
over $10,000.
Over $20,000 but not over
$40,000.
$3,800, plus 22% of the excess
over $20,000.
Over $40,000 but not over
$60,000.
$8,200, plus 24% of the excess
over $40,000.
Over $60,000 but not over
$80,000.
$13,000, plus 26% of the excess
over $60,000.
Over $80,000 but not over
$100,000.
$18,200, plus 28% of the excess
over $80,000.
Over $100,000 but not over
$150,000.
$23,800, plus 30% of the excess
over $100,000.
Over $150,000 but not over
$250,000.
$38,800, plus 32% of the excess
of $150,000.
Over $250,000 but not over
$500,000.
$70,800, plus 34% of the excess
over $250,000.
Over $500,000..................
$155,800, plus 35% of the
excess of $500,000.''.
(2) Lifetime gift exemption.--
(A) In general.--Paragraph (1) of section 2505(a)
of the Internal Revenue Code of 1986 is amended to read
as follows:
``(1) the amount of the tentative tax which would be
determined under the rate schedule set forth in section
2502(a)(2) if the amount with respect to which such tentative
tax is to be computed were $10,000,000, reduced by''.
(B) Inflation adjustment.--Section 2505 of such
Code is amended by adding at the end the following new
subsection:
``(d) Inflation Adjustment.--
``(1) In general.--In the case of any calendar year after
2011, the dollar amount in subsection (a)(1) shall be increased
by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 2010' for `calendar year
2016' in subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000.''.
(3) Other conforming amendments related to gift tax.--
(A) The heading for section 2505 of such Code is
amended by striking ``unified''.
(B) The item in the table of sections for
subchapter A of chapter 12 of such Code relating to
section 2505 is amended to read as follows:
``Sec. 2505. Credit against gift tax.''.
(C) Section 2801(a)(1) of such Code is amended by
striking ``section 2001(c) as in effect on the date of
such receipt'' and inserting ``section 2502(a)(2)''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, on or after the date of the enactment of this Act.
(e) Transition Rule.--
(1) In general.--For purposes of applying sections 1015(d),
2502, and 2505 of the Internal Revenue Code of 1986, the
calendar year in which this Act is enacted shall be treated as
two separate calendar years one of which ends on the day before
the date of the enactment of this Act and the other of which
begins on such date of enactment.
(2) Application of section 2504(b).--For purposes of
applying section 2504(b) of the Internal Revenue Code of 1986,
the calendar year in which this Act is enacted shall be treated
as one preceding calendar period. | Death Tax Repeal Act This bill amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make conforming amendments related to the gift tax. | {"src": "billsum_train", "title": "Death Tax Repeal Act"} | 1,489 | 42 | 0.570799 | 1.21988 | 1.229393 | 3.435897 | 34.846154 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marketplace and Internet Tax
Fairness Act''.
TITLE I--MARKETPLACE FAIRNESS
SEC. 101. 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). Subject
to section 102(h), a State may exercise authority under this title
beginning 180 days after the State publishes notice of the State's
intent to exercise the authority under this title.
(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). Subject to section
102(h), 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 title--
(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
title shall not apply; and
(2) implements each of the following minimum simplification
requirements:
(A) Provide, with respect to all remote sales
sourced to the State--
(i) a single entity within the State
responsible for all State and local sales and
use tax administration, return processing, and
audits;
(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 title. 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 with respect to products and services to which
paragraph (1)(B) does not apply.
(C) Source all remote sales in compliance with the
sourcing definition set forth in section 103(7).
(D)(i) Make publicly available 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) Provide 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 any rate changes and any changes to
the products and services specified under paragraph
(1)(B), as described in subparagraph (H); and
(iii) Establish certification procedures for
persons to be approved as certified software providers,
with any software provided by such providers to be
capable of calculating and filing sales and use taxes
in all States qualified under this title.
(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 any rate change or any
change to the products and services specified under
paragraph (1)(B) 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 title 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. 102. LIMITATIONS.
(a) In General.--Nothing in this title 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 title 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 title 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 title
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 title 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 title
shall apply only to remote sales and shall not apply to intrastate
sales or intrastate sourcing rules. States granted authority under
section 101(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 title shall be construed as altering in any manner or
preempting the Mobile Telecommunications Sourcing Act (4 U.S.C. 116-
126).
(h) Limitation on Initial Collection of Sales and Use Taxes From
Remote Sales.--A State may not begin to exercise the authority under
this title--
(1) before the date that is 1 year after the date of the
enactment of this Act; and
(2) during the period beginning October 1 and ending on
December 31 of the first calendar year beginning after the date
of the enactment of this Act.
SEC. 103. DEFINITIONS AND SPECIAL RULES.
In this title:
(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 101(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 title.
(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 101(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 101(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. 104. SEVERABILITY.
If any provision of this title or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this title and the application of the provisions of such
to any person or circumstance shall not be affected thereby.
SEC. 105. PREEMPTION.
Except as otherwise provided in this title, this title 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.
TITLE II--INTERNET TAX FREEDOM ACT
SEC. 201. EXTENSION OF INTERNET TAX FREEDOM ACT.
(a) In General.--Section 1101(a) of the Internet Tax Freedom Act
(47 U.S.C. 151 note) is amended by striking ``November 1, 2014'' and
inserting ``November 1, 2024''.
(b) Grandfathering of States That Tax Internet Access.--Section
1104(a)(2)(A) of such Act is amended by striking ``November 1, 2014''
and inserting ``November 1, 2024''. | Marketplace and Internet Tax Fairness Act - Authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002) to require all sellers not qualifying for a small-seller exception (applicable to sellers with annual gross receipts in total U.S. remote sales not exceeding $1 million) to collect and remit sales and use taxes with respect to remote sales under provisions of that Agreement, but only if changes to such Agreement made after the enactment of this Act are not in conflict with the minimum simplification requirements of this Act (providing for a single state entity for all tax administration, audits, and returns of remote sales sourced to the state). Defines "remote sale" as a 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. Amends the Internet Tax Freedom Act to extend until November 1, 2024: (1) the ban on state and local taxation of Internet access and on multiple or discriminatory taxes on electronic commerce, and (2) the exemption from such ban for states that generally imposed and actually enforced a tax on internet access prior to October 1, 1998. | {"src": "billsum_train", "title": "Marketplace and Internet Tax Fairness Act"} | 2,906 | 288 | 0.696897 | 2.166513 | 0.748462 | 3.796813 | 10.378486 | 0.896414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Enterprise Terrorism Act''.
SEC. 2. INCLUSION OF ECONOMIC DISRUPTION TO ANIMAL ENTERPRISES AND
THREATS OF DEATH AND SERIOUS BODILY INJURY TO ASSOCIATED
PERSONS.
(a) In General.--Section 43 of title 18, United States Code, is
amended to read as follows:
``Sec. 43. Force, violence, and threats involving animal enterprises
``(a) Offense.--Whoever travels in interstate or foreign commerce,
or uses or causes to be used the mail or any facility of interstate or
foreign commerce--
``(1) for the purpose of damaging or disrupting an animal
enterprise; and
``(2) in connection with such purpose--
``(A) intentionally damages, disrupts, or causes
the loss of any property (including animals or records)
used by the animal enterprise, or any property of a
person or entity having a connection to, relationship
with, or transactions with the animal enterprise;
``(B) intentionally places a person in reasonable
fear of the death of, or serious bodily injury to that
person, a member of the immediate family (as defined in
section 115) of that person, or a spouse or intimate
partner of that person by a course of conduct involving
threats, acts of vandalism, property damage, trespass,
harassment, or intimidation; or
``(C) conspires or attempts to do so;
shall be punished as provided for in subsection (b).
``(b) Penalties.--
``(1) Economic damage.--Any person who, in the course of a
violation of subsection (a) causes economic damage not
exceeding $10,000 shall be fined under this title or imprisoned
not more than 1 year, or both.
``(2) Significant economic damage or economic disruption.--
Any person who, in the course of a violation of subsection (a),
causes economic damage or economic disruption exceeding $10,000
but not exceeding $100,000 shall be fined under this title or
imprisoned not more than 5 years, or both.
``(3) Major economic damage or economic disruption.--Any
person who, in the course of a violation of subsection (a),
causes economic damage or economic disruption exceeding
$100,000 shall be fined under this title or imprisoned not more
than 10 years, or both.
``(4) Significant bodily injury or threats.--Any person
who, in the course of a violation of subsection (a), causes
significant bodily injury to another individual or
intentionally instills in another the reasonable fear of death
or serious bodily injury shall be fined under this title or
imprisoned not more than 5 years, or both.
``(5) Serious bodily injury.--Any person who, in the course
of a violation of subsection (a), causes serious bodily injury
to another individual shall be fined under this title or
imprisoned not more than 20 years, or both.
``(6) Death.--Any person who, in the course of a violation
of subsection (a), causes the death of an individual shall be
fined under this title and shall be punished by death or
imprisoned for life or for any term of years.
``(7) Conspiracy and attempt.--Any person who conspires or
attempts to commit an offense under subsection (a) shall be
subject to the same penalties as those prescribed for the
substantive offense.
``(c) Restitution.--An order of restitution under section 3663 or
3663A of this title with respect to a violation of this section may
also include restitution--
``(1) for the reasonable cost of repeating any
experimentation that was interrupted or invalidated as a result
of the offense;
``(2) the loss of food production or farm income reasonably
attributable to the offense; and
``(3) for any other economic damage, including any losses
or costs caused by economic disruption, resulting from the
offense.
``(d) Definitions.--As used in this section--
``(1) the term `animal enterprise' means--
``(A) a commercial or academic enterprise that uses
or sells animals or animal products for profit, food or
fiber production, agriculture, research, or testing;
``(B) a zoo, aquarium, animal shelter, pet store,
breeder, furrier, circus, or rodeo, or other lawful
competitive animal event; or
``(C) any fair or similar event intended to advance
agricultural arts and sciences;
``(2) the term `course of conduct' means a pattern of
conduct composed of 2 or more acts, evidencing a continuity of
purpose;
``(3) the term `economic damage' means the replacement
costs of lost or damaged property or records, the costs of
repeating an interrupted or invalidated experiment, or the loss
of profits;
``(4) the term `economic disruption'--
``(A) means losses and increased costs that
individually or collectively exceed $10,000, including
losses and increased costs resulting from threats, acts
of vandalism, property damage, trespass, harassment or
intimidation taken against a person or entity on
account of that person's or entity's connection to,
relationship with, or transactions with the animal
enterprise; and
``(B) does not include any lawful economic
disruption that results from lawful public,
governmental, or business reaction to the disclosure of
information about an animal enterprise;
``(5) the term `serious bodily injury' means--
``(A) injury posing a substantial risk of death;
``(B) extreme physical pain;
``(C) protracted and obvious disfigurement; or
``(D) protracted loss or impairment of the function
of a bodily member, organ, or mental faculty; and
``(6) the term `significant bodily injury' means--
``(A) deep cuts and serious burns or abrasions;
``(B) short-term or nonobvious disfigurement;
``(C) fractured or dislocated bones, or torn
members of the body;
``(D) significant physical pain;
``(E) illness;
``(F) short-term loss or impairment of the function
of a bodily member, organ, or mental faculty; or
``(G) any other significant injury to the body.
``(e) Non-Preemption.--Nothing in this section preempts any State
law.''.
(b) Conforming Amendment.--Section 2516(1)(c) of title 18, United
States Code, is amended by inserting ``section 43 (force, violence and
threats involving animal enterprises),'' before ``section 201 (bribery
of public officials and witnesses)''. | Animal Enterprise Terrorism Act - Rewrites federal criminal code provisions regarding animal enterprise terrorism to prohibit anyone from traveling in, or using the mail or any facility of, interstate or foreign commerce for the purpose of damaging or disrupting an animal enterprise and, in connection with such purpose: (1) intentionally damaging, disrupting, or causing the loss of property used by or owned in connection with such enterprise; (2) intentionally placing a person in reasonable fear of death or serious bodily injury to that person or a family member through threats, vandalism, property damage, trespass, harassment, or intimidation; or (3) conspiring or attempting to do so. Prescribes escalating penalties.
Authorizes restitution for: (1) the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of such offense; (2) the loss of food production or farm income reasonably attributable to such offense; and (3) any other economic damage, including any losses or costs caused by economic disruption, resulting from such offense. | {"src": "billsum_train", "title": "A bill to provide the Department of Justice the necessary authority to apprehend, prosecute, and convict individuals committing animal enterprise terror."} | 1,529 | 223 | 0.665887 | 1.964572 | 0.925223 | 4.472081 | 7.116751 | 0.908629 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stolen Identity Refund Fraud
Prevention Act of 2017''.
SEC. 2. CENTRALIZED POINT OF CONTACT FOR IDENTITY THEFT VICTIMS.
The Secretary of the Treasury, or the Secretary's delegate, shall
establish and maintain an office at the Internal Revenue Service and
procedures to ensure that any taxpayer whose return has been delayed or
otherwise adversely affected due to the theft of the taxpayer's
identity has a centralized point of contact throughout the processing
of his or her case. The office shall coordinate with other offices
within the Internal Revenue Service to resolve the taxpayer's case as
quickly as possible.
SEC. 3. TAXPAYER NOTIFICATION OF SUSPECTED IDENTITY THEFT.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT.
``If the Secretary determines that there was an unauthorized use of
the identity of any taxpayer, the Secretary shall--
``(1) as soon as practicable and without jeopardizing an
investigation relating to tax administration, notify the
taxpayer and include with that notice--
``(A) instructions to the taxpayer about filing a
police report; and
``(B) the forms the taxpayer must submit to allow
investigating law enforcement officials to access the
taxpayer's personal information; and
``(2) if any person is criminally charged by indictment or
information relating to such unauthorized use, notify such
taxpayer as soon as practicable of such charge.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7529. Notification of suspected identity theft.''.
(c) Effective Date.--The amendments made by this section shall
apply to determinations made after the date of the enactment of this
Act.
SEC. 4. REPORT ON ELECTRONIC FILING OPT OUT.
The Secretary of the Treasury (or the Secretary's delegate) shall
submit a feasibility study to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
describing a program under which a person who has filed an identity
theft affidavit with the Secretary may elect to prevent the processing
of any Federal tax return submitted in an electronic format by that
taxpayer or a person purporting to be that taxpayer. The study shall be
submitted within 180 days after the date of the enactment of this Act
and should also include a recommendation on whether to implement such a
program.
SEC. 5. USE OF INFORMATION IN DO NOT PAY INITIATIVE IN PREVENTION OF
IDENTITY THEFT REFUND FRAUD.
The Secretary of the Treasury, and the Secretary's delegate, shall
use the information available under the Do Not Pay Initiative
established under section 5 of the Improper Payments Elimination and
Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) to help prevent
identity theft refund fraud.
SEC. 6. REPEAL OF PROVISION REGARDING CERTAIN TAX COMPLIANCE PROCEDURES
AND REPORTS.
Section 2004 of the Internal Revenue Service Restructuring and
Reform Act of 1998 (26 U.S.C. 6012 note) is repealed.
SEC. 7. REPORT ON IDENTITY THEFT REFUND FRAUD.
(a) In General.--Not later than September 30, 2018, and biannually
thereafter through September 30, 2023, the Secretary of the Treasury
(or the Secretary's delegate) shall report to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate on the extent and nature of fraud involving the use of a
misappropriated taxpayer identity with respect to claims for refund
under the Internal Revenue Code of 1986 during the preceding completed
income tax filing season, and the detection, prevention, and
enforcement activities undertaken by the Internal Revenue Service with
respect to such fraud, including--
(1) detailing efforts to combat identity theft fraud,
including an update on the victims' assistance unit;
(2) information on both the average and maximum amounts of
time that elapsed before the cases of victims of such fraud
were resolved; and
(3) discussing Internal Revenue Service efforts associated
with other avenues for addressing identity theft refund fraud.
(b) Additional Requirements.--In addition, each report shall
provide an update on the implementation of this Act and identify the
need for any further legislation to protect taxpayer identities.
(c) Progress on Outreach and Education.--In the first biannual
report on identity theft refund fraud under subsection (a), the
Secretary (or the Secretary's delegate) shall include--
(1) an assessment of the agency's progress on identity
theft outreach and education to the private sector, State
agencies, and external organizations; and
(2) the results of a feasibility study on the costs and
benefits to enhancing its taxpayer authentication approach to
the electronic tax return filing process.
SEC. 8. INFORMATION SHARING AND ANALYSIS CENTER.
(a) In General.--The Secretary (or the Secretary's delegate) shall
establish an information sharing and analysis center to centralize,
standardize, and enhance data compilation and analysis to facilitate
sharing actionable data and information with respect to identity theft.
(b) Report.--Not later than 1 year after establishment of the
information sharing and analysis center, the Secretary (or the
Secretary's delegate) shall submit a report to the Committee on Ways
and Means of the House of Representatives and Committee on Finance of
the Senate on the information sharing and analysis center described in
subsection (a). The report shall include the data that was shared, the
use of such data, and the results of the data sharing and analysis
center in combating identity theft.
SEC. 9. LOCAL LAW ENFORCEMENT LIAISON.
(a) Establishment.--The Commissioner of Internal Revenue shall
establish within the Criminal Investigation Division of the Internal
Revenue Service the position of Local Law Enforcement Liaison.
(b) Duties.--The Local Law Enforcement Liaison shall serve as the
primary source of contact for State and local law enforcement
authorities with respect to tax-related identity theft, having duties
that shall include--
(1) receiving information from State and local law
enforcement authorities;
(2) responding to inquiries from State and local law
enforcement authorities;
(3) administering authorized information-sharing
initiatives with State or local law enforcement authorities and
reviewing the performance of such initiatives;
(4) ensuring any information provided through authorized
information-sharing initiatives with State or local law
enforcement authorities is used only for the prosecution of
identity theft-related crimes and not re-disclosed to third
parties; and
(5) such other duties relating to tax-related identity
theft prevention as are delegated by the Commissioner of
Internal Revenue.
SEC. 10. IRS PHONE SCAM REPORT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General for Tax Administration, in
consultation with the Federal Communications Commission and the Federal
Trade Commission, shall submit a report to Congress regarding identity
theft phone scams under which individuals attempt to obtain personal
information over the phone from taxpayers by falsely claiming to be
calling from or on behalf the Internal Revenue Service.
(b) Contents of Report.--Such report shall include--
(1) a description of the nature and form of such scams;
(2) an estimate of the number of taxpayers contacted
pursuant to, and the number of taxpayers who have been victims
of, such scams;
(3) an estimate of the amount of wrongful payments obtained
from such scams; and
(4) details of potential solutions to combat and prevent
such scams, including best practices from the private sector
and technological solutions.
SEC. 11. PROVIDING IDENTITY THEFT PREVENTION INFORMATION WHILE ON HOLD
WITH INTERNAL REVENUE SERVICE.
The Secretary of the Treasury, or the Secretary's delegate, shall
ensure that if a taxpayer is on hold with the Internal Revenue Service
on a taxpayer service telephone call the following information is
provided:
(1) Basic information about common identity theft tax
scams.
(2) Directions on where to report such activity.
(3) Tips on how to protect against identity theft tax
scams.
