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SECTION 1. SHORT TITLE. This Act may be cited as the ``Municipal Bond Insurance Enhancement Act of 2009''. SEC. 2. OFFICE OF PUBLIC FINANCE AND FEDERAL REINSURANCE FOR INSURERS OF TAX-EXEMPT MUNICIPAL BONDS. (a) In General.--Subchapter I of chapter 3 of title 31, United States Code, is amended by adding at the end the following new section: ``SEC. 314. THE OFFICE OF PUBLIC FINANCE. ``(a) Establishment and Personnel.-- ``(1) Establishment.--There is hereby established in the Department of the Treasury an office to be known as the `Office of Public Finance' (in this section referred to as the `Office'). ``(2) Director; staffing.--The Secretary of the Treasury shall appoint the Director of the Office, as well as such other staff as the Secretary believes necessary for the Office to carry out its duties under this Act. ``(b) Federal Reinsurance for Insurers of Tax-Exempt Municipal Bonds.-- ``(1) Establishment.--The Director of the Office of Public Finance shall carry out a program under this subsection to provide reinsurance for insured losses of qualified municipal bond insurers. ``(2) Qualified municipal bond insurers.--Reinsurance coverage under this subsection may be made available only for an insurer, including an insurer that is an affiliate of another entity-- ``(A) that is licensed or admitted to engage in the business, in any State, of providing insurance for the payment of principal and interest due under-- ``(i) any municipal bond; or ``(ii) any bond, note, security, or other debt obligation issued by a special purpose corporation, trust, or other entity to finance a project serving a substantial public purpose; and ``(B) that has, as of the date of purchase of reinsurance coverage under this subsection-- ``(i) a corporate or other governing charter that prohibits the insurer from providing coverage for risks other than the risks specified in subparagraph (A) and such bonds issued by public purpose issuers or ultimate obligors as are not inconsistent with the intent of Municipal Bond Insurance Enhancement Act of 2009 and as may be approved generally or specifically by the Director of the Office of Public Finance or the relevant insurance regulator; or ``(ii) entered into an agreement with the Director to only provide coverage for the risks specified in clause (i). A qualified municipal bond insurer shall not be precluded from retaining or performing any obligations in place prior to entering into such an agreement with the Office. ``(3) Terms of reinsurance.--Reinsurance coverage under this subsection shall be subject to the following requirements: ``(A) Premiums.--The Director shall establish and collect risk-based premiums for such coverage. Premium charges under this subparagraph shall be established in amounts that are sufficient, but do not exceed, the minimum amounts necessary to cover the costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661(a)) of such reinsurance coverage and to cover administrative costs of the Secretary that are associated with the program for such coverage. ``(B) Others.--The Director shall establish such other terms for such coverage as the Director determines are appropriate to provide additional capacity in the market for insurance of State and local bonds in the most cost-efficient manner. ``(4) Program limit.--The aggregate par value of bonds, notes, security, and other debt obligations for which reinsurance is provided under the program under this subsection in any of fiscal years 2010 through 2014 may not exceed $50,000,000,000. ``(5) Authorization of appropriations.--There is authorized to be appropriated such sums as may be necessary for administrative costs of carrying out the program under this subsection during the first 12 months of the operation of such program. ``(6) Divestment.--Not later than the expiration of the 5- year period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall-- ``(A) establish and submit to the Congress a plan providing for the sale of the reinsurance assets acquired under the program under this subsection, except that any such sale shall not reduce the credit rating of bonds insured under such program or the relevant qualified municipal bond insurer through the submission of offers to purchase such assets; and ``(B) implement such plan, including soliciting offers for the purchase of such operations. ``(7) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Insured loss.--The term `insured loss' means any loss resulting from any municipal bond that is covered by insurance provided by a qualified municipal bond insurer. ``(B) Municipal bond.--The term `municipal bond' means any bond, note, security, or other debt obligation issued by any State or political subdivision thereof, or by any other entity eligible to issue bonds treated as a State or local bond (as such term is defined in section 103(c) of the Internal Revenue Code of 1986 and the regulations issued thereunder) ``(C) Qualified municipal