SEC. 12. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized. | Stolen Identity Refund Fraud Prevention Act of 2017 This bill amends the Internal Revenue Code to require the Department of the Treasury and the Internal Revenue Service (IRS) to take several actions to prevent and respond to tax-related identity theft and tax fraud. Treasury or the IRS must: establish a centralized point of contact for identify theft victims; provide notifications, instructions, and forms to suspected victims of identity theft; provide various reports to Congress regarding identity theft, tax refund fraud, and related prevention programs; use information available from the Do Not Pay Initiative established by the Improper Payments Elimination and Recovery Improvement Act of 2012 to help prevent identity theft tax refund fraud; establish an information sharing and analysis center to centralize, standardize, and enhance data compilation and analysis to facilitate sharing actionable data and information with respect to identity theft; establish within the IRS Criminal Investigation Division the position of Local Law Enforcement Liaison to interact with state and local law enforcement authorities with respect to tax-related identity theft; and provide specified identity theft prevention information to taxpayers who are on hold during a taxpayer service telephone call. The Inspector General for Tax Administration must report to Congress regarding identity theft phone scams under which individuals attempt to obtain personal information over the phone from taxpayers by falsely claiming to be calling from or on behalf of the IRS. No additional funds are authorized to carry out this bill. | {"src": "billsum_train", "title": "Stolen Identity Refund Fraud Prevention Act of 2017"} | 1,896 | 286 | 0.549103 | 1.514954 | 0.777494 | 4.496324 | 6.319853 | 0.915441 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Addiction Free Treatment Act of
1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Heroin use in the United States continues to increase.
(2) Drug use among teenagers in the United States is
increasing and the number of teenagers that are using heroin
for the first time is higher than at any previous time in
history.
(3) Between 1992 and 1996 heroin use among college-age
students increased an estimated 10 percent.
(4) There are an estimated 810,000 chronic heroin users in
the United States, with an estimated 115,000 heroin addicts in
the United States currently participating in methadone
programs.
(5) Methadone is a synthetic opiate and the use of
methadone in the treatment of heroin addiction results in the
transfer of addiction from 1 narcotic to another.
(6) Methadone addicts attempting detoxification experience
the same difficult withdrawal process as would be experienced
with heroin detoxification.
(7) The Federal Government should adopt a zero-tolerance,
non-pharmacological policy that has as its defined objective
independence from drug addiction.
(8) The approach of the Federal Government should be to
address a range of human needs and conditions that contribute
to recidivism among recovering heroin addicts and that should
be designed to provide opportunities for former heroin addicts
to become drug-free, self-sufficient, productive members of
society.
SEC. 3. PROHIBITION ON THE USE OF MEDICAID FUNDS FOR CERTAIN METHADONE
MAINTENANCE PROGRAMS.
Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is
amended--
(1) in paragraph (18), by striking the period and inserting
``; or''; and
(2) by adding at the end the following:
``(19) with respect to any amount expended for any drug
treatment or rehabilitation program that utilizes methadone or
Levo-Alpha Acetyl-Methadol unless the program--
``(A) has as its primary objective the elimination
of drug addiction, including addiction to methadone or
Levo-Alpha Acetyl-Methadol;
``(B) has a specifically defined timetable (not to
exceed 6 months from the date of an individual's
enrollment as a patient in the program) for achieving
complete termination of methadone or Levo-Alpha Acetyl-
Methadol treatment; davis
``(C) conducts random and frequent comprehensive
drug testing for all narcotics;
``(D) provides documentation of the results of such
testing;
``(E) requires that patients who are participating
in the program be drug-free for the duration of their
methadone or Levo-Alpha Acetyl-Methadol treatment; and
``(F) terminates the methadone or Levo-Alpha
Acetyl-Methadol treatment of any patient who tests
positive for any other illegal narcotic during the
duration of their methadone or Levo-Alpha Acetyl-
Methadol treatment.''.
SEC. 4. PROHIBITION ON THE USE OF CERTAIN PUBLIC HEALTH SERVICE ACT
FUNDS FOR CERTAIN METHADONE MAINTENANCE PROGRAMS.
Section 501 of the Public Health Service Act (42 U.S.C. 290aa) is
amended by adding at the end the following:
``(n) Limitation.--Notwithstanding any other provision of law,
amounts appropriated under this title or title XIX and administered by
the Substance Abuse and Mental Health Services Administration may not
be expended for any drug treatment or rehabilitation program that
utilizes methadone or Levo-Alpha Acetyl-Methadol unless the program--
``(1) has as its primary objective the elimination of drug
addiction, including addiction to methadone or Levo-Alpha
Acetyl-Methadol;
``(2) has a specifically defined timetable (not to exceed 6
months from the date of an individual's enrollment as a patient
in the program) for achieving complete termination of methadone
or Levo-Alpha Acetyl-Methadol treatment;
``(3) conducts random and frequent comprehensive drug
testing for all narcotics;
``(4) provides documentation of the results of such
testing;
``(5) requires that patients who are participating in the
program be drug-free for the duration of their methadone or
Levo-Alpha Acetyl-Methadol treatment; and
``(6) terminates the methadone or Levo-Alpha Acetyl-
Methadol treatment of any patient who tests positive for any
other illegal narcotic during the duration of their methadone
or Levo-Alpha Acetyl-Methadol treatment.''.
SEC. 5. STUDY OF TREATMENT PROGRAMS.
Not later than 3 years after the date of enactment of this Act, the
Director of the National Institute of Drug Abuse shall have conducted
and completed a study concerning--
(1) the methods and effectiveness of nonpharmacological
heroin rehabilitation programs; and
(2) the methods and effectiveness of methadone-to-
abstinence programs.
SEC. 6. ANNUAL REPORT ON EFFECTIVENESS OF HEROIN REHABILITATION
PROGRAMS.
(a) In General.--Not later than January 1, 2000, and each January 1
thereafter, the Secretary of Health and Human Services acting through
the Center for Substance Abuse Treatment shall prepare and submit to
Congress a report concerning the effectiveness of heroin rehabilitation
programs. Each such report shall focus on both nonpharmacological and
methadone-to-abstinence based approaches to heroin rehabilitation.
(b) Termination.--The requirement under subsection (a) shall
terminate after the Secretary of Health and Human Services submits the
5th annual report under such subsection.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act apply to amounts expended on and
after the date that is 6 months after the date of enactment of this
Act. | Addiction Free Treatment Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act and the Public Health Service Act to prohibit the use of certain funds under such Acts for any drug treatment or rehabilitation program that uses methadone or Levo-Alpha Acetyl-Methadol (pharmacological heroin detoxification agents) unless the program follows specified guidelines, including that the program has as its primary objective the elimination of drug addiction (including addiction to the heroin detoxification agents mentioned above) and that it conducts random and frequent comprehensive drug testing for all narcotics.
Requires: (1) the Director of the National Institute of Drug Abuse to conduct a study regarding the effectiveness of non-pharmacological heroin rehabilitation programs and methadone-to-abstinence programs; and (2) the Secretary of Health and Human Services to submit annual reports to Congress over a five-year period on heroin rehabilitation program effectiveness. | {"src": "billsum_train", "title": "Addiction Free Treatment Act of 1999"} | 1,369 | 206 | 0.566343 | 1.547665 | 1.130236 | 3.723529 | 6.776471 | 0.888235 |
SECTION 1. WAGE DETERMINATION.
(a) Change in Minimum Wages.--Section 212(n)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to
read as follows:
``(A) The employer--
``(i) is offering and will offer during the period
of authorized employment to aliens admitted or provided
status as an H-1B nonimmigrant wages that are at
least--
``(I) the locally determined prevailing
wage level for the occupational classification
in the area of employment;
``(II) the median average wage for all
workers in the occupational classification in
the area of employment; or
``(III) the median wage for skill level two
in the occupational classification found in the
most recent Occupational Employment Statistics
survey;
whichever is greatest, based on the best information
available as of the time of filing of the application;
and
``(ii) will provide working conditions for such
nonimmigrant that will not adversely affect the working
conditions of workers similarly employed.''.
The wage determination methodology used under clause (i) shall
be submitted with the application.
(b) Provision of W-2 Forms.--Section 212(n)(1) of such Act (8
U.S.C. 1182(n)(1)) is amended by adding at the end the following new
subparagraph:
``(H) If the employer employed, in such previous period as
the Secretary shall specify, one or more H-1B nonimmigrants,
the application shall be accompanied by the Internal Revenue
Service Form W-2 Wage and Tax Statement filed by the employer
with respect to such nonimmigrants for such period.''.
SEC. 2. GOOD FAITH RECRUITMENT REQUIREMENT.
(a) Extending Time Period for No Displacement.--Section 212(n) of
the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended--
(1) in paragraph (1)(E)(i), by striking ``90 days'' and
inserting ``180 days'' each place it appears; and
(2) in paragraph (2)(C)(iii), in the matter before
subclause (I), by striking ``90 days'' and inserting ``180
days'' each place it appears .
(b) Requiring Active Requirement.--Section 212(n)(1)(G)(i)(I) of
such Act (8 U.S.C. 1182(n)(1)(G)(i)(I)) is amended by inserting
``actively'' before ``recruit''.
(c) Prohibition of Outplacement.--Section 212(n)(1)(F) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(F)) is amended to
read as follows:
``(F) An employer shall not place, out-source, lease, or
otherwise contract for the placement of an alien admitted or
provided status as an H-1B nonimmigrant with another employer,
regardless of whether or not such other employer is an H-1B-
dependent employer.''.
SEC. 3. LABOR ENFORCEMENT.
(a) Centralization of Administrative and Enforcement Functions.--
Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended by adding at the end the following new
subparagraph:
``(I) The Secretary shall be responsible under this paragraph for
investigations of wage complaints, as well as investigations of
allegations of fraud in the filing of applications under this
subsection.''.
(b) Audits.--Section 212(n)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)(A)) is amended by adding at the
end the following new sentences: ``In addition, the Secretary may
conduct surveys of the level of compliance by employers with the
provisions and requirements of this subsection and may conduct annual
compliance audits in the case of employers that employ H-1B
nonimmigrants. In the case of an employer that employs H-1B
nonimmigrants that represent 15 percent or more of the total number of
individuals employed by the employer, the Secretary shall conduct
annual compliance audits of such employer.''.
SEC. 4. MAKING H-1B NONIMMIGRANT PETITIONER FEE PERMANENT.
(a) In General.--Section 214(c)(9)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(9)(A)), in the matter immediately
preceding clause (i), is amended by striking ``October 1, 2003''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to petitions filed beginning on or after January 1 of the year
beginning after the date of the enactment of this Act.
SEC. 5. PRIVATE RIGHT OF ACTION.
Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended by adding at the end the following new
subparagraph:
``(I) In addition to any other remedies available under this
paragraph, a person who is harmed by a violation by an employer of a
requirement of this subsection may bring a civil action against the
employer in any court of competent jurisdiction for damages or other
appropriate relief.''. | Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations.
Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants.
Extends from 90 to 180 days the period during which certain employers of H-1B nonimmigrants must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from placing, outsourcing, leasing, or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent.
Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs.
Authorizes the Secretary to: (1) conduct surveys of employer compliance with labor condition requirements; and (2) conduct annual compliance audits of employers employing H-1B nonimmigrants. Requires annual compliance audits in cases where H-1B nonimmigrants comprise 15 percent or more of an employer's total number of employees.
Makes permanent the employer fee applicable to H-1B petitions.
Creates a private right of action for persons harmed by an employer's violation of labor condition requirements. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to provide greater protections to domestic and foreign workers under the H-1B nonimmigrant worker program."} | 1,241 | 343 | 0.543785 | 1.576078 | 0.821495 | 1.972763 | 3.766537 | 0.782101 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Stability Act of
2008''.
SEC. 2. REFUNDABLE TAX CREDIT FOR HEALTH INSURANCE COSTS OF INDIVIDUALS
WITH COBRA CONTINUATION COVERAGE BY REASON OF TERMINATION
OF EMPLOYMENT.
(a) In General.--Subpart C of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to refundable credits) is
amended by inserting after section 36 the following new section:
``SEC. 36A. HEALTH INSURANCE COSTS OF INDIVIDUALS WITH COBRA
CONTINUATION COVERAGE BY REASON OF TERMINATION OF
EMPLOYMENT.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle the
aggregate amount paid by the taxpayer for coverage of the taxpayer and
the taxpayer's qualifying family members under qualified COBRA
continuation coverage for eligible coverage months beginning in the
taxable year.
``(b) Limitations.--
``(1) In general.--The amount allowable as a credit under
subsection (a) for the taxable year shall not exceed the sum of
the monthly limitations for months during such taxable year
that the taxpayer is an eligible individual.
``(2) Monthly limitation.--The monthly limitation for any
month is the credit percentage of \1/12\ of $1,000 ($2,000 in
the case of a joint return).
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2009, each dollar
amount contained in paragraph (2) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2008' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50.
``(c) Eligible Coverage Month.--For purposes of this section--
``(1) In general.--The term `eligible coverage month'
means, with respect to any individual, any month if, as of the
first day of such month, the individual--
``(A) is covered by qualified health insurance,
``(B) does not have disqualifying coverage, and
``(C) is not imprisoned under Federal, State, or
local authority.
``(2) 12 month of coverage during any 14 month period.--A
month shall not be treated as an eligible coverage month with
respect to an individual if, during the 24-month period ending
with the last day of such month, the individual was an eligible
individual for 12 months in such period.
``(d) Qualifying Family Member.--For purposes of this section, the
term `qualifying family member' means--
``(1) in the case of a joint return, the taxpayer's spouse,
and
``(2) any dependent of the taxpayer.
``(e) Qualified COBRA Continuation Coverage.--
``(1) In general.--For purposes of this section, the term
`qualified COBRA continuation coverage' means any insurance
which is continuation coverage under paragraph (2) of section
4980B(f) by reason of the qualifying event specified in
paragraph (3)(B) of such section (relating to termination or
reduction of hours of employment).
``(2) Exception.--Such term does not include--
``(A) a flexible spending or similar arrangement,
and
``(B) insurance substantially all of the coverage
of which is of excepted benefits described in section
9832(c).
``(f) Disqualifying Coverage.--For purposes of this section, an
individual has disqualifying coverage for any month if, as of the first
day of such month--
``(1) Employer-provided coverage.--Such individual is
covered under any insurance which constitutes medical care
under any health plan maintained by any employer (or former
employer) of the taxpayer or the taxpayer's spouse if any
portion of the cost of such coverage (as so determined) is paid
or incurred by an employer (or former employer) of the taxpayer
or the taxpayer's spouse other than--
``(A) coverage described in subsection (e)(1), and
``(B) insurance substantially all of the coverage
of which is of excepted benefits described in section
9832(c)).
``(2) Certain state-based and group coverage.--Such
individual has coverage described in any of subparagraphs (B)
through (J) of section 35(e)(1).
``(3) Coverage under medicare, medicaid, or schip.--Such
individual--
``(A) is entitled to benefits under part A of title
XVIII of the Social Security Act or is enrolled under
part B of such title, or
``(B) is enrolled in the program under title XIX or
XXI of such Act (other than under section 1928 of such
Act).
``(4) Certain other coverage.--Such individual--
``(A) is enrolled in a health benefits plan under
chapter 89 of title 5, United States Code, or
``(B) is entitled to receive benefits under chapter
55 of title 10, United States Code.
``(g) Special Rules.--
``(1) Coordination with advance payments of credit;
recapture of excess advance payments.--With respect to any
taxable year--
``(A) the amount which would (but for this
subsection) be allowed as a credit to the taxpayer
under subsection (a) shall be reduced (but not below
zero) by the aggregate amount paid on behalf of such
taxpayer under section 7529 for months beginning in
such taxable year, and
``(B) the tax imposed by section 1 for such taxable
year shall be increased by the excess (if any) of--
``(i) the aggregate amount paid on behalf
of such taxpayer under section 7529 for months
beginning in such taxable year, over
``(ii) the amount which would (but for this
subsection) be allowed as a credit to the
taxpayer under subsection (a).
``(2) Coordination with other deductions.--Amounts taken
into account under subsection (a) shall not be taken into
account in determining--
``(A) any deduction allowed under section 162(l),
213, or 224, or
``(B) any credit allowed under section 35.
``(3) Medical and health savings accounts.--Amounts
distributed from an Archer MSA (as defined in section 220(d))
or from a health savings account (as defined in section 223(d))
shall not be taken into account under subsection (a).
``(4) Denial of credit to dependents and nonpermanent
resident alien individuals.--No credit shall be allowed under
this section to any individual who is--
``(A) not a citizen or lawful permanent resident of
the United States for the calendar year in which the
taxable year begins, or
``(B) a dependent with respect to another taxpayer
for a taxable year beginning in the calendar year in
which such individual's taxable year begins.
``(5) Married individuals.--In the case of an individual
who is married (within the meaning of section 7703), this
section shall apply only if a joint return is filed for the
taxable year under section 6013.
``(6) Insurance which covers other individuals.--For
purposes of this section, rules similar to the rules of section
213(d)(6) shall apply with respect to any contract for
qualified health insurance under which amounts are payable for
coverage of an individual other than the taxpayer and
qualifying family members.
``(7) Treatment of payments.--For purposes of this
section--
``(A) Payments by secretary.--Payments made by the
Secretary on behalf of any individual under section
7529 (relating to advance payment of credit for health
insurance costs of individuals with COBRA continuation
coverage by reason of termination of employment) shall
be treated as having been made by the taxpayer on the
first day of the month for which such payment was made.
``(B) Payments by taxpayer.--Payments made by the
taxpayer for eligible coverage months shall be treated
as having been made by the taxpayer on the first day of
the month for which such payment was made.
``(8) Regulations.--The Secretary may prescribe such
regulations and other guidance as may be necessary or
appropriate to carry out this section, section 6050W, and
section 7529.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36A,'' after ``36,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36
the following new item:
``Sec. 36A. Health insurance costs of individuals with COBRA
continuation coverage by reason of
termination of employment.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF
INDIVIDUALS WITH COBRA CONTINUATION COVERAGE BY REASON OF
TERMINATION OF EMPLOYMENT.
(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:
``SEC. 7529. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF
INDIVIDUALS WITH COBRA CONTINUATION COVERAGE BY REASON OF
TERMINATION OF EMPLOYMENT.
``Not later than January 1, 2009, the Secretary shall establish a
program for making payments to providers of qualified health insurance
(as defined in section 36A(e)) on behalf of taxpayers eligible for the
credit under section 36A.''.
(b) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of such Code (relating to information concerning
transactions with other persons) is amended by adding at the
end the following new section:
``SEC. 6050W. RETURNS RELATING TO CREDIT FOR HEALTH INSURANCE COSTS OF
INDIVIDUALS WITH COBRA CONTINUATION COVERAGE BY REASON OF
TERMINATION OF EMPLOYMENT.
``(a) Requirement of Reporting.--Every person who is entitled to
receive payments for any month of any calendar year under section 7529
(relating to advance payment of credit for health insurance costs of
individuals with COBRA continuation coverage by reason of termination
of employment) with respect to any individual shall, at such time as
the Secretary may prescribe, make the return described in subsection
(b) with respect to each such individual.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of each individual
referred to in subsection (a),
``(B) the number of months such person provided
COBRA continuation coverage by reason of termination of
employment,
``(C) the number of months for which amounts were
received with respect to such individual under section
7529 (relating to advance payment of credit for health
insurance costs of individuals with COBRA continuation
coverage by reason of termination of employment),
``(D) the amount entitled to be received for each
such month, and
``(E) such other information as the Secretary may
prescribe.
``(c) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return a written statement showing--
``(1) the name and address of the person required to make
such return and the phone number of the information contact for
such person, and
``(2) the information required to be shown on the return
with respect to such individual.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) is required to be
made.''.
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such
Code (relating to definitions) is amended by striking
``or'' at the end of clause (xxi), by striking ``and''
at the end of clause (xxii) and inserting ``or'', and
by inserting after clause (xxii) the following new
clause:
``(xxiii) section 6050W (relating to
returns relating to credit for health insurance
costs of individuals with COBRA continuation
coverage by reason of termination of
employment), and''.
(B) Paragraph (2) of section 6724(d) of such Code
is amended by striking the period at the end of
subparagraph (CC) and inserting a comma, by striking
the period at the end of subparagraph (DD) and
inserting ``, or'', and by adding after subparagraph
(DD) the following new subparagraph:
``(EE) section 6050W (relating to returns relating
to credit for health insurance costs of individuals
with COBRA continuation coverage by reason of
termination of employment).''.
(c) Clerical Amendments.--
(1) The table of sections for chapter 77 of such Code is
amended by adding at the end the following new item:
``Sec. 7529. Advance payment of credit for health insurance costs of
individuals with COBRA continuation
coverage by reason of termination of
employment.''.
(2) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by adding at
the end the following new item:
``Sec. 6050W. Returns relating to credit for health insurance costs of
individuals with COBRA continuation
coverage by reason of termination of
employment.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Health Insurance Stability Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers a refundable tax credit for amounts paid to continue health care coverage for the taxpayer, the taxpayer's spouse, and dependents under the applicable continuation provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA). Limits the amount of such credit and disqualifies taxpayers who, in any month, have employer-provided coverage, are covered under Medicare, Medicaid, or the State Children's Health Insurance Program (SCHIP) of the Social Security Act, or are imprisoned. Denies such credit to individuals who are not U.S. citizens or permanent residents or who are dependents of a taxpayer. Directs the Secretary of the Treasury to establish a program for advancing payments of credit amounts to health insurance providers of the taxpayer. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a refundable, advanceable tax credit for health insurance costs of individuals with COBRA continuation coverage by reason of termination of employment."} | 3,294 | 182 | 0.556181 | 1.361668 | 0.700051 | 2.013423 | 19.66443 | 0.872483 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Universally Reduce and
Eradicate Disease Act of 2001''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) During the 20th century the United States led the world
in defeating totalitarianism and communism.
(2) The United States also led the world in spreading and
establishing democracy in every region.
(3) The United States remains the only global
``superpower'', a historic position of leadership which allows
the Nation to establish new goals to benefit humanity in the
21st century.
(4) The United States, the world leader in the research,
development, and production of technologies, medicines, and
methodologies utilized to prevent and cure disease, has
established a Center for Vaccine Development at the National
Institutes of Health that could assist in the global control of
infectious diseases. Infectious disease is the number one
global health challenge, annually killing 11 million people
globally and 180,000 people in the United States, and is the
third leading cause of death in the United States. The United
States has the resources, through the National Institutes of
Health and the National Science Foundation, to expand health
research information globally through the use of Internet
conferencing and dissemination of data.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission for the New National Goal: The Advancement of Global
Health'' (in this Act referred to as the ``Commission'').
SEC. 4. DUTIES OF COMMISSION.
The Commission shall recommend to the Congress a national strategy
for coordinating governmental, academic, and public and private health
care entities for the purpose of the global eradication of disease. The
Commission shall address how the United States may assist in the global
control of infectious diseases through the development of vaccines and
the sharing of health research information on the Internet.
SEC. 5. MEMBERSHIP.
(a) Membership of the Commission.--The Commission shall consist of
individuals who are of recognized standing and distinction and who
possess the demonstrated capacity to discharge the duties imposed on
the Commission, and shall include representatives of the public,
private, and academic areas whose capacity is based on a special
knowledge, such as computer sciences or the use of the Internet for
medical conferencing, or expertise in medical research or related
areas.
(b) Number and Appointment.--The Commission shall be composed of 15
members as follows:
(1) The Secretary of Health and Human Services (or the
Secretary's delegate).
(2) The Chairman of the Federal Trade Commission.
(3) The Director of the National Institutes of Health.
(4) The Director of the National Science Foundation.
(5) The Director of the Centers for Disease Control and
Prevention.
(6) The Commissioner of the Food and Drug Administration.
(7) 2 members of the Senate, one from the majority party
and one from the minority party, appointed jointly by the
President of the Senate and the President pro tempore.
(8) 2 Members of the House of Representatives, one from the
majority party and one from the minority party, appointed by
the Speaker of the House of Representatives.
(9) 2 individuals appointed by the President, by and with
the advice and consent of the Senate, from among individuals
who are not officers or employees of any government and who are
specially qualified to serve on the Commission by virtue of
their education, training, or experience.
(10) 3 individuals appointed by the President from among
individuals who will represent the views of recipients of
health services. Not more than 1 member appointed under this
paragraph may be an officer or employee of the Federal
Government.
(c) Continuation of Membership.--If a member was appointed to the
Commission as a Member of Congress and the member ceases to be a Member
of Congress, that member may continue as a member for not longer than
the 30-day period beginning on the date that member ceases to be a
Member of Congress.
(d) Terms.--Each member shall be appointed for the life of the
Commission.
(e) Basic Pay.--Members shall serve without pay.
(f) Quorum.--Nine members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(g) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be designated by the President at
the time of the appointment.
(h) Meetings.--The Commission shall meet monthly or at the call of
a majority of its members.
SEC. 6. POWERS 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.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--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
Chairperson or Vice Chairperson of the Commission, the head of that
department or agency shall furnish that information to the Commission.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Chairperson or Commission. For purposes
of Federal income, estate, and gift taxes, property accepted under this
subsection shall be considered as a gift, bequest, or devise to the
United States.
(e) 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.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(g) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for
administrative and other services, without regard to section 3709 of
the Revised Statutes (41 U.S.C. 5).
SEC. 7. REPORTS.
(a) Interim Reports.--The Commission may submit to the President
and the Congress interim reports as the Commission considers
appropriate.
(b) Final Report.--The Commission shall transmit a final report to
the President and the Congress not later than 12 months after the date
of enactment of this Act. The final report shall contain a detailed
statement of the findings and conclusions of the Commission, together
with its recommendations for legislative, administrative, or other
actions, as the Commission considers appropriate.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after submitting its final
report pursuant to section 7.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of its enactment.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated not to exceed $1,000,000
for fiscal year 2002 for the National Institutes of Health to carry out
coordination activities under this Act with the Commission, the
National Science Foundation, and other appropriate groups to make
available on the Internet information concerning benefits of the
infectious disease vaccine development program and health research
information.
SEC. 11. BUDGET ACT COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
651(c)(2)(A) and (C))) authorized by this Act shall be effective only
to such extent and in such amounts as are provided in appropriation
Acts. | Commission to Universally Reduce and Eradicate Disease Act of 2001 - Establishes the National Commission for the New National Goal: The Advancement of Global Health to: (1) recommend a national strategy for coordinating governmental, academic, and public and private health care entities for the purpose of the global eradication of disease; and (2) address how the United States may assist in the global control of infectious diseases through the development of vaccines and the sharing of health research information on the Internet.Authorizes appropriations to the National Institutes of Health to carry out coordination activities with the Commission, the National Science Foundation, and other appropriate groups to make available on the Internet information concerning the benefits of the infectious disease vaccine development program and health research information. | {"src": "billsum_train", "title": "To establish a commission to recommend a strategy for the global eradication of disease."} | 1,786 | 156 | 0.601228 | 1.662146 | 0.88086 | 7.485714 | 11.857143 | 0.985714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Time-Out Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As stated in Executive Order 13563 (76 Fed. Reg. 3821;
relating to improving regulation and regulatory review), ``Our
regulatory system must protect public health, welfare, safety,
and our environment while promoting economic growth,
innovation, competitiveness, and job creation.''.
(2) The criteria described in paragraph (1) have not been
met.
(3) Congress has an obligation to ensure that regulations
issued as a delegation of its authority reflect the balance
expressed in paragraph (1).
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term under section 3502(1) of title 44, United States Code.
(2) Time-out period.--The term ``time-out period'' means
the period beginning on the date of the enactment of this Act
and ending on January 21, 2013.
(3) Regulations.--
(A) Covered regulation.--Subject to subparagraph
(C), the term ``covered regulation'' means a final
regulation that--
(i) directly or indirectly increases costs
on businesses in a manner which will have an
adverse effect on job creation, job retention,
productivity, competitiveness, or the efficient
functioning of the economy;
(ii) is likely to--
(I) have an annual effect on the
economy of $100,000,000 or more;
(II) adversely affect in a material
way the economy, a sector of the
economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities;
(III) create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency;
(IV) materially alter the budgetary
impact of entitlements, grants, user
fees, or loan programs or the rights
and obligations of recipients thereof;
or
(V) raise novel legal or policy
issues; and
(iii) did not take effect before September
1, 2011.
(B) Proposed regulation.--Subject to subparagraph
(C), the term ``proposed regulation'' means a
regulation for which an agency has published a general
notice of proposed rulemaking and which is expected to
meet the requirements of subparagraph (A) after the
final regulation takes effect.
(C) Inapplicability to regulations required by
law.--This Act does not apply to covered regulations or
proposed regulations required by law.
SEC. 4. TIME-OUT PERIOD FOR COVERED REGULATIONS.
(a) Prior Regulations.--A covered regulation that took effect
before the date of the enactment of this Act shall be treated, during
the time-out period, as though that regulation never took effect.
(b) Prospective Regulations.--A covered regulation that has not
taken effect before the date of the enactment of this Act may not take
effect during the time-out period.
SEC. 5. TIME-OUT PERIOD FOR PROPOSED REGULATIONS.
(a) Prior Proposed Regulations.--A general notice of proposed
rulemaking published before the date of the enactment of this Act and
with respect to which the period for submission of comments has not
expired on such date shall be treated, during the time-out period, as
though the notice was never published.
(b) Prospective Proposed Regulations.--A general notice of proposed
rulemaking may not be published during the time-out period.
SEC. 6. EXEMPTIONS.
(a) In General.--The head of an agency may exempt a covered
regulation prescribed by that agency from the application of section 3,
or a proposed regulation issued by that agency from the application of
section 4, if the head of the agency--
(1) makes a specific finding that the covered regulation or
proposed regulation--
(A) is necessary due to an imminent threat to human
health or safety, or any other emergency;
(B) is necessary for the enforcement of a criminal
law;
(C) has as its principal effect--
(i) fostering private sector job creation
and the enhancement of the competitiveness of
workers in the United States;
(ii) encouraging economic growth; or
(iii) repealing, narrowing, or streamlining
a rule, regulation, or administrative process,
or otherwise reducing regulatory burdens;
(D) pertains to a military or foreign affairs
function of the United States; or
(E) is limited to interpreting, implementing, or
administering the Internal Revenue Code of 1986; and
(2) submits the finding to Congress and publishes the
finding in the Federal Register.
(b) Review.--Not later than 10 days after the date of the enactment
of this Act each agency shall submit any covered regulation or proposed
regulation that the head of the agency determines is exempt under this
section to the Office of Management and Budget and Congress.
(c) Nondelegable Authority.--The head of an agency may not delegate
the authority provided under this section to exempt the application of
any provision of this Act. | Regulatory Time-Out Act of 2011 - Prohibits covered regulations from being in effect or from taking effect during the period beginning on the enactment of this Act and ending on January 21, 2013 (time-out period). Prohibits publication of any general notice of a proposed rulemaking for what would be a covered regulation, and nullifies a rulemaking that was published but for which the comment period did not expire before enactment of this Act, during such period.
Defines a "covered regulation" as a final regulation that did not take effect before September 1, 2011, that increases costs on businesses in a manner that will have an adverse effect on job creation, job retention, productivity, competitiveness, or the efficient functioning of the economy and that is likely to: (1) have an annual effect on the economy of $100 million or more; (2) adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities; (3) create a serious inconsistency or otherwise interfere with an action by another agency; (4) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients; or (5) raise novel legal or policy issues.
Exempts regulations that are required by law. Allows agency heads to exempt covered regulations that: (1) are necessary due to an imminent threat to human health or safety or any other emergency; (2) are necessary to enforce criminal laws, (3) foster private sector job creation; (4) encourage economic growth; (5) reduce regulatory burdens; (6) pertain to a military or foreign affairs function; or (7) are limited to interpreting, implementing, or administering the Internal Revenue Code. | {"src": "billsum_train", "title": "To provide for a time-out on certain regulations, and for other purposes."} | 1,132 | 379 | 0.718642 | 2.227759 | 0.919966 | 3.763889 | 2.95 | 0.908333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Fire Administration
Reauthorization Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The loss of life due to fire has dropped significantly
over the last 25 years in the United States. However, the
United States still has one of the highest fire death rates in
the industrialized world. For 2006, the National Fire
Protection Association reported 3,245 civilian fire deaths,
17,925 civilian fire injuries, and $11,307,000,000 in direct
losses due to fire.
(2) Every year, over 100 firefighters die in the line of
duty. The United States Fire Administration should continue its
leadership to help local fire agencies dramatically reduce
these fatalities.
(3) Members of the fire service community should continue
to work together to further the promotion of national voluntary
consensus standards that increase firefighter safety.
(4) The United States Fire Administration provides crucial
support to the Nation's 30,300 fire departments through
training, data collection, fire awareness and education, and
other activities for improving fire prevention, control, and
suppression technologies.
(5) The collection of data on fire and other emergency
incidents is a vital tool both for policy makers and emergency
responders to identify and develop responses to emerging
hazards. Improving the United States Fire Administration's data
collection capabilities is essential for accurately tracking
and responding to the magnitude and nature of the Nation's fire
problem.
(6) The research and development performed by the Federal
Government and non-government organizations on fire
technologies, techniques, and tools advance the capabilities of
the Nation's fire service to prevent and suppress fires.
(7) The United States Fire Administration is one of the
strongest voices representing the Nation's fire service within
the Federal Government, and, as such, it should have a
prominent place within the Federal Government.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES FIRE
ADMINISTRATION.
Section 17(g)(1) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding after subparagraph (D) the following new
subparagraphs:
``(E) $70,000,000 for fiscal year 2009;
``(F) $72,100,000 for fiscal year 2010;
``(G) $74,263,000 for fiscal year 2011; and
``(H) $76,490,890 for fiscal year 2012.''.
SEC. 4. NATIONAL FIRE ACADEMY TRAINING PROGRAM MODIFICATIONS AND
REPORTS.
(a) Amendments to Fire Academy Training.--Section 7(d)(1) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1))
is amended--
(1) by amending subparagraph (H) to read as follows:
``(H) response, tactics, and strategies for dealing
with national catastrophes, including terrorist-caused
national catastrophes and incidents that involve
weapons of mass destruction;'';
(2) in subparagraph (K), by striking ``forest'' and
inserting ``wildland'';
(3) in subparagraph (M), by striking ``response tactics
and'' and inserting ``response, tactics, and'';
(4) by redesignating subparagraphs (I) through (N) as
subparagraphs (M) through (R), respectively; and
(5) by inserting after subparagraph (H) the following new
subparagraphs:
``(I) response, tactics, and strategies for
fighting large-scale fires or multiple fires in a
general area that cross jurisdictional boundaries;
``(J) response, tactics, and strategies for
fighting fires occurring at the wildland-urban
interface;
``(K) response, tactics, and strategies for
fighting fires involving hazardous materials;
``(L) advanced emergency medical services
training;''.
(b) Triennial Reports.--Section 7 of such Act (15 U.S.C. 2206) is
amended by adding at the end the following new subsection:
``(m) Triennial Report.--In the first annual report filed pursuant
to section 16 for which the deadline for filing is after the expiration
of the 18-month period that begins on the date of the enactment of the
United States Fire Administration Reauthorization Act of 2008, and in
every third annual report thereafter, the Administrator shall include
information about changes made to the Academy curriculum, including--
``(1) the basis for such changes, including a review of the
incorporation of lessons learned by emergency response
personnel after significant emergency events and emergency
preparedness exercises performed under the National Exercise
Program; and
``(2) the desired training outcome of all such changes.''.
(c) Authorizing the Administrator to Enter Into Contracts to
Provide On-Site Training Through Certain Accredited Organizations.--
Section 7(f) of such Act (15 U.S.C. 2206(f)) is amended to read as
follows:
``(f) Assistance.--
``(1) In general.--The Administrator is authorized to
provide assistance to State and local fire service training
programs through grants, contracts, or otherwise.
``(2) Authorization to enter into contracts to provide on-
site training through certain accredited organizations.--
``(A) In general.--The Administrator is authorized
to enter into a contract with one or more nationally
recognized organizations that have established on-site
training programs that prepare fire service personnel
to meet national voluntary consensus standards for fire
service personnel and that facilitate the delivery of
the education and training programs outlined in
subsection (d)(1) directly to fire service personnel.
``(B) Restrictions.--The Administrator shall not
enter into a contract with such organization unless
such organization--
``(i) provides training that leads to
certification by a program accredited by a
nationally recognized accreditation
organization; or
``(ii) at the time the Administrator enters
into the contract, provides training under such
a program under a cooperative agreement with a
Federal agency.
``(3) Restriction on use of funds.--The amounts expended by
the Administrator to carry out this subsection in any fiscal
year shall not exceed 4 percent of the amount authorized to be
appropriated in such fiscal year pursuant to section 17 of this
Act.''.
(d) Incident Command Training Course for Fires at Ports Required.--
Not later than 2 years after the date of the enactment of this Act, the
Administrator of the United States Fire Administration, in consultation
with the Superintendent of the National Academy for Fire Prevention and
Control, shall consolidate and integrate into the current Academy
curriculum a course on incident command training for fire service
personnel for fighting fires at United States ports and in marine
environments, including fires on the water and aboard vessels. Such
course shall not relate to border and port security.
SEC. 5. NATIONAL FIRE INCIDENT REPORTING SYSTEM UPGRADES.
(a) Incident Reporting System Database.--Section 9 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2208) is amended by
adding at the end the following new subsection:
``(d) National Fire Incident Reporting System Update.--Of the
amounts made available pursuant to subparagraphs (E), (F), and (G) of
section 17(g)(1), the Administrator shall use no more than an aggregate
amount of $5,000,000 during the 3-year period consisting of fiscal
years 2009, 2010, and 2011 to carry out activities necessary to update
the National Fire Incident Reporting system to an Internet-based, real-
time incident reporting database, including capital investment,
contractor engagement, and user education.''.
(b) Technical Correction.--Section 9(b)(2) of such Act (15 U.S.C.
2208(b)(2)) is amended by striking ``assist State,'' and inserting
``assist Federal, State,''.
SEC. 6. FIRE TECHNOLOGY ASSISTANCE AND DISSEMINATION.
(a) Assistance to Fire Services for Fire Prevention and Control in
Wildland-Urban Interface.--Section 8(d) of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2207(d)) is amended--
(1) by striking ``Rural Assistance'' in the heading and
inserting ``Rural and Wildland-Urban Interface Assistance'';
(2) by striking ``The Administrator'' and inserting ``(1)
The Administrator''; and
(3) by adding at the end the following new paragraph:
``(2) The Administrator is authorized to assist the Nation's fire
services, directly or through contracts, grants, or other forms of
assistance, for activities and equipment to improve fire prevention and
control in the wildland-urban interface.''.
(b) Dissemination.--Section 8 of such Act (15 U.S.C. 2207) is
amended by adding at the end the following new subsection:
``(h) Dissemination.--Beginning 1 year after the date of the
enactment of the United States Fire Administration Reauthorization Act
of 2008, the Administrator, in collaboration with the relevant
departments and agencies of the Federal Government, shall make
available to the public information regarding United States Fire
Administration funded activities to advance new knowledge and best
practices in firefighting, through a regularly updated Internet
database.''.
SEC. 7. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH AND
SAFETY.
The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended by adding at the end the following new sections:
``SEC. 37. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH AND
SAFETY.
``The Administrator shall promote adoption by fire services of
national voluntary consensus standards for firefighter health and
safety, including such standards for firefighter operations, training,
staffing, and fitness, by educating fire services about such standards,
encouraging the adoption at all levels of government of such standards,
and making recommendations on other ways in which the Federal
Government can promote the adoption of such standards by fire services.
``SEC. 38. TRAINING AGENCIES ON IMPORTANCE OF CLEARING BIOMASS IN
WILDLAND AREAS TO PROMOTE FIREFIGHTER SAFETY.
``In collaboration with the relevant departments and agencies of
the Federal Government, the Administrator shall develop and provide
information and training to relevant departments and agencies of the
Federal Government on the importance of clearing biomass in wildland
areas of Federal lands to promote the safety of firefighters.''.
SEC. 8. COORDINATION REGARDING FIRE SERVICE-BASED EMERGENCY MEDICAL
SERVICES.
(a) In General.--Section 21(e) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2218(e)) is amended to read as follows:
``(e) Coordination.--
``(1) In general.--To the extent practicable, the
Administrator shall utilize existing programs, data,
information, and facilities already available in other Federal
Government departments and agencies and, where appropriate,
existing research organizations, centers, and universities.
``(2) Coordination of fire prevention and control
programs.--The Administrator shall provide liaison at an
appropriate organizational level to assure coordination of the
Administrator's activities with State and local government
agencies, departments, bureaus, or offices concerned with any
matter related to programs of fire prevention and control with
private and other Federal organizations and offices so
concerned.
``(3) Coordination of fire service-based emergency medical
services programs.--The Administrator shall provide liaison at
an appropriate organizational level to assure coordination of
the Administrator's activities with State and local government
agencies, departments, bureaus, or offices concerned with
programs related to emergency medical services provided by fire
service-based systems with private and other Federal
organizations and offices so concerned.''.
(b) Fire Service-Based Emergency Medical Services Best Practices.--
Section 8(c) of such Act (15 U.S.C. 2207(c)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The Administrator is authorized to conduct, directly or
through contracts or grants, studies of the operations and management
aspects of fire service-based emergency medical services and
coordination between emergency medical services and fire services. Such
studies may include the optimum protocols for on-scene care, the
allocation of resources, and the training requirements for fire
service-based emergency medical services.''.
SEC. 9. DEFINITIONS.
Section 4 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2203) is amended--
(1) in paragraph (3), by striking ``Administration'' and
inserting ``Administration, who is the Assistant Administrator
of the Federal Emergency Management Agency'';
(2) in paragraph (7), by striking ``and'' after the
semicolon;
(3) in paragraph (8), by striking the period at the end and
inserting ``; and'';
(4) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively;
(5) by inserting after paragraph (5) the following new
paragraph:
``(6) `hazardous materials' has the meaning given such term
in section 5102(2) of title 49, United States Code;''; and
(6) by adding at the end the following new paragraph:
``(10) `wildland-urban interface' has the meaning given
such term in section 101(16) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511(16)).''.
SEC. 10. SUPPORTING THE ADOPTION OF FIRE SPRINKLERS.
Congress supports the recommendations of the United States Fire
Administration regarding the adoption of fire sprinklers in commercial
buildings and educational programs to raise awareness of the importance
of installing fire sprinklers in residential buildings.
Passed the House of Representatives April 3, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | United States Fire Administration Reauthorization Act of 2008 - (Sec. 3) Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for the U.S. Fire Administration (USFA) for FY2009-FY2012.
(Sec. 4) Authorizes the Superintendent of the National Academy for Fire Prevention and Control to include within fire service personnel training: (1) response, tactics, and strategies for dealing with non-terrorist-caused national catastrophes and incidents that involve weapons of mass destruction; (2) applying new technology and developing strategies and tactics for fighting wildfires; (3) response, tactics, and strategies for fighting large-scale or multiple fires in a general area that cross jurisdictional boundaries, fires occurring at the wildland-urban interface, and fires involving hazardous materials; and (4) advanced emergency medical services (EMS) training.
Requires the Administrator of USFA to: (1) include in triennial reports information about changes made to the National Fire Academy curriculum; and (2) consolidate and integrate into that curriculum a course on incident command training for fire service personnel for fighting fires at U.S. ports and in marine environments, including fires on the water and aboard vessels. Provides that such course shall not relate to border and port security.
Authorizes the Administrator to contract with one or more nationally recognized organizations that have established on-site training programs that prepare fire service personnel to meet national voluntary consensus standards for fire service personnel and that facilitate delivery of education and training programs, provided that such an organization: (1) provides training that leads to certification by a program accredited by a nationally recognized accreditation organization; or (2) provides training under such a program pursuant to a cooperative agreement with a federal agency. Limits the amounts that may be expended by the Administrator to carry out this provision to 4% of the amount authorized to be appropriated in that fiscal year to facilitate the delivery of education and training programs directly to fire service personnel.
(Sec. 5) Directs the Administrator to use specified funds during FY2009-FY2011 to update the National Fire Incident Reporting system to an Internet-based, real-time incident reporting database.
(Sec. 6) Authorizes the Administrator to assist the nation's fire services for activities and equipment to improve fire prevention and control in the wildland-urban interface. Directs the Administrator to make available to the public information regarding USFA funded activities, to advance new knowledge and best practices in firefighting through a regularly updated Internet database.
(Sec. 7) Requires the Administrator to: (1) promote adoption by fire services of voluntary national consensus standards for firefighter health and safety; and (2) develop and provide information and training to relevant federal departments on the importance of clearing biomass in wildland areas of federal lands to promote firefighter safety.
(Sec. 8) Directs the Administrator to provide liaison to assure coordination of fire service-based EMS programs. Authorizes the Administrator to conduct studies of the operations and management aspects of fire service-based EMS and coordination between EMS and fire services, including the optimum protocols for on-scene care, the allocation of resources, and the training requirements for fire service-based EMS.
(Sec. 10) Expresses support for USFA recommendations regarding the adoption of fire sprinklers in commercial buildings and educational programs to raise awareness of the importance of installing fire sprinklers in residential buildings. | {"src": "billsum_train", "title": "To reauthorize the United States Fire Administration, and for other purposes."} | 3,189 | 737 | 0.578901 | 1.968865 | 0.57503 | 4.861963 | 4.429448 | 0.944785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corrosion Prevention Act of 2009''.
SEC. 2. CREDIT FOR CORROSION PREVENTION AND MITIGATION MEASURES FOR
ENERGY-RELATED PROPERTY.
(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. 45R. CORROSION PREVENTION AND MITIGATION MEASURES FOR ENERGY-
RELATED PROPERTY.
``(a) In General.--For purposes of section 38, the corrosion
prevention and mitigation credit determined under this section for the
taxable year is an amount equal to 50 percent of the excess of--
``(1) qualified corrosion prevention and mitigation
expenditures with respect to qualified energy-related property,
over
``(2) the amount such expenditures would have been, taking
into account--
``(A) amounts paid or incurred to satisfy Federal,
State, or local requirements, and
``(B) amounts paid for corrosion prevention
practices, as certified by a person certified pursuant
to subsection (b)(2).
``(b) Qualified Corrosion Prevention and Mitigation Expenditures.--
For purposes of this section--
``(1) In general.--The term `qualified corrosion prevention
and mitigation expenditures' means amounts paid or incurred by
the taxpayer during the taxable year for engineering design,
materials, and application and installation of corrosion
prevention and mitigation technology.
``(2) Certification may be required.--The Secretary shall
require by regulation that no amount be taken into account
under paragraph (1) for any design, material, application, or
installation unless such design, material, application, or
installation meets such certification requirements. Such
requirements shall provide for accreditation of certifying
persons by an independent entity with expertise in corrosion
prevention and mitigation technology.
``(3) Corrosion prevention and mitigation technology.--
Corrosion prevention and mitigation technology includes a
system comprised of at least one of the following: a corrosion-
protective coating or paint; chemical treatment; corrosion-
resistant metals; and cathodic protection. The Secretary from
time to time by regulations or other guidance may modify the
list contained in the preceding sentence to reflect changes in
corrosion prevention and mitigation technology.
``(4) Qualified energy-related property.--The term
`qualified energy-related property' means property which is--
``(A) comprised primarily of a metal susceptible to
corrosion,
``(B) used in--
``(i) the exploration, production,
refining, or transportation of oil, natural
gas, coal, or any product thereof, or
``(ii) the generation, transmission, or
distribution of electricity or any other form
of energy,
``(C) of a character subject to the allowance for
depreciation,
``(D) originally placed in service or owned by the
taxpayer, and
``(E) located in the United States.
``(c) Recapture of Credit.--
``(1) In general.--If, as of the close of any taxable year,
there is a recapture event with respect to any qualified
energy-related property for which a credit was allowed under
subsection (a), the tax of the taxpayer under this chapter for
such taxable year shall be increased by an amount equal to the
product of--
``(A) the applicable recapture percentage, and
``(B) the aggregate decrease in the credits allowed
under section 38 for all prior taxable years which
would have resulted if the qualified corrosion
prevention and mitigation expenditures of the taxpayer
with respect to such property had been zero.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
``If the property ceases to be The recapture
qualified energy-related property percentage is:
within:
(i) One full year after placed in service.............. 100
(ii) One full year after the close of the period 80
described in clause (i).
(iii) One full year after the close of the period 60
described in clause (ii).
(iv) One full year after the close of the period 40
described in clause (iii).
(v) One full year after the close of the period 20.
described in clause (iv).
``(B) Recapture event defined.--For purposes of
this subsection, the term `recapture event' means--
``(i) Cessation of use.--The cessation of
use of the qualified energy-related property.
``(ii) Change in ownership.--
``(I) In general.--Except as
provided in subclause (II), the
disposition of a taxpayer's interest in
the qualified energy-related property
with respect to which the credit
described in subsection (a) was
allowable.
``(II) Agreement to assume
recapture liability.--Subclause (I)
shall not apply if the person acquiring
the qualified energy-related property
agrees in writing to assume the
recapture liability of the person
disposing of the qualified energy-
related property. In the event of such
an assumption, the person acquiring the
qualified energy-related property shall
be treated as the taxpayer for purposes
of assessing any recapture liability
(computed as if there had been no
change in ownership).
``(III) Special rule for tax exempt
entities.--Subclause (II) shall not
apply to any tax exempt entity (as
defined in section 168(h)(2)).
``(iii) Special rules.--
``(I) Tax benefit rule.--The tax
for the taxable year shall be increased
under paragraph (1) only with respect
to credits allowed by reason of this
section which were used to reduce tax
liability. In the case of credits not
so used to reduce tax liability, the
carryforwards and carrybacks under
section 39 shall be appropriately
adjusted.
``(II) No credits against tax.--Any
increase in tax under this subsection
shall not be treated as a tax imposed
by this chapter for purposes of
determining the amount of any credit
under this chapter or for purposes of
section 55.
``(III) No recapture by reason of
casualty loss.--The increase in tax
under this subsection shall not apply
to a cessation of operation of the
property as qualified energy-related
property by reason of a casualty loss
to the extent such loss is restored by
reconstruction or replacement within a
reasonable period established by the
Secretary.
``(d) Denial of Double Benefit.--For purposes of this subtitle--
``(1) Basis adjustments.--
``(A) In general.--If a credit is determined under
this section for any expenditure with respect to any
property, the increase in the basis of such property
which would (but for this subsection) result from such
expenditure shall be reduced by the amount of the
credit so allowed.
``(B) Certain dispositions.--If, during any taxable
year, there is a recapture amount determined with
respect to any property the basis of which was reduced
under subparagraph (A), the basis of such property
(immediately before the event resulting in such
recapture) shall be increased by an amount equal to
such recapture amount. For purposes of the preceding
sentence, the term `recapture amount' means any
increase in tax (or adjustment in carrybacks or
carryovers) determined under subsection (c).
``(2) Other deductions and credits.--No deduction or credit
shall be allowed under this chapter for any expense taken into
account under this section.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section.
``(f) Application of Section.--This section shall apply to taxable
years beginning during the 2-year period beginning on the date of the
enactment of this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (34), by striking
the period at the end of paragraph (35) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
``(36) the corrosion prevention and mitigation credit
determined under section 45R(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45Q the following new
item:
``Sec. 45R. Corrosion prevention and mitigation measures for energy-
related property.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Corrosion Prevention Act of 2009 - Amends the Internal Revenue Code to allow a two-year business-related tax credit for 50% of net expenditures for engineering design, materials, and application and installation of corrosion prevention and mitigation technology for energy-related property comprised primarily of metals susceptible to corrosion. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage the use of corrosion prevention and mitigation measures in the construction and maintenance of business energy-related property."} | 2,009 | 68 | 0.599573 | 1.500503 | 0.952572 | 3.403509 | 32.403509 | 0.912281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Star-Spangled Banner Bicentennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) During the War of 1812, on September 7, 1814, Francis
Scott Key visited the British fleet in the Chesapeake Bay to
secure the release of Dr. William Beanes, who had been captured
after the burning of Washington, DC.
(2) The release was completed, but Key was held by the
British during the shelling of Fort McHenry, one of the forts
defending Baltimore.
(3) On the morning of September 14, 1814, Key peered
through clearing smoke to see an enormous American flag flying
proudly after a 25-hour British bombardment of Fort McHenry.
(4) He was so delighted to see the flag still flying over
the fort that he began a song to commemorate the occasion, with
a note that it should be sung to the popular British melody
``To Anacreon in Heaven''.
(5) In 1916, President Woodrow Wilson ordered that it be
played at military and naval occasions.
(6) In 1931, the ``Star-Spangled Banner'' became our
National Anthem.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the bicentennial of the
writing of the Star-Spangled Banner, 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 battle for Baltimore that formed
the basis for the ``Star-Spangled Banner''.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2012''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Maryland War of 1812 Bicentennial Commission and 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) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2012.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the Maryland War of 1812
Bicentennial Commission for the purpose of supporting bicentennial
activities, educational outreach activities (including supporting
scholarly research and the development of exhibits), and preservation
and improvement activities pertaining to the sites and structures
relating to the War of 1812.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Maryland War of 1812 Bicentennial Commission as may be
related to the expenditures of amounts paid under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection. | Star-Spangled Banner Bicentennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue $1 coins in commemoration of the bicentennial of the writing of the Star-Spangled Banner.
Requires a coin design emblematic of the battle for Baltimore that formed the basis for the Star-Spangled Banner.
Authorizes the Secretary to issue the coins only during the calendar year beginning on January 1, 2012.
Requires specified surcharges in sales of the coin, which shall be paid to the Maryland War of 1812 Bicentennial Commission for the purpose of supporting bicentennial activities, educational outreach activities, and preservation and improvement activities pertaining to the sites and structures relating to the War of 1812. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the writing of the \"Star-Spangled Banner\", and for other purposes."} | 1,334 | 166 | 0.504526 | 1.388705 | 0.872053 | 6.320611 | 8.992366 | 0.961832 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Distracted Driving
Prevention Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Distracted driving incentive grants.
Sec. 3. Distracted driving national education program.
Sec. 4. Research and data collection.
Sec. 5. Research program.
Sec. 6. FCC report on distracted driving technology.
Sec. 7. Provision of information to States.
Sec. 8. Commercial motor vehicles and school buses.
Sec. 9. Funding.
SEC. 2. DISTRACTED DRIVING INCENTIVE GRANTS.
(a) In General.--Chapter 4 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 413. Distracted driving incentive grants
``(a) In General.--The Secretary shall make a grant under this
section to any State that enacts and implements a statute that meets
the requirements of subsections (b) and (c) of this section.
``(b) Prohibition on Texting While Driving.--A State statute meets
the requirements of this subsection if the statute--
``(1) prohibits the use of a personal wireless
communications device by a driver for texting while driving;
``(2) makes violation of the statute a primary offense;
``(3) establishes--
``(A) a minimum fine for a first violation of the
statute; and
``(B) increased fines for repeat violations; and
``(4) provides increased civil and criminal penalties than
would otherwise apply if a vehicle accident is caused by a
driver who is using such a device in violation of the statute.
``(c) Prohibition on Handheld Cellphone Use While Driving.--A State
statute meets the requirements of this subsection if the statute--
``(1) prohibits a driver from holding a personal wireless
communications device to conduct a telephone call while
driving;
``(2) allows the use of hands-free devices that enable a
driver, other than a driver who has not attained the age of 18,
to initiate, conduct, or receive a telephone call without
holding the device;
``(3) makes violation of the statute a primary offense;
``(4) requires distracted driving issues to be tested as
part of the State driver's license examination;
``(5) establishes--
``(A) a minimum fine for a first violation of the
statute; and
``(B) increased fines for repeat violations; and
``(6) provides increased civil and criminal penalties than
would otherwise apply if a vehicle accident is caused by a
driver who is using such a device in violation of the statute.
``(d) Permitted Exceptions.--A statute that meets the requirements
of subsections (b) and (c) may provide exceptions for--
``(1) use of a personal wireless communications device by a
driver to contact emergency services;
``(2) manipulation of such a device by a driver to
activate, deactivate, or initialize the hands-free
functionality of the device;
``(3) use of a personal wireless communications device by
emergency services personnel while operating an emergency
services vehicle and engaged in the performance of their duties
as emergency services personnel; and
``(4) use of a device by an individual employed as a
commercial motor vehicle driver, or a school bus driver, within
the scope of such individual's employment if such use is
permitted under the regulations promulgated pursuant to section
31152 of title 49.
``(e) Grant Year.--The Secretary shall make a grant under this
section to a State in any year in which the State--
``(1) enacts a law that meets the requirements of
subsections (b) and (c) before July 1; or
``(2) maintains a statute, that meets the requirements of
subsections (b) and (c), enacted in a previous year that is in
effect through June 30th of the grant year.
``(f) Disbursement and Apportionment.--Grants to qualifying States
shall be disbursed after July 1 each year according to the
apportionment criteria of section 402(c).
``(g) Use of Grant Funds.--A State that receives a grant under this
section--
``(1) shall use at least 50 percent of the grant--
``(A) to educate and advertise to the public
information about the dangers of texting or using a
cellphone while driving;
``(B) for traffic signs that notify drivers about
the distracted driving law of the State;
``(C) for law enforcement of the distracted driving
law; or
``(D) for a combination of such uses; and
``(2) may use up to 50 percent of the grant for other
projects that improve traffic safety and that are consistent
with the criteria in section 402(a).
``(h) Definitions.--In this section:
``(1) Driving.--The term `driving' means operating a motor
vehicle on a public road, including operation while temporarily
stationary because of traffic, a traffic light or stop sign, or
otherwise. It does not include operating a motor vehicle when
the vehicle has pulled over to the side of, or off, an active
roadway and has stopped in a location where it can safely
remain stationary.
``(2) Hands-free device.--The term `hands-free device'
means a device that allows a driver to use a personal wireless
communications device to initiate, conduct, or receive a
telephone call without holding the personal wireless
communications device.
``(3) Personal wireless communications device.--The term
`personal wireless communications device' means a device
through which personal wireless services (as defined in section
332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i))) are transmitted. It does not include a global
navigation satellite system receiver used for positioning,
emergency notification, or navigation purposes.
``(4) Primary offense.--The term `primary offense' means an
offense for which a law enforcement officer may stop a vehicle
solely for the purpose of issuing a citation in the absence of
evidence of another offense.
``(5) Public road.--The term `public road' has the meaning
given that term in section 402(c).
``(6) Texting.--The term `texting' means reading from or
manually entering data into a personal wireless communications
device, including doing so for the purpose of SMS texting, e-
mailing, instant messaging, or engaging in any other form of
electronic data retrieval or electronic data communication.''.
(b) Conforming Amendment.--The table of contents for chapter 4 of
title 23, United States Code, is amended by adding at the end the
following:
``413. Distracted driving incentive grants.''.
SEC. 3. DISTRACTED DRIVING NATIONAL EDUCATION PROGRAM.
(a) In General.--The Administrator of the National Highway Traffic
Safety Administration shall establish and administer a program under
which at least 2 high-visibility education and advertising campaigns
related to distracted driving will be carried out for the purpose
specified in subsection (b) for fiscal years 2010 and 2011.
(b) Purpose.--The purpose of an education and advertising campaign
under this section shall be to educate the public about the risks
associated with distracted driving, including those associated with--
(1) texting (as defined in section 413(h)(6) of title 23,
United States Code) while driving; and
(2) the use of personal wireless communications devices (as
defined in section 413(h)(3) of that title) while driving.
(c) Advertising.--The Administrator may use, or authorize the use
of, funds available to carry out this section to pay for the
development, production, publication, and broadcast of electronic and
print media advertising in carrying out traffic safety education and
advertising campaigns under this section. The Administrator--
(1) shall give consideration to advertising directed at
non-English speaking populations, including those who listen,
read, or watch nontraditional media; and
(2) may use a portion of the funds available for this
program to target local jurisdictions that have enacted laws
prohibiting texting or the use of personal wireless
communications devices while driving.
(d) Coordination With States.--The Administrator may coordinate
with the States to carry out the education and advertising campaigns
under this section to coincide with high-visibility enforcement of
State laws prohibiting texting while driving or the use of personal
wireless communications devices while driving.
(e) Annual Evaluation.--The Administrator shall conduct an annual
evaluation of the effectiveness of the education and advertising
campaigns under this section, and report the results to the Senate
Committee on Commerce, Science, and Transportation, and the House of
Representatives Committee on Energy and Commerce.
SEC. 4. RESEARCH AND DATA COLLECTION.
(a) In General.--Section 408(e)(2) of title 23, United States Code,
is amended to read as follows:
``(2) Data on use of electronic devices.--
``(A) The model data elements required under
paragraph (1) shall include data elements, as
determined appropriate by the Secretary, in
consultation with the States and appropriate elements
of the law enforcement community, on the impact on
traffic safety of the use of electronic devices while
driving.
``(B) In order to meet the requirements of
subparagraph (A), State and local governments shall--
``(i) require that official vehicle
accident investigation reports include a
designated space to record whether or not the
use of a personal wireless communications
device (as defined in section 413(h)(3)) was in
use at the time of the accident by any driver
involved in the accident;
``(ii) require that all law enforcement
officers, as part of a vehicle accident
investigation, inquire about and record the
information required by clause (i); and
``(iii) incorporate the information
collected under clause (i) into its traffic
safety information system.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to grants under section 408 of title 23, United
States Code, for fiscal years beginning after fiscal year 2010.
SEC. 5. RESEARCH PROGRAM.
(a) In General.--The Secretary of Transportation shall establish a
research program to study distracted driving by passenger and
commercial vehicle drivers.
(b) Scope.--The program shall include studies of--
(1) driver behavior;
(2) vehicle technology; and
(3) portable electronic devices that are commonly brought
into passenger or commercial vehicles.
(c) Research Agreements.--
(1) In general.--In carrying out this section the Secretary
may grant research contracts to non-governmental entities to
study distracted driving.
(2) Limitations.--The Secretary may not grant a research
contract under this section to any person that produces or
sells--
(A) electronic equipment that is used in vehicles;
(B) portable electronic equipment commonly brought
into passenger or commercial vehicles; or
(C) passenger or commercial vehicles.
SEC. 6. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.
Within 180 days after the date of enactment of this Act, the
Federal Communications Commission shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce that identifies--
(1) data the Commission can collect and analyze that will
assist in understanding and reducing the problem of distracted
driving involving the use of personal communications devices;
(2) existing and developing wireless communications
technology that may be used to reduce problems associated with
distracted driving; and
(3) existing authority that the Commission may use to
assist in reducing those problems.
SEC. 7. PROVISION OF INFORMATION TO STATES.
Section 30105 of title 49, United States Code, shall not apply to
providing Government-sponsored research and highway safety data, or
providing technical assistance, relating to legislative proposals
addressing the dangers or potential dangers of--
(1) texting while driving a passenger vehicle, school bus,
or commercial vehicle; or
(2) the use of personal wireless communications devices (as
defined in section 413(h)(3) of title 23, United States Code)
while driving a passenger vehicle, school bus, or commercial
vehicle.
SEC. 8. COMMERCIAL MOTOR VEHICLES AND SCHOOL BUSES.
(a) In General.--Subchapter III of chapter 311 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 31152. Regulation of the use of distracting devices in
commercial motor vehicles and school buses
``(a) In General.--No later than 1 year after the enactment of the
Distracted Driving Prevention Act of 2009, the Secretary of
Transportation shall prescribe regulations on the use of electronic or
wireless devices, including cell phones and other distracting devices,
by an individual employed as the operator of--
``(1) a commercial motor vehicle while that individual is
engaged in the performance of such individual's duties as the
operator of the commercial motor vehicle; or
``(2) a school bus (as defined in section 30125(a)(1)) that
is a commercial motor vehicle (as defined in section
31301(4)(A)) while that individual is engaged in the
performance of such individual's duties as the operator of the
school bus.
``(b) Basis for Regulations.--The Secretary shall base the
regulations required by subsection (a) on accident data analysis, the
results of ongoing research, and other information, as appropriate.
``(c) Prohibited Use.--The Secretary shall prohibit the use of such
devices in circumstances in which the Secretary determines that their
use interferes with the driver's safe operation of a school bus or
commercial motor vehicle.
``(d) Permitted Use.--Under the regulations, the Secretary may
permit the use of a device, the use of which is prohibited under
subsection (c), if the Secretary determines that such use is necessary
for the safety of the driver or the public in emergency
circumstances.''.
(b) Conforming Amendment.--The table of contents for chapter 311 of
title 49, United States Code, is amended by inserting after the item
relating to section 31151 the following:
``31152. Regulation of the use of distracting devices in commercial
motor vehicles and school buses.''.
SEC. 9. FUNDING.
Section 2001(a) of Public Law 109-59 is amended--
(1) by striking ``and'' in paragraph (4);
(2) by striking ``2009.'' in paragraph (4) and inserting
``2009, $94,500,000 for fiscal year 2010, and $94,500,000 for
fiscal year 2011. If any amount of the funds authorized by this
paragraph has not been allocated to States meeting the criteria
of section 406 of title 23, United States Code, by July 1 of a
fiscal year beginning after fiscal year 2009, the unallocated
amount shall be allocated to States meeting the criteria of
section 413 of that title.''; and
(3) by redesignating paragraph (11) as paragraph (12) and
inserting after paragraph (10) the following:
``(11) Distracted driving program.--For carrying out
section 3 of the Distracted Driving Prevention Act of 2009,
$30,000,000 for each of fiscal years 2010 and 2011.''. | Distracted Driving Prevention Act of 2009 - Directs the Secretary of Transportation to make grants to states that enact laws that prohibit, with certain exceptions, and establish fines for texting and/or handheld cellphone use while driving.
Requires a state that receives a grant to allocate: (1) at least 50% to educate and advertise to the public about the dangers of texting or using a cellphone while driving as well as enforce the distracted driving law; and (2) up to 50% for other traffic safety improvement projects.
Directs the Administrator of the National Highway Traffic Safety Administration (NHTSA) to administer a distracted driving national education program with at least two high-visibility education and advertising campaigns.
Requires the Secretary to establish a research program to study distracted driving by passenger and commercial vehicle drivers.
Directs the the Federal Communications Commission (FCC) to report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving.
Requires the Secretary to: (1) prescribe regulations on the use of electronic or wireless devices, including cell phones and other distracting devices, by operators of commercial motor vehicles and school buses; and (2) prohibit their use in circumstances where it interferes with the driver's safe operation of the vehicles. | {"src": "billsum_train", "title": "To establish a program to reduce injuries and deaths caused by cellphone use and texting while driving."} | 3,388 | 268 | 0.62897 | 1.616746 | 0.773402 | 4.219512 | 12.995935 | 0.934959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Law Enforcement Armor Act''
or the ``PLEA Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Law enforcement is facing a threat from handguns and
accompanying ammunition, which are designed to penetrate police
body armor, being marketed and sold to civilians.
(2) A Five-seveN Pistol and accompanying ammunition,
manufactured by FN Herstal of Belgium as the ``5.7 x 28 mm
System'', has recently been recovered by law enforcement on the
streets. The Five-seveN Pistol is legally available for
purchase by civilians under current law.
(3) The Five-seveN Pistol is capable of penetrating level
IIA armor. The manufacturer advertises that ammunition fired
from the Five-seveN will perforate 48 layers of Kevlar up to
200 meters and that the ammunition travels at 2,100 feet per
second.
(4) The Five-seveN Pistol, and similar handguns designed to
use ammunition capable of penetrating body armor, pose a
devastating threat to law enforcement.
(b) Purpose.--The purpose of this Act is to protect the Nation's
law enforcement officers by--
(1) testing handguns and ammunition for capability to
penetrate body armor; and
(2) prohibiting the manufacture, importation, sale, or
purchase by civilians of the Five-seveN Pistol, ammunition for
such pistol, or any other handgun that uses ammunition found to
be capable of penetrating body armor.
SEC. 3. ARMOR-PIERCING HANDGUNS TREATED THE SAME AS MACHINEGUNS FOR
PURPOSES OF ALL FEDERAL CRIMINAL LAWS RELATING TO
FIREARMS.
(a) Definition of Armor-Piercing Handgun.--Section 921(a) of title
18, United States Code, is amended by adding at the end the following:
``(36) The term `armor-piercing handgun' means any handgun that
fires ammunition that the Attorney General determines is capable of
penetrating body armor when fired from such handgun pursuant to section
926(d) of this title.''.
(b) Determination of Ability To Penetrate Body Armor.--Section 926
of such title is amended by adding at the end the following:
``(d)(1) Not later than 1 year after the date of enactment of this
subsection, the Attorney General shall promulgate standards for the
uniform testing of firearms and ammunition for their ability to
penetrate the Body Armor Exemplar.
``(2) The standards promulgated pursuant to this subsection shall
take into account variations in performance relating to the size of the
firearm and ammunition, the propellant included in the ammunition, the
material composition of the bullet, the length of the barrel of the
firearm, the current or historical marketing of the firearm's
capabilities, and any other considerations the Attorney General deems
relevant, except that in no case shall a handgun capable of piercing
the Body Armor Exemplar be deemed exempt from any restrictions under
this title by reason of sporting use.
``(3) The standards promulgated pursuant to this subsection shall
recognize that the Fabrique Nationale Herstal Five-seveN and Five-seveN
MK2 handguns were purposefully designed to fire ammunition capable of
penetrating body armor.
``(4) As used in this subsection, the term `Body Armor Exemplar'
means body armor that the Attorney General determines meets minimum
standards for the protection of law enforcement officers.''.
(c) Inclusion in Definition of Firearm.--Section 921(a)(3)(A) of
such title is amended by inserting ``, including an armor-piercing
handgun'' before the semicolon.
(d) Ban on Possession or Transfer.--Section 922(o) of such title is
amended--
(1) in paragraph (1), by inserting ``or armor-piercing
handgun'' after ``machinegun''; and
(2) in paragraph (2)--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(C) by adding at the end the following:
``(C) any otherwise lawful transfer or otherwise lawful
possession of an armor-piercing handgun that was lawfully
possessed before the date this subparagraph takes effect.''.
(e) Ban on Unauthorized Transport in Interstate or Foreign
Commerce.--Section 922 of such title is amended in each of subsections
(a)(4) and (b)(4) by inserting ``armor-piercing handgun,'' before
``machinegun''.
(f) Enhanced Penalties for Using, Carrying, or Possessing During
and in Relation to a Crime of Violence or Drug Trafficking Crime.--
Section 924(c)(1) of such title is amended in each of subparagraphs
(B)(ii) and (C)(ii) by inserting ``, an armor-piercing handgun,'' after
``machinegun''.
(g) Penalties for Conspiring To Commit an Offense Subject to
Certain Enhanced Penalties.--Section 924(o) of such title is amended by
inserting ``, armor-piercing handgun,'' after ``machinegun''.
(h) Exception From Requirement To Allow Importation of an
Unserviceable Firearm That Is a Curio or Museum Piece.--Section
925(d)(2) of such title is amended by inserting ``an armor-piercing
handgun or'' before ``a machinegun''.
(i) Exception From Concealed Firearms Allowed To Be Carried by
Qualified Law Enforcement Officers.--Section 926B(e)(3) of such title
is amended by redesignating subparagraphs (B) and (C) as subparagraphs
(C) and (D), respectively, and inserting after subparagraph (A) the
following:
``(B) any armor-piercing handgun;''.
(j) Exception From Concealed Firearms Allowed To Be Carried by
Qualified Retired Law Enforcement Officers.--Section 926C(e)(1)(C) of
such title is amended by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively, and inserting after clause (i)
the following:
``(ii) any armor-piercing handgun;''. | Protect Law Enforcement Armor Act or the PLEA Act This bill requires the Department of Justice (DOJ) to promulgate regulations for the uniform testing of firearms for their ability to penetrate the Body Armor Exemplar, which shall take into consideration various enumerated factors and any other considerations DOJ deems relevant, except in no case shall a handgun capable of piercing the Body Armor Exemplar be deemed exempt from any restrictions under federal firearms laws by reason of sporting use. The bill makes it unlawful to transfer or possess an armor-piercing handgun subject to several exceptions. The bill exempts such handguns from this prohibition if they are lawfully possessed before the date this bill becomes effective. The bill also prohibits any person from transporting in interstate or foreign commerce any armor-piercing handgun or any licensed importer, manufacturer or dealer from selling or delivering such handguns except as specifically authorized by DOJ consistent with public safety and necessity. Persons who use, carry, or possess an armor-piercing handgun in relation to any crime of violence or drug trafficking crime shall, in addition to the punishment provided for such crime, be subject to a 30-year mandatory minimum sentencing enhancement, and in the case of a second or subsequent conviction shall be imprisoned for life. Any person who conspires to commit such a crime shall be imprisoned for any term of years or life. The exemption allowing qualified law enforcement officers and qualified retired law enforcement officers to carry a concealed firearm does not apply to armor-piercing handguns. | {"src": "billsum_train", "title": "Protect Law Enforcement Armor Act"} | 1,583 | 351 | 0.549468 | 1.638806 | 0.689262 | 2.471631 | 4.361702 | 0.741135 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Family Protection
Act''.
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(z)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of the Social
Security Act (42 U.S.C. 423) is amended by adding at the end the
following:
``Last Payment of Benefit Terminated by Death
``(j)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of the Social Security Act (42 U.S.C. 428) is amended by adding at
the end the following:
``Last Payment of Benefit Terminated by Death
``(i)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH
OF RECIPIENT'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of the
Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of the Social Security
Act (42 U.S.C. 402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of the
Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of the Social
Security Act (42 U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social
Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: she remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries, or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social
Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: he remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which he dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
the Social Security Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social
Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: such parent dies, marries,'' in the matter following
subparagraph (E) and inserting ``ending with the month in which such
parent dies or (if earlier) with the month preceding the first month in
which any of the following occurs: such parent marries,''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of the Social
Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with
the month preceding whichever of the following months is the earliest:
the month in which he dies,'' in the matter following subparagraph (D)
and inserting the following: ``ending with the month in which he dies
or (if earlier) with whichever of the following months is the
earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by
striking ``the month preceding'' in the matter following paragraph (4).
(k) Exemption From Maximum Benefit Cap.--Section 203 of the Social
Security Act (42 U.S.C. 403) is amended by adding at the end the
following:
``Exemption From Maximum Benefit Cap
``(m) Notwithstanding any other provision of this section, the
application of this section shall be made without regard to any amount
received by reason of section 202(z), 223(j), or 228(i).''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the date that is 180 days after the date of the
enactment of this Act. | Social Security Family Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that a monthly OASDI benefit shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month. | {"src": "billsum_train", "title": "Social Security Family Protection Act"} | 2,174 | 83 | 0.560333 | 1.353336 | 0.17467 | 2.2 | 27.6 | 0.907692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Primary Care Enhancement Act of
2015''.
SEC. 2. TREATMENT OF DIRECT PRIMARY CARE SERVICE ARRANGEMENTS.
(a) In General.--Section 223(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(6) Treatment of direct primary care service
arrangements.--An arrangement under which an individual is
provided ongoing primary care services in exchange for a fixed
periodic fee which is not billed to any third party on a fee
for service basis--
``(A) shall not be treated as a health plan for
purposes of paragraph (1)(A)(ii), and
``(B) shall not be treated as insurance for
purposes of subsection (d)(2)(B).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 3. CERTAIN PROVIDER FEES TO BE TREATED AS MEDICAL CARE.
(a) In General.--Subsection (d) of section 213 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(12) Periodic provider fees.--The term `medical care'
shall include periodic fees paid to a primary care physician
for a defined set of medical services on an as-needed basis.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 4. MEDICARE PRIMARY CARE MEDICAL HOME DEMONSTRATION PROGRAM.
Section 1115A of title XI of the Social Security Act (42 U.S.C.
1315a) is amended--
(1) in subsection (b)(2)(A), in the last sentence, by
inserting ``, and shall include the model described in
subsection (h)'' before the period at the end; and
(2) by adding at the end the following new subsection:
``(h) Primary Care Medical Home Model.--
``(1) Model.--
``(A) In general.--The model described in this
subsection is a model under which qualified direct
primary care medical home practices are reimbursed a
periodic fee for furnishing services to an individual
enrolled under part B of title XVIII.
``(B) Qualified direct primary care medical home
practice.--In this subsection, the term `qualified
direct primary care medical home practice' means a
qualified direct primary care medical home practice
described in section 1301(a)(3) of the Patient
Protection and Affordable Care Act (as amended by
section 10104(a) of such Act).
``(2) Periodic fee.--
``(A) In general.--Subject to the succeeding
provisions of this paragraph, the Secretary shall
establish the periodic fee to be paid to qualified
direct primary care medical home practices
participating in the model under this subsection for
each individual enrolled in the practice.
``(B) Affordable primary care.--In no case may a
monthly equivalent of the periodic fee established by
the Secretary under subparagraph (A) exceed an amount
equal to twenty percent of the average per capita
monthly amount that the Secretary estimates will be
payable from the Federal Hospital Insurance Trust Fund
under section 1817 and from the Federal Supplementary
Medical Insurance Trust Fund for services and related
administrative costs for an individual under parts A
and B of title XVIII.
``(C) Adjustment to periodic fee.--
``(i) Performance benchmark.--The Secretary
shall establish a performance benchmark for a
year using the ACO quality measures in the
Medicare shared savings program under section
1899.
``(ii) Adjustment.--Beginning with the
second year the model under this subsection is
conducted, in the case of a qualified direct
primary care medical home practice
participating in the model under this
subsection--
``(I) that meets or exceeds the
performance benchmark for the year
under clause (i), the periodic fee paid
to the practice for each individual
enrolled in the practice shall be
increased by 5 percent; and
``(II) that does not meet the
performance benchmark for the year
under clause (i), the periodic fee paid
to the practice for each individual
enrolled in the practice shall be
reduced by 5 percent.
``(3) Termination if performance benchmark not net for 2
consecutive years.--The Secretary shall terminate the
participation of a qualified direct primary care medical home
practice in the model under this subsection if the practice
would otherwise be subject to the adjustment under paragraph
(2)(C)(ii)(II) for 2 consecutive years.
``(4) Scope of services.--Each qualified direct primary
care medical home practice shall employ the following
activities and functions associated with direct primary care
medical homes:
``(A) Preventive care.
``(B) Wellness counseling.
``(C) Primary care.
``(D) Coordination of primary care with specialty
and hospital care.
``(E) Availability of ongoing care appointments 7
days per week.
``(F) Secure e-mail and telephone consultation.
``(G) Availability of telephone access for ongoing
care consultation on a 7-day-per-week, 24-hour-per-day
basis.
``(H) Use of a primary care provider panel size
that promotes the ability of participating providers to
appropriately provide the scope of services described
in this paragraph.
``(5) Priority.--
``(A) In general.--In selecting qualified direct
primary care medical home practices to participate
under this subsection, the Secretary shall provide
priority to practices that seek to enroll individuals
who are dual eligible individuals.
``(B) Dual eligible individual.--In subparagraph
(A), the term `dual eligible individual' means an
individual who is--
``(i) enrolled under part B of title XVIII;
and
``(ii) described in subparagraph (A)(ii) of
section 1935(c)(6) of the Social Security Act
(42 U.S.C. 1396u-5(c)(6)), taking into account
the application of subparagraph (B) of such
section.
``(6) Not insurance.--Care provided in a qualified direct
primary care medical home practice participating in the model
under this subsection shall not be considered an insurance
product and shall not be subject to regulation as an insurance
product or health maintenance organization by State insurance
commissioners.
``(7) Reporting to secretary.--A qualified direct primary
care medical home practice participating in the model under
this subsection shall submit to the Secretary an annual report
on--
``(A) the progress, of individuals enrolled in the
practice with one or more chronic conditions, on the
following:
``(i) Emergency room visits.
``(ii) Hospitalizations.
``(iii) Surgeries (including type of
surgery).
``(iv) Specialist visits.
``(v) Use of advanced radiology (other than
mammograms and DEXA scans); and
``(B) such other areas determined appropriate by
the Secretary.
``(8) Provision of data to practices.--The Secretary shall
provide qualified direct primary care medical home practices
participating in the model under this subsection with all
necessary and relevant patient data, including any prior claims
data, needed for clinical purposes and for the purpose of
providing an evaluation of such the model under this
subsection.
``(9) Providers currently opted out of medicare.--
Notwithstanding section 1802(b), a physician or practitioner
who has currently opted out of the Medicare program under such
section may participate in a qualified direct primary care
medical home practice participating in the model under this
subsection and payment may be made under this title with
respect to items and services furnished by such physician or
practitioner under such model to Medicare beneficiaries with
whom the physician or practitioner has in effect a private
contract under such section.
``(10) Fraud.--A physician or practitioner who has been
excluded from participation in a Federal health care program
(as defined in section 1128C(f)) shall not be permitted to
participate in a qualified direct primary care medical home
practice under the model under this subsection.
``(11) Duration.--Subject to subsection (b)(3), the
Secretary shall conduct the model under this subsection for a
period of not less than 3 years.
``(12) Expansion.--Notwithstanding subsection (c), if the
Secretary determines, after the third year that the model under
this subsection is conducted, that--
``(A) a qualified direct primary care medical home
practice participating in the model under this
subsection meets the requirements under paragraphs (1),
(2), and (3) of such subsection, such practice shall
continue permanently as long as it continues to meet
such requirements and the other requirements of this
subsection; and
``(B) a majority of qualified direct primary care
medical home practice participating in the model under
this subsection meet the requirements under paragraphs
(1), (2), and (3) of such subsection, the Secretary
shall expand the model on a nationwide basis.''.
SEC. 5. USE OF DIRECT PRIMARY CARE MEDICAL HOMES UNDER THE MEDICARE
ADVANTAGE PROGRAM.
(a) In General.--Nothing in title XVIII of the Social Security Act
or any other provision of law shall be construed to prohibit a Medicare
Advantage organization offering a Medicare Advantage plan under part C
of such title from--
(1) contracting with a qualified direct primary care
medical home practice to offer primary care services under such
plan; or
(2) including in such contract provisions for shared
savings agreed upon between the Medicare Advantage organization
and the the qualified direct primary care medical home
practice.
(b) Qualified Direct Primary Care Medical Home Practice.--In this
section, the term ``qualified direct primary care medical home
practice'' means a qualified direct primary care medical home practice
described in section 1301(a)(3) of the Patient Protection and
Affordable Care Act (as amended by section 10104(a) of such Act). | Primary Care Enhancement Act of 2015 This bill amends the Internal Revenue Code to: (1) permit an individual to pay primary care service arrangement costs from a health savings account; (2) allow an eligible taxpayer enrolled in a high-deductible health plan to take a tax deduction for cash paid into a health savings account, even if the taxpayer is simultaneously enrolled in a primary care service arrangement; and (3) for purposes of certain tax-deductible expenses for medical care, expand the definition of "medical care" to include periodic provider fees. A "primary care service arrangement" is an exchange of ongoing primary care services for a fixed periodic fee which is not billed to any third party on a fee-for-service basis. The bill also amends title XI of the Social Security Act to require the Center for Medicare and Medicaid Innovation (CMI) to test a primary care medical home model for payment and service delivery. Under this type of model, qualified direct primary care medical home practices are reimbursed a periodic fee for serving Medicare enrollees. In selecting qualified direct primary care medical home practices to participate, CMI shall give priority to practices seeking to enroll dual-eligible individuals. CMI must conduct the model for at least three years, but, if specified conditions are met, CMI shall expand the model on a nationwide basis and a participating practice may continue permanently. | {"src": "billsum_train", "title": "Primary Care Enhancement Act of 2015"} | 2,226 | 299 | 0.636025 | 1.708919 | 0.650355 | 2.682836 | 7.697761 | 0.817164 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Employment in
Telecommunications Industry Act of 1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Dislocated worker; low-income individual.--The terms
``dislocated worker'' and ``low-income individual'' have the
meanings given the terms in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801).
(2) Low-income rural area.--The term ``low-income rural
area'' means a county that--
(A) has a 1996 population of not less than 60,000
and not more than 105,000 persons;
(B) contains a municipality with a 1996 population
of not less than 35,000 and not more than 50,000
persons;
(C) has a land area of not less than 5,500 and not
more than 6,100 square miles;
(D) has a population density of not less than 10
and not more than 20 persons per square mile;
(E) has a 1996 per capita income that is--
(i) not less than $16,000 and not more than
$16,500; and
(ii) not less than 86 and not more than 88
percent of the statewide per capita income for
the State in which the county is located; or
(F) is a county no part of which is--
(i) within an area designated as a standard
metropolitan statistical area by the Director
of the Office of Management and Budget; or
(ii) within an area designated as a
metropolitan statistical area by the Director
of the Office of Management and Budget; or
(G)(i) is experiencing a significant contraction in
the oil and natural gas exploration and development
industry;
(ii) experienced a plant closing within 1 year
before the date of enactment of this Act that
significantly impacted the county; or
(iii) is in close proximity to an Indian
reservation, as determined by the Bureau of Indian
Affairs.
(3) Intensive services.--The term ``intensive services''
means services described in section 134(d)(3) of the Workforce
Investment Act of 1998 (29 U.S.C. 2864(d)(3)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(5) State.--The term ``State'' means 1 of the several
States.
SEC. 3. RURAL EMPLOYMENT IN THE TELECOMMUNICATIONS INDUSTRY PROGRAM.
(a) In General.--The Secretary shall establish a program to promote
rural employment in the telecommunications industry. In carrying out
the program, the Secretary shall make grants to States for projects
described in subsection (b).
(b) Use of Funds.--A State that receives a grant under subsection
(a) shall use the funds made available through the grant to carry out a
State telecommunications employment and training project. In carrying
out the project, the State shall--
(1) train eligible individuals for new telecommunications
industry jobs that will be located in low-income rural areas
pursuant to arrangements with employers participating in the
project, including ensuring that individuals receive--
(A) intensive services;
(B) customized training and appropriate remedial
training described in paragraphs (2) and (3) of section
4; and
(C) appropriate supportive services; and
(2) arrange for the employment of the individuals in the
telecommunications industry jobs.
(c) Eligible Participants.--To be eligible to participate in a
project described in subsection (a), an individual shall be--
(1) a resident of a low-income rural area;
(2)(A) a low-income individual;
(B) a dislocated worker from the oil and natural gas
exploration and development industry;
(C) an out-of-school youth;
(D) an individual with a disability, as defined in section
101 of the Workforce Investment Act of 1998;
(E) an individual who is receiving, or who has received
within the past year, assistance under the State temporary
assistance for needy families program established under part A
of title IV of the Social Security Act (42 U.S.C. 601 et seq.)
or other public assistance;
(F) a veteran, as defined in section 101 of the Workforce
Investment Act of 1998;
(G) a displaced homemaker, as defined in section 101 of the
Workforce Investment Act of 1998;
(H) an older individual, as defined in section 101 of the
Workforce Investment Act of 1998;
(I) a homeless individual;
(J) an individual eligible to participate in activities
carried out under section 166 of the Workforce Investment Act
of 1998;
(K) an individual eligible to participate in employment and
training activities under section 134 of the Workforce
Investment Act of 1998;
(L) a long-term unemployed individual; or
(M) an individual with multiple barriers to employment; and
(3) an individual who has been assessed by the entity
carrying out the project and determined to need intensive
services.
(d) Limitation.--The Secretary shall make the grants to not more
than 3 States.
SEC. 4. APPLICATION AND STATE PLAN.
(a) Contents.--To be eligible to receive a grant under this Act, a
State shall submit an application to the Secretary of Labor at such
time, in such manner, and containing such information as the Secretary
may require, including a State plan that includes--
(1) information demonstrating how the project will train
and employ eligible individuals, including individuals
described in subparagraphs (C) through (M) of section 3(c)(2);
(2) an assurance that the project will include a customized
training program for the customer service and supervisory
competencies needed in the telecommunications industry jobs to
be located in the low-income rural areas served;
(3) an assurance that the project will include appropriate
remedial training in such areas as reading, writing, math, and
English as a second language for eligible individuals who the
entity carrying out the project assesses and determines need
such training;
(4) includes information describing linkages, including
linkages relating to providing supportive services for
participants in and graduates of the project, between--
(A) the entity carrying out the project; and
(B) one-stop operators (as defined in section 101
of the Workforce Investment Act of 1998), one-stop
partners (as defined in section 101 of the Workforce
Investment Act of 1998), State workforce investment
boards established under section 111 of such Act, and
local workforce investment boards established under
section 117 of such Act;
(5) information identifying certification criteria for
individuals who successfully complete the training;
(6) an assurance that employers participating in the
project will make available contributions to the costs of
assessing and training participants in the project including
those participants who are not eligible individuals described
in subparagraph (c) for the new telecommunications jobs in an
amount equal to not less than $1 for every $1 of Federal funds
provided under the grant;
(7)(A) an assurance that the project will include an
appropriate performance assessment program that will measure--
(i) the rate of completion of the training by
participants in the training;
(ii) the percentage of the participants who obtain
unsubsidized employment;
(iii) the wages of the participants at placement in
the employment; and
(iv) the percentage of the participants retained in
the employment after 6 months of employment; and
(B) an assurance that the entity carrying out the project
will annually submit to the Secretary the results of the
performance assessment program; and
(8)(A) information explaining how the activities carried
out through the project are linked to State economic
development activities; and
(B) information describing commitments from private sector
employers to locate new telecommunications jobs and facilities
within the low-income rural areas to be served, including
commitments to provide any needed upgrade in the
telecommunications infrastructure.
(b) Acceptance of Applications.--The Secretary shall accept
applications submitted under subsection (a) not later than 90 days
after the date of enactment of this Act.
(c) Evaluation of Applications.--The Secretary shall evaluate, and
approve or reject, each application submitted under subsection (a) that
meets the criteria described in subsections (a) and (b) not later than
60 days after submission of the application.
(d) Priority.--In determining which States receive grants under
subsection (a), the Secretary will give priority to a State submitting
a State plan describing a project that--
(1) will serve an area of high unemployment;
(2) will serve an area with a significant bilingual
population;
(3) will serve an area with a significant minority
population, including Native Americans;
(4) will serve an area with a high percentage of youth who
have failed to complete secondary school;
(5) will serve an area significantly impacted by the
contraction of the oil and natural gas exploration and
development industry;
(6) will serve an area significantly impacted by recent
plant closings; or
(7) is designed to create 1,000 or more new jobs within 2
years of the commencement of the training.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act for fiscal years 1999 through 2003. | Rural Employment in Telecommunications Industry Act of 1998 - Directs the Secretary of Labor to establish a program to promote rural employment in the telecommunications industry through grants to States for telecommunications employment and training projects. Requires such projects to train eligible individuals for new telecommunications industry jobs in low-income rural areas pursuant to arrangements with employers participating in the project. Includes as eligible individuals: (1) a resident of a low-income rural area; (2) a low-income individual; (3) a dislocated worker from the oil and natural gas exploration and development industry; (4) an out-of-school youth; (5) a disabled individual; (6) an individual receiving assistance under the State temporary assistance for needy families program (part A of title IV (Temporary Assistance for Needy Families) of the Social Security Act); (7) a veteran; (8) a displaced homemaker; (9) an older individual; (10) a homeless individual; (11) an individual eligible to participate in certain activities carried out under the Workforce Investment Act of 1998; (12) a long-term unemployed individual or individual with multiple barriers to employment; and (13) an individual who has been assessed and determined to need intensive services.
Allows the Secretary to make grants to no more than three States. Outlines application requirements, including submission of a State plan containing certain information and assurances. Provides a priority for the determination of grant awards.
Authorizes appropriations for FY 1999 through 2003. | {"src": "billsum_train", "title": "Rural Employment in Telecommunications Industry Act of 1998"} | 2,016 | 325 | 0.541193 | 1.649093 | 0.725776 | 4.326599 | 6.464646 | 0.919192 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Pay and Retirement Reform
Act of 1999''.
SEC. 2. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY AND REFORM OF
BASIC PAY RATES.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2000 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) January 1, 2000, Increase in Basic Pay.--Effective on January
1, 2000, the rates of monthly basic pay for members of the uniformed
services shall be increased by 4.4 percent.
(c) Reform of Basic Pay Rates.--Effective on July 1, 2000, the
rates of monthly basic pay for members of the uniformed services within
each pay grade are as follows:
COMMISSIONED OFFICERS\1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-10\2\......... $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 6,569.10 6,784.50 6,926.40 6,966.60 7,148.40
O-7............. 5,458.50 5,829.60 5,829.60 5,871.90 6,091.20
O-6............. 4,045.50 4,444.50 4,736.10 4,736.10 4,754.40
O-5............. 3,236.10 3,799.50 4,062.30 4,112.10 4,276.20
O-4............. 2,727.30 3,321.30 3,542.70 3,592.20 3,798.60
O-3\3\.......... 2,534.40 2,873.40 3,100.80 3,351.90 3,512.40
O-2\3\.......... 2,210.40 2,517.90 2,899.80 2,997.60 3,059.40
O-1\3\.......... 1,919.10 1,997.40 2,413.80 2,413.80 2,413.80
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-10\2\......... $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 7,443.00 7,512.30 7,794.60 7,876.20 8,119.20
O-7............. 6,258.30 6,451.20 6,643.80 6,837.00 7,443.00
O-6............. 4,958.40 4,985.70 4,985.70 5,152.50 5,769.00
O-5............. 4,276.20 4,404.90 4,642.50 4,953.60 5,268.30
O-4............. 3,966.00 4,236.90 4,447.20 4,593.60 4,740.90
O-3\3\.......... 3,688.50 3,835.50 4,024.80 4,123.20 4,123.20
O-2\3\.......... 3,059.40 3,059.40 3,059.40 3,059.40 3,059.40
O-1\3\.......... 2,413.80 2,413.80 2,413.80 2,413.80 2,413.80
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-10\2\......... $0.00 $10,614.3
0 $10,666.8
0 $10,888.8
0 $11,275.20
O-9............. 0.00 9,283.80 9,417.60 9,611.10 9,948.30
O-8............. 8,471.40 8,796.60 9,013.50 9,013.50 9,013.50
O-7............. 7,955.10 7,955.10 7,955.10 7,955.10 7,995.10
O-6............. 6,063.00 6,357.00 6,524.10 6,695.70 7,024.20
O-5............. 5,415.30 5,562.30 5,731.80 5,731.80 5,731.80
O-4............. 4,791.60 4,791.60 4,791.60 4,791.60 4,791.60
O-3\3\.......... 4,123.20 4,123.20 4,123.20 4,123.20 4,123.20
O-2\3\.......... 3,059.40 3,059.40 3,059.40 3,059.40 3,059.40
O-1\3\.......... 2,413.80 2,413.80 2,413.80 2,413.80 2,413.80
------------------------------------------------------------------------
\1\Notwithstanding the pay rates specified in this table, basic pay for
commissioned officers may not exceed the rate of basic pay for level V
of the Executive Schedule.
\2\While serving as Chairman or Vice Chairman of the Joint Chiefs of
Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of
Staff of the Air Force, Commandant of the Marine Corps, or Commandant
of the Coast Guard, basic pay for this grade is calculated to be
$12,441.00, regardless of cumulative years of service computed under
section 205 of title 37, United States Code. However, actual basic pay
for these officers may not exceed the rate of basic pay for level V of
the Executive Schedule.
\3\This table does not apply to commissioned officers in the grade O-1,
O-2, or O-3 who have been credited with over 4 years of active duty
service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 $3,351.90 $3,512.40
O-2E............ 0.00 0.00 0.00 2,997.60 3,059.40
O-1E............ 0.00 0.00 0.00 2,413.80 2,578.50
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ $3,688.50 $3,835.50 $4,024.80 $4,184.40 $4,275.60
O-2E............ 3,156.30 3,321.30 3,448.20 3,542.70 3,542.70
O-1E............ 2,673.60 2,770.50 2,866.80 2,997.60 2,997.60
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ $4,402.50 $4,402.50 $4,402.50 $4,402.50 $4,402.50
O-2E............ 3,542.70 3,542.70 3,542.70 3,542.70 3,542.70
O-1E............ 2,997.60 2,997.60 2,997.60 2,997.60 2,997.60
------------------------------------------------------------------------
WARRANT OFFICERS
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 2,582.10 2,777.70 2,857.80 2,937.60 3,071.70
W-3.............. 2,346.90 2,545.80 2,545.80 2,578.50 2,684.10
W-2.............. 2,055.60 2,223.90 2,223.90 2,297.10 2,413.80
W-1.............. 1,712.70 1,963.50 1,963.50 2,127.60 2,223.90
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,204.90 3,337.50 3,471.90 3,608.40 3,739.20
W-3.............. 2,804.40 2,962.80 3,059.40 3,164.70 3,285.60
W-2.............. 2,545.80 2,642.40 2,739.30 2,833.50 2,937.90
W-1.............. 2,323.80 2,424.00 2,523.60 2,624.10 2,724.30
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 $4,458.00 $4,611.00 $4,764.90 $4,918.50
W-4.............. 3,873.30 4,006.20 4,139.70 4,273.50 4,410.30
W-3.............. 3,405.60 3,525.60 3,645.60 3,765.90 3,886.20
W-2.............. 3,044.70 3,151.80 3,258.60 3,365.70 3,365.70
W-1.............. 2,824.20 2,899.80 2,899.80 2,899.80 2,899.80
------------------------------------------------------------------------
ENLISTED MEMBERS
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-9\1\........... $0.00 $0.00 $0.00 $0.00 $0.00
E-8.............. 0.00 0.00 0.00 0.00 0.00
E-7.............. 1,758.90 1,920.60 1,993.20 2,066.10 2,139.60
E-6.............. 1,513.20 1,671.90 1,746.00 1,817.40 1,892.70
E-5.............. 1,327.80 1,488.30 1,560.90 1,634.70 1,708.50
E-4.............. 1,238.10 1,368.00 1,441.80 1,514.40 1,587.90
E-3.............. 1,167.00 1,255.80 1,329.00 1,330.80 1,330.80
E-2.............. 1,123.20 1,123.20 1,123.20 1,123.20 1,123.20
E-1.............. \2\
1,001.70 1,001.70 1,001.70 1,001.70 1,001.70
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9\1\........... $0.00 $3,003.90 $3,071.70 $3,157.80 $3,259.20
E-8.............. 2,518.80 2,591.70 2,659.50 2,741.10 2,829.30
E-7.............. 2,212.50 2,285.40 2,359.50 2,430.90 2,504.40
E-6.............. 1,966.50 2,040.30 2,111.40 2,184.00 2,235.90
E-5.............. 1,783.50 1,855.20 1,928.70 1,929.00 1,929.00
E-4.............. 1,587.90 1,587.90 1,587.90 1,587.90 1,587.90
E-3.............. 1,330.80 1,330.80 1,330.80 1,330.80 1,330.80
E-2.............. 1,123.20 1,123.20 1,123.20 1,123.20 1,123.20
E-1.............. 1,001.70 1,001.70 1,001.70 1,001.70 1,001.70
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-9\1\........... $3,360.30 $3,460.20 $3,595.50 $3,729.60 $3,900.90
E-8.............. 2,921.40 3,014.40 3,149.10 3,282.90 3,471.90
E-7.............. 2,577.30 2,650.50 2,776.80 2,915.10 3,122.40
E-6.............. 2,274.60 2,274.60 2,274.60 2,274.60 2,274.60
E-5.............. 1,929.00 1,929.00 1,929.00 1,929.00 1,929.00
E-4.............. 1,587.90 1,587.90 1,587.90 1,587.90 1,587.90
E-3.............. 1,330.80 1,330.80 1,330.80 1,330.80 1,330.80
E-2.............. 1,123.20 1,123.20 1,123.20 1,123.20 1,123.20
E-1.............. 1,001.70 1,001.70 1,001.70 1,001.70 1,001.70
------------------------------------------------------------------------
\1\While serving as Sergeant Major of the Army, Master Chief Petty
Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant
Major of the Marine Corps, or Master Chief Petty Officer of the Coast
Guard, basic pay for this grade is $4,701.00, regardless of cumulative
years of service computed under section 205 of title 37, United States
Code.
\2\In the case of members in the grade E-1 who have served less than 4
months on active duty, basic pay is $926.70.
SEC. 3. RETIRED PAY COMPUTATION FORMULA FOR MEMBERS OF THE ARMED FORCES
WHO ENTERED MILITARY SERVICE ON OR AFTER AUGUST 1, 1986.
(a) Repeal of ``Redux'' Retired Pay Reduction Applicable to Post-
August 1, 1986, Members With Less Than 30 Years of Service.--Section
1409(b) of title 10, United States Code, is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraph (3) as paragraph (2); and
(3) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraph (2)''.
(b) Modification of Cost-of-Living Adjustment Applicable to Post-
August 1, 1986, Members.--Paragraph (3) of section 1401a of such title
is amended to read as follows:
``(3) Post-august 1, 1986 members.--
``(A) If the percent determined under paragraph (2)
is equal than or greater than 3 percent, the Secretary
shall increase the retired pay of each member and
former member who first became a member on or after
August 1, 1986, by the difference between--
``(i) the percent determined under
paragraph (2); and
``(ii) 1 percent.
``(B) If the percent determined under paragraph (2)
is less than 3 percent, the Secretary shall increase
the retired pay of each member and former member who
first became a member on or after August 1, 1986, by
the lesser of--
``(i) the percent determined under
paragraph (2); and
``(ii) 2 percent.''.
(c) Conforming Amendments.--
(1) Section 1410 of such title is amended--
(A) by striking ``on that date'' and all that
follows through ``increases in the retired pay'' and
inserting ``on that date if increases in the retired
pay'';
(B) by striking ``section); and'' and inserting
``section).'';
(C) by striking paragraph (2); and
(D) by amending the section heading to read as
follows:
``Sec. 1410. Restoral of cost-of-living adjustment amount at age 62 for
members entering on or after August 1, 1986''.
(2) The table of sections at the beginning of chapter 71 of
such title is amended to read as follows:
``1410. Restoral of cost-of-living adjustment amount at age 62 for
members entering on or after August 1,
1986.''.
(3) Chapter 73 of such title is amended as follows:
(A) Section 1447(6)(A) is amended by striking
``(determined without regard to any reduction under
section 1409(b)(2) of this title)''.
(B) Section 1451(h) is amended by striking
paragraph (3).
(C) Section 1452(c) is amended by striking
paragraph (4).
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999. | Military Pay and Retirement Reform Act of 1999 - Waives during FY 2000 any required adjustment in the rates of monthly military basic pay in conformance with the General Schedule of the Federal Government. Increases such pay by 4.4 percent, effective on January 1, 2000. Provides an increase in such pay as of July 1, 2000, for officers and enlisted personnel within specified pay grades.
Repeals a Federal provision which provides a formula reduction in the retired pay of military personnel who first become members after July 31, 1986, and had creditable military service of less than 30 years. Directs the Secretary of Defense to increase the annual retired pay of such members under a revised formula which takes into account annual cost-of-living increases. | {"src": "billsum_train", "title": "Military Pay and Retirement Reform Act of 1999"} | 4,026 | 152 | 0.489886 | 1.26672 | 0.650949 | 1.902098 | 18.020979 | 0.811189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carlsbad Irrigation Project Acquired
Land Transfer Act''.
SEC. 2. CONVEYANCE.
(a) Lands and Facilities.--
(1) In general.--Except as provided in paragraph (2), and
subject to subsection (c), the Secretary of the Interior (in
this Act referred to as the ``Secretary'') may convey to the
Carlsbad Irrigation District (a quasi-municipal corporation
formed under the laws of the State of New Mexico and in this
Act referred to as the ``District''), all right, title, and
interest of the United States in and to the lands described in
subsection (b) (in this Act referred to as the ``acquired
lands'') and all interests the United States holds in the
irrigation and drainage system of the Carlsbad Project and all
related lands including ditch rider houses, maintenance shop
and buildings, and Pecos River Flume.
(2) Limitation.--
(A) Retained surface rights.--The Secretary shall
retain title to the surface estate (but not the mineral
estate) of such acquired lands which are located under
the footprint of Brantley and Avalon dams or any other
project dam or reservoir division structure.
(B) Storage and flow easement.--The Secretary shall
retain storage and flow easements for any tracts
located under the maximum spillway elevations of Avalon
and Brantley Reservoirs.
(b) Acquired Lands Described.--The lands referred to in subsection
(a) are those lands (including the surface and mineral estate) in Eddy
County, New Mexico, described as the acquired lands and in section (7)
of the ``Status of Lands and Title Report: Carlsbad Project'' as
reported by the Bureau of Reclamation in 1978.
(c) Terms and Conditions of Conveyance.--Any conveyance of the
acquired lands under this Act shall be subject to the following terms
and conditions:
(1) Management and use, generally.--The conveyed lands
shall continue to be managed and used by the District for the
purposes for which the Carlsbad Project was authorized, based
on historic operations and consistent with the management of
other adjacent project lands.
(2) Assumed rights and obligations.--Except as provided in
paragraph (3), the District shall assume all rights and
obligations of the United States under--
(A) the agreement dated July 28, 1994, between the
United States and the Director, New Mexico Department
of Game and Fish (Document No. 2-LM-40-00640), relating
to management of certain lands near Brantley Reservoir
for fish and wildlife purposes; and
(B) the agreement dated March 9, 1977, between the
United States and the New Mexico Department of Energy,
Minerals, and Natural Resources (Contract No. 7-07-57-
X0888) for the management and operation of Brantley
Lake State Park.
(3) Exceptions.--In relation to agreements referred to in
paragraph (2)--
(A) the District shall not be obligated for any
financial support agreed to by the Secretary, or the
Secretary's designee, in either agreement; and
(B) the District shall not be entitled to any
receipts for revenues generated as a result of either
agreement.
(d) Completion of Conveyance.--If the Secretary does not complete
the conveyance within 180 days from the date of enactment of this Act,
the Secretary shall submit a report to the Congress within 30 days
after that period that includes a detailed explanation of problems that
have been encountered in completing the conveyance, and specific steps
that the Secretary has taken or will take to complete the conveyance.
SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED
LANDS.
(a) Identification and Notification of Leaseholders.--Within 120
days after the date of enactment of this Act, the Secretary of the
Interior shall--
(1) provide to the District a written identification of all
mineral and grazing leases in effect on the acquired lands on
the date of enactment of this Act; and
(2) notify all leaseholders of the conveyance authorized by
this Act.
(b) Management of Mineral and Grazing Leases, Licenses, and
Permits.--The District shall assume all rights and obligations of the
United States for all mineral and grazing leases, licenses, and permits
existing on the acquired lands conveyed under section 2, and shall be
entitled to any receipts from such leases, licenses, and permits
accruing after the date of conveyance. All such receipts shall be used
for purposes for which the Project was authorized and for financing the
portion of operations, maintenance, and replacement of the Summer Dam
which, prior to conveyance, was the responsibility of the Bureau of
Reclamation, with the exception of major maintenance programs in
progress prior to conveyance which shall be funded through the cost
share formulas in place at the time of conveyance. The District shall
continue to adhere to the current Bureau of Reclamation mineral leasing
stipulations for the Carlsbad Project.
(c) Availability of Amounts Paid Into Reclamation Fund.--
(1) Existing receipts.--Receipts in the reclamation fund on
the date of enactment of this Act which exist as construction
credits to the Carlsbad Project under the terms of the Mineral
Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be
deposited in the General Treasury and credited to deficit
reduction or retirement of the Federal debt.
(2) Receipts after enactment.--Of the receipts from mineral
and grazing leases, licenses, and permits on acquired lands to
be conveyed under section 2, that are received by the United
States after the date of enactment and before the date of
conveyance--
(A) not to exceed $200,000 shall be available to
the Secretary for the actual costs of implementing this
Act with any additional costs shared equally between
the Secretary and the District; and
(B) the remainder shall be deposited into the
General Treasury of the United States and credited to
deficit reduction or retirement of the Federal debt.
SEC. 4. VOLUNTARY WATER CONSERVATION PRACTICES.
Nothing in this Act shall be construed to limit the ability of the
District to voluntarily implement water conservation practices.
SEC. 5. LIABILITY.
Effective on the date of conveyance of any lands and facilities
authorized by this Act, the United States shall not be held liable by
any court for damages of any kind arising out of any act, omission, or
occurrence relating to the conveyed property, except for damages caused
by acts of negligence committed by the United States or by its
employees, agents, or contractors, prior to conveyance. Nothing in this
section shall be considered to increase the liability of the United
States beyond that provided under chapter 171 of title 28, United
States Code, popularly known as the Federal Tort Claims Act.
SEC. 6. FUTURE BENEFITS.
Effective upon transfer, the lands and facilities transferred
pursuant to this Act shall not be entitled to receive any further
Reclamation benefits pursuant to the Reclamation Act of June 17, 1902,
and Acts supplementary thereof or amendatory thereto attributable to
their status as part of a Reclamation Project.
Passed the Senate October 7 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | Carlsbad Irrigation Project Acquired Land Transfer Act
- Authorizes the Secretary of the Interior to convey to the Carlsbad Irrigation District specified lands and interests within the Carlsbad Project in New Mexico.
Requires a report from the Secretary to the Congress if the conveyance is not completed within 180 days after the enactment of this Act.
Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on such lands; and (2) notify all such leaseholders of the conveyance made by this Act. Requires receipts from leases, licenses, and permits accruing after the conveyance date to be used for Project purposes and for financing the portion of operations, maintenance, and replacement of the Summer Dam which, prior to conveyance, was the responsibility of the Bureau of Reclamation, with the exception of major maintenance programs in progress prior to the conveyance. Requires receipts paid into the reclamation fund as construction credits to the Project to be credited to deficit reduction or retirement of the Federal debt. | {"src": "billsum_train", "title": "Carlsbad Irrigation Project Acquired Land Transfer Act"} | 1,695 | 240 | 0.59965 | 1.927925 | 0.711912 | 4.695876 | 7.546392 | 0.93299 |
SECTION 1. MEDICAL TRIBUNAL PILOT PROGRAMS.
(a) Authorization.--The Secretary of Health and Human Services is
authorized to make grants to 5 States to establish pilot programs under
which each medical malpractice case is heard in the first instance by a
medical tribunal composed of a State trial court judge, a physician,
and a lawyer.
(b) Eligibility.--The Secretary may only award a grant under this
section to a State that--
(1) has an average cost of medical malpractice insurance
that exceeds the national average of such cost;
(2) has not--
(A) placed a limit on noneconomic damages in
medical malpractice cases; or
(B) established or begun to establish a medical
tribunal program similar to that described in
subsection (e); and
(3) submits an application at such time, in such form, and
accompanied by such information and assurances as the Secretary
may require.
(c) Duration of Grant.--A grant under this section shall be awarded
over 3 fiscal years.
(d) Use of Funds.--A State that receives a grant under this section
shall use grant funds to establish and administer a medical tribunal
pilot program in accordance with subsection (e).
(e) Requirements for Medical Tribunal Pilot Program.--The medical
tribunal pilot program required by subsection (d) shall include the
following elements:
(1) Hearing of case in first instance.--Each medical
malpractice case filed in the courts of the State shall be
heard in the first instance by a medical tribunal.
(2) Determination by medical tribunal.--The medical
tribunal shall hear all evidence that would be admissible in
the courts of the State and determine whether such evidence
would be sufficient to support a finding for the plaintiff.
(3) Effect of medical tribunal's determination.--
(A) If the medical tribunal determines that the
evidence would be sufficient to support a finding for
the plaintiff, the plaintiff may pursue the case
through the State's usual judicial process.
(B) If the medical tribunal determines that the
evidence would be insufficient to support a finding for
the plaintiff, the plaintiff may pursue the case
through the State's usual judicial process only after
filing with the clerk of the court in which the case is
pending a bond in an amount determined to be
appropriate by the State trial court judge serving on
the tribunal.
(4) Composition of medical tribunal.--
(A) In general.--A medical tribunal shall be
composed of a State trial court judge, a physician
licensed to practice medicine in the State, and a
lawyer licensed to practice law in the State.
(B) Selection of physician and lawyer.--The State
trial court judge who will serve on a medical tribunal
shall select the physician from a list provided by the
State medical society or association and the lawyer
from a list provided by the State bar association.
(C) Defendant other than physician.--If the
defendant in a medical malpractice case is a health
care provider other than a physician, then a
practitioner in such other field of health care shall
serve on the medical tribunal instead of a physician.
The State trial court judge who will serve on the
tribunal shall select such practitioner in a manner the
judge considers appropriate.
(f) Study of Effectiveness of Medical Tribunals and Report to
Congress.--
(1) Study.--After the end of the 3rd fiscal year in which
grant funds are paid under this section, the Secretary shall
collect from each State that received grant funds the following
data:
(A) Any change between the 3-year period preceding
the State's receipt of grant funds and the period
during which it received grant funds, and between the
1st and 2nd and the 2nd and 3rd years in which the
State received grant funds, in--
(i) the average cost of medical malpractice
insurance;
(ii) the number of physicians actively
practicing medicine;
(iii) the number of medical malpractice
liability insurance carriers; and
(iv) the amounts paid by medical
malpractice liability insurance carriers
pursuant to settlements or judgments in cases
against their insureds.
(B) The percentage of medical malpractice cases
considered meritorious by the medical tribunal that
were settled prior to trial, compared to the percentage
of all medical malpractice cases filed in the 3-year
period preceding the State's receipt of grant funds
that were settled prior to trial.
(C) The number of medical malpractice cases
considered meritorious by the medical tribunal that
were tried to a judgment, and the number of such
judgments that were for the plaintiff.
(D) The number of medical malpractice cases
considered nonmeritorious by the medical tribunal that
were tried to a judgment, and the number of such
judgments that were for the plaintiff.
(2) Report to congress.--Not later than 18 months after the
end of the 3rd fiscal year in which grant funds are paid under
this section, the Secretary shall submit to Congress a report
setting forth the data collected under paragraph (1).
(3) Cases considered meritorious.--For purposes of
paragraph (1), a case is considered meritorious by the medical
tribunal if the tribunal found that the evidence would be
sufficient to support a finding for the plaintiff, and a case
is considered nonmeritorious by the medical tribunal if the
tribunal found that the evidence would be insufficient to
support a finding for the plaintiff.
(g) Medical Malpractice Case Defined.--In this section, the term
``medical malpractice case'' means a civil action against a health care
provider in which the plaintiff alleges harm arising from an error or
breach of the standard of care by the health care provider in treating
the plaintiff.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
fiscal years 2011 through 2013. | Authorizes the Secretary of Health and Human Services (HHS) to make grants to five states to establish pilot programs under which: (1) each medical malpractice case is heard in the first instance by a medical tribunal composed of a state trial court judge, a physician, and a lawyer; and (2) the tribunal shall hear all evidence that would be admissible in state court and determine whether it would be sufficient to support a finding for the plaintiff. Permits the plaintiff to pursue a case through the state's usual judicial process: (1) if the tribunal determines that the evidence would be sufficient; or (2) if the tribunal determines that the evidence would be insufficient, but only after filing with the clerk of the court a bond in an amount determined by the state trial court judge.
Permits the Secretary to award a grant to only a state that: (1) has an average cost of medical malpractice insurance that exceeds the national average; and (2) has not placed a limit on noneconomic damages in medical malpractice cases or established a medical tribunal program similar to the one described in this Act.
Directs the Secretary to collect from each state that receives grant funds, after the end of the third fiscal year, certain data regarding: (1) changes in the average cost of medical malpractice insurance, the number of physicians actively practicing medicine, the number of medical malpractice liability insurance carriers, the amounts paid by such carriers pursuant to settlements or judgments, and the percentage of medical malpractice cases settled prior to trial; and (2) the number of cases that were considered meritorious by the tribunal, and the number that were considered nonmeritorious, that were tried to a judgment and the number of such judgments that were for the plaintiff. | {"src": "billsum_train", "title": "To authorize the Secretary of Health and Human Services to make grants to 5 States to establish medical malpractice tribunal pilot programs, and for other purposes."} | 1,253 | 364 | 0.812139 | 2.705376 | 0.927174 | 4.741176 | 3.482353 | 0.952941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century STEM for Girls and
Underrepresented Minorities Act''.
SEC. 2. GRANTS TO PREPARE GIRLS AND UNDERREPRESENTED MINORITIES.
Title IV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7101 et seq.) is amended by adding at the end the following:
``PART G--PREPARING GIRLS AND UNDERREPRESENTED MINORITIES FOR THE 21ST
CENTURY
``SEC. 4701. PROGRAM AUTHORITY.
``(a) In General.--From funds provided under section 4702, the
Secretary is authorized to provide grants to local educational agencies
on behalf of elementary and secondary schools to establish and
implement a program to encourage the ongoing development of programs
and curriculum for girls and underrepresented minorities in science,
mathematics, engineering, and technology and to prepare girls and
underrepresented minorities to pursue undergraduate and graduate
degrees and careers in science, mathematics, engineering, or
technology.
``(b) Application.--
``(1) In general.--To be eligible to receive a grant, or
enter into a contract or cooperative agreement, under this
part, a local educational agency shall submit an application to
the Secretary at such time, in such form, and containing such
information as the Secretary may reasonably require.
``(2) Contents.--The application shall contain, at a
minimum, the following:
``(A) A program description, including the content
of the program and the research and models used to
design the program.
``(B) A description of the collaboration between
elementary and secondary schools to fulfill goals of
the program and how the applicant will ensure that
there is a comprehensive plan to improve science,
mathematics, engineering, and technology education for
girls and underrepresented minorities in grades
kindergarten through 12.
``(C) A description of the process for recruitment
and selection of participants.
``(D) A description of the planned instructional
and motivational activities.
``(E) A description of any collaboration among
local, regional, or national institutions and
organizations that will occur in order to fulfill the
goals of the program.
``(3) Priority.--In selecting among applications, the
Secretary shall give priority to applicants that partner or
coordinate, to the extent possible, with local, regional, or
national institutions and organizations who have extensive
experience, expertise and research on increasing the
participation of girls or underrepresented minorities in
science, mathematics, engineering and technology.
``(c) Use of Funds.--Funds provided under this section shall be
used for the following:
``(1) Preparing girls and underrepresented minorities with
careers in science, mathematics, engineering, and technology,
and the advantages of pursuing careers in these areas.
``(2) Educating the parents of girls and underrepresented
minorities about the opportunities and advantages of science,
mathematics, engineering, and technology careers.
``(3) Enlisting the help of the parents of girls and
underrepresented minorities in overcoming the obstacles these
groups face and encouraging their child's continued interest
and involvement in science, mathematics, engineering, and
technology.
``(4) Providing tutoring and mentoring programs in science,
mathematics, engineering, and technology.
``(5) Establishing partnerships and other opportunities
that expose girls and underrepresented minorities to role
models in the fields of science, mathematics, engineering and
technology.
``(6) Enabling female and underrepresented minority
students and their teachers to attend events and academic
programs in science, mathematics, engineering, and technology.
``(7) Providing after-school activities designed to
encourage interest, and develop skills of girls and
underrepresented minorities, in science, mathematics,
engineering, and technology.
``(8) Summer programs designed in order that girls and
underrepresented minorities develop an interest in, develop
skills in, and understand the relevance and significance of,
science, mathematics, engineering, and technology.
``(9) Purchasing--
``(A) educational instructional materials or
software designed to encourage interest of girls and
underrepresented minorities in science, mathematics,
engineering, and technology; or
``(B) equipment, instrumentation, or hardware used
for teaching and to encourage interest of girls and
underrepresented minorities in science, mathematics,
engineering, and technology.
``(10) Field trips to locations, including institutions of
higher education, to educate and encourage girls' and
underrepresented minorities' interest in science, mathematics,
engineering, and technology and acquaint them with careers in
these fields.
``(11) Providing academic advice and assistance in high
school course selection that encourages girls and
underrepresented minorities to take advanced courses in areas
of science, technology, engineering, and mathematics.
``(12) Paying up to 50 percent of the cost of an internship
in science, mathematics, engineering, or technology for female
and underrepresented minority students.
``(13) Providing professional development for teachers and
other school personnel, including--
``(A) how to eliminate gender and racial bias in
the classroom;
``(B) how to be sensitive to gender and racial
differences;
``(C) how to engage students in the face of gender-
based and racial peer pressure and parental
expectations;
``(D) how to create and maintain a positive
environment; and
``(E) how to encourage girls and underserved
minorities through academic advice and assistance to
pursue advanced classes and careers in science,
mathematics, engineering, and technology fields.
``(d) Supplement, Not Supplant.--The Secretary shall require each
local educational agency to use the assistance provided under this
section only to supplement, and not to supplant, any other assistance
or funds made available from non-Federal sources for the activities
assisted under this section.
``(e) Evaluations.--Each local educational agency that receives
funds under this section shall provide the Secretary, at the conclusion
of every school year during which the funds are received, with an
evaluation, in a form prescribed by the Secretary. This evaluation
shall include--
``(1) a description of the programs and activities
conducted by the local educational agency using the funds;
``(2) data on curriculum and partnerships developed using
the funds;
``(3) data on the amount of time spent on subjects allowed
for under the grant; and
``(4) such other information as may be required by the
Secretary.
``SEC. 4702. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$5,000,000 for fiscal year 2018 and such sums as may be necessary for
each of the 4 succeeding fiscal years.''. | 21st Century STEM for Girls and Underrepresented Minorities Act This bill amends the Elementary and Secondary Education Act of 1965 to authorize the Department of Education to provide grants to local educational agencies to encourage the ongoing development of programs and curricula for girls and underrepresented minorities in science, technology, engineering, and mathematics and prepare those students to pursue undergraduate and graduate degrees and careers in such fields. | {"src": "billsum_train", "title": "21st Century STEM for Girls and Underrepresented Minorities Act"} | 1,441 | 95 | 0.565944 | 1.45614 | 0.980465 | 4.591549 | 19.788732 | 0.873239 |
SECTION 1. CONTINUED BENEFITS FOR CERTAIN SENATE RESTAURANTS EMPLOYEES.
(a) Definitions.--In this section:
(1) Contractor.--The term ``contractor'' means the private
business concern that enters into a food services contract with the
Architect of the Capitol.
(2) Covered individual.--The term ``covered individual'' means
any individual who--
(A) is a Senate Restaurants employee who is an employee of
the Architect of the Capitol on the date of enactment of this
Act, including--
(i) a permanent, full-time or part-time employee;
(ii) a temporary, full-time or part-time employee; and
(iii) an employee in a position described under the
second or third provisos under the subheading ``senate
office buildings'' under the heading ``Capitol Buildings
and Grounds'' under the heading ``ARCHITECT OF THE
CAPITOL'' in the Legislative Branch Appropriations Act,
1972 (2 U.S.C. 2048);
(B) becomes an employee of the contractor under a food
services contract on the transfer date; and
(C) with respect to benefits under subsection (c)(2) or
(3), files an election before the transfer date with the Office
of Human Resources of the Architect of the Capitol to have 1 or
more benefits continued in accordance with this section.
(3) Food services contract.--The term ``food services
contract'' means a contract under which food services operations of
the Senate Restaurants are transferred to, and performed by, a
private business concern.
(4) Transfer date.--The term ``transfer date'' means the date
on which a contractor begins the performance of food services
operations under a food services contract.
(b) Election of Coverage.--
(1) In general.--
(A) Retirement coverage.--Not later than the day before the
transfer date, an individual described under subsection
(a)(2)(A) and (B) may file an election with the Office of Human
Resources of the Architect of the Capitol to continue coverage
under the retirement system under which that individual is
covered on that day.
(B) Life and health insurance coverage.--If the individual
files an election under subparagraph (A) to continue retirement
coverage, the individual may also file an election with the
Office of Human Resources of the Architect of the Capitol to
continue coverage of any other benefit under subsection (c)(2)
or (3) for which that individual is covered on that day. Any
election under this subparagraph shall be filed not later than
the day before the transfer date.
(2) Notification to the office of personnel management.--The
Office of Human Resources of the Architect of the Capitol shall
provide timely notification to the Office of Personnel Management
of any election filed under paragraph (1).
(c) Continuity of Benefits.--
(1) Pay.--The rate of basic pay of a covered individual as an
employee of a contractor, or successor contractor, during a period
of continuous service may not be reduced to a rate less than the
rate of basic pay paid to that individual as an employee of the
Architect of the Capitol on the day before the transfer date,
except for cause.
(2) Retirement and life insurance benefits.--
(A) In general.--For purposes of chapters 83, 84, and 87 of
title 5, United States Code--
(i) any period of continuous service performed by a
covered individual as an employee of a contractor, or
successor contractor, shall be deemed to be a period of
service as an employee of the Architect of the Capitol; and
(ii) the rate of basic pay of the covered individual
during the period described under clause (i) shall be
deemed to be the rate of basic pay of that individual as an
employee of the Architect of the Capitol on the date on
which the Architect of the Capitol enters into the food
services contract.
(B) Treatment as civil service retirement offset
employees.--In the case of a covered individual who on the day
before the transfer date is subject to subchapter III of
chapter 83 of title 5, United States Code, but whose employment
with the Architect of the Capitol is not employment for
purposes of title II of the Social Security Act and chapter 21
of the Internal Revenue Code of 1986--
(i) the employment described under subparagraph (A)(i)
shall, for purposes of subchapter III of chapter 83 of
title 5, United States Code, be deemed to be--
(I) employment of an individual described under
section 8402(b)(2) of title 5, United States Code; and
(II) Federal service as defined under section
8349(c) of title 5, United States Code; and
(ii) the basic pay described under subparagraph (A)(ii)
for employment described under subparagraph (A)(i) shall be
deemed to be Federal wages as defined under section
8334(k)(2)(C)(i) of title 5, United States Code.
(3) Health insurance benefits.--For purposes of chapters 89,
89A, and 89B of title 5, United States Code, any period of
continuous service performed by a covered individual as an employee
of a contractor, or successor contractor, shall be deemed to be a
period of service as an employee of the Architect of the Capitol.
(4) Leave.--
(A) Credit of leave.--Subject to section 6304 of title 5,
United States Code, annual and sick leave balances of any
covered individual shall be credited to the leave accounts of
that individual as an employee of the contractor, or any
successor contractor. A food services contract may include
provisions similar to regulations prescribed under section 6308
of title 5, United States Code, to implement this subparagraph.
(B) Accrual rate.--During any period of continuous service
performed by a covered individual as an employee of a
contractor, or successor contractor, that individual shall
continue to accrue annual and sick leave at rates not less than
the rates applicable to that individual on the day before the
transfer date.
(C) Technical and conforming amendment.--The second and
third provisos under the subheading ``senate office buildings''
under the heading ``Capitol Buildings and Grounds'' under the
heading ``ARCHITECT OF THE CAPITOL'' in the Legislative Branch
Appropriations Act, 1972 (2 U.S.C. 2048) are repealed.
(5) Transit subsidy.--For purposes of any benefit under section
7905 of title 5, United States Code, any period of continuous
service performed by a covered individual as an employee of a
contractor, or successor contractor, shall be deemed to be a period
of service as an employee of the Architect of the Capitol.
(6) Employee pay; government contributions; transit subsidy
payments; and other benefits.--
(A) Payment by contractor.--A contractor, or any successor
to the contractor, shall pay--
(i) the pay of a covered individual as an employee of a
contractor, or successor contractor, during a period of
continuous service;
(ii) Government contributions for the benefits of a
covered individual under paragraph (2) or (3);
(iii) any transit subsidy for a covered individual
under paragraph (5); and
(iv) any payment for any other benefit for a covered
individual in accordance with a food services contract.
(B) Reimbursements and payments by architect of the
capitol.--From appropriations made available to the Architect
of the Capitol under the heading ``Senate Office Buildings''
under the heading ``ARCHITECT OF THE CAPITOL'', the Architect
of the Capitol shall--
(i) reimburse a contractor, or any successor
contractor, for that portion of any payment under
subparagraph (A) which the Architect of the Capitol agreed
to pay under a food services contract; and
(ii) pay a contractor, or any successor contractor, for
any administrative fee (or portion of an administrative
fee) which the Architect of the Capitol agreed to pay under
a food services contract.
(7) Regulations.--
(A) Office of personnel management.--
(i) In general.--After consultation with the Architect
of the Capitol, the Director of the Office of Personnel
Management shall prescribe regulations to provide for the
continuity of benefits under paragraphs (2) and (3).
(ii) Contents.--Regulations under this subparagraph
shall--
(I) include regulations relating to employee
deductions and employee and employer contributions and
deposits in the Civil Service Retirement and Disability
Fund, the Employees' Life Insurance Fund, and the
Employees Health Benefits Fund; and
(II) provide for the Architect of the Capitol to
perform employer administrative functions necessary to
ensure administration of continued coverage of benefits
under paragraphs (2) and (3), including receipt and
transmission of the deductions, contributions, and
deposits described under subclause (I), the collection
and transmission of such information as necessary, and
the performance of other administrative functions as
may be required.
(B) Thrift savings plan benefits.--After consultation with
the Architect of the Capitol, the Executive Director appointed
by the Federal Retirement Thrift Investment Board under section
8474(a) of title 5, United States Code, shall prescribe
regulations to provide for the continuity of benefits under
paragraph (2) of this subsection relating to subchapter III of
chapter 84 of that title. Regulations under this subparagraph
shall include regulations relating to employee deductions and
employee and employer contributions and deposits in the Thrift
Savings Fund.
(d) Covered Individuals Not Entitled to Severance Pay.--
(1) In general.--Except as provided under paragraph (2), a
covered individual shall not be entitled to severance pay under
section 5595 of title 5, United States Code, by reason of--
(A) separation from service with the Architect of the
Capitol and becoming an employee of a contractor under a food
services contract; or
(B) termination of employment with a contractor, or
successor to a contractor.
(2) Separation during 90-day period.--
(A) In general.--
(i) Covered individuals.--Except as provided under
clause (ii), a covered individual shall be entitled to
severance pay under section 5595 of title 5, United States
Code, if during the 90-day period following the transfer
date the employment of that individual with a contractor is
terminated as provided under a food services contract.
(ii) Exception.--Clause (i) shall not apply to a
covered individual who is terminated for cause.
(B) Treatment.--For purposes of section 5595 of title 5,
United States Code--
(i) any period of continuous service performed by a
covered individual described under subparagraph (A) as an
employee of a contractor shall be deemed to be a period of
service as an employee of the Architect of the Capitol; and
(ii) any termination of employment of a covered
individual described under subparagraph (A) with a
contractor shall be treated as a separation from service
with the Architect of the Capitol.
(e) Voluntary Separation Incentive Payments.--
(1) Submission of plan.--Not later than 30 days after the date
of enactment of this Act, the Architect of the Capitol shall submit
a plan under section 210 of the Legislative Branch Appropriations
Act, 2005 (2 U.S.C. 60q) to the applicable committees as provided
under that section.
(2) Plan.--
(A) In general.--Notwithstanding section 210(e) of the
Legislative Branch Appropriations Act, 2005 (2 U.S.C. 60q(e)),
the plan submitted under this subsection shall--
(i) offer a voluntary separation incentive payment to
any employee described under subsection (a)(2)(A) of this
section in accordance with section 210 of that Act; and
(ii) offer such a payment to any such employee who
becomes a covered individual, if that individual accepts
the offer during the 90-day period following the transfer
date.
(B) Treatment of covered individuals.--For purposes of the
plan under this subsection--
(i) any period of continuous service performed by a
covered individual as an employee of a contractor shall be
deemed to be a period of service as an employee of the
Architect of the Capitol; and
(ii) any termination of employment of a covered
individual with a contractor shall be treated as a
separation from service with the Architect of the Capitol.
(f) Early Retirement Treatment for Certain Separated Employees.--
(1) In general.--This subsection applies to--
(A) an employee of the Senate Restaurants of the Office of
the Architect of the Capitol who--
(i) voluntarily separates from service on or after the
date of enactment of this Act, but prior to the day before
the transfer date; and
(ii) on such date of separation--
(I) has completed 25 years of service as defined
under section 8331(12) or 8401(26) of title 5, United
States Code; or
(II) has completed 20 years of such service and is
at least 50 years of age; and
(B) except as provided under paragraph (2), a covered
individual--
(i) whose employment with a contractor is terminated as
provided under a food services contract during the 90-day
period following the transfer date; and
(ii) on the date of such termination--
(I) has completed 25 years of service as defined
under section 8331(12) or 8401(26) of title 5, United
States Code; or
(II) has completed 20 years of such service and is
at least 50 years of age.
(2) Exception.--Paragraph (1)(B) shall not apply to a covered
individual who is terminated for cause.
(3) Treatment.--
(A) Annuity.--Notwithstanding any provision of chapter 83
or 84 of title 5, United States Code, an employee described
under paragraph (1) is entitled to an annuity which shall be
computed consistent with the provisions of law applicable to
annuities under section 8336(d) or 8414(b) of title 5, United
States Code.
(B) Separation during 90-day period.--For purposes of
chapter 83 or 84 of title 5, United States Code--
(i) any period of continuous service performed by a
covered individual described under paragraphs (1)(B) and
(2) as an employee of a contractor shall be deemed to be a
period of service as an employee of the Architect of the
Capitol; and
(ii) any termination of employment of a covered
individual described under paragraphs (1)(B) and (2) with a
contractor shall be treated as a separation from service
with the Architect of the Capitol.
(g) Congressional Accountability Act of 1995.--
(1) Employees of the architect of the capitol.--Section 101(5)
of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(5))
is amended by striking ``, the Botanic Garden, or the Senate
Restaurant'' and inserting ``or the Botanic Garden''.
(2) Disabilities.--Section 210(a)(7) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1331(a)(7)) is amended by
striking ``the Senate Restaurants and the Botanic Garden'' and
inserting ``the Botanic Garden''.
(3) Continuing application to certain acts and omissions.--For
purposes of the Congressional Accountability Act of 1995 (2 U.S.C.
1301 et seq.) a covered individual shall be treated as an employee
of the Architect of the Capitol with respect to any act or omission
which occurred before the transfer date.
(h) Deposit of Commissions.--
(1) Senate restaurants food services contract.--Any commissions
paid by a contractor under a food services contract shall be
deposited in the miscellaneous items account within the contingent
fund of the Senate.
(2) Use of funds.--Any funds deposited under paragraph (1)
shall be available for expenditure in the same manner as funds
appropriated into that account.
(i) Effective Date.--This Act shall take effect on the date of
enactment of this Act and apply to the remainder of the fiscal year in
which enacted and each fiscal year thereafter.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes specified Senate Restaurants employees who are employees of the Architect of the Capitol on the date of enactment of this Act and who become employees of a contractor under a food services contract to elect to continue coverage of federal benefits, including retirement benefits, life and health insurance, annual and sick leave balances and accrual rates, and transit subsidies, after operations of the Senate Restaurants are contracted to be performed by a private business concern.
Prohibits the basic pay of such an employee from being reduced below the rate paid to that employee on the day before operations are transferred.
Requires the Director of the Office of Personnel Management (OPM) to prescribe regulations to provide for the continuity of benefits.
Sets forth provisions concerning severance pay and voluntary separation incentive payments to, and early retirement by, such employees. | {"src": "billsum_train", "title": "A bill to provide for certain Federal employee benefits to be continued for certain employees of the Senate Restaurants after operations of the Senate Restaurants are contracted to be performed by a private business concern, and for other purposes."} | 3,675 | 178 | 0.555904 | 1.54737 | 0.793851 | 3.187097 | 20.954839 | 0.890323 |
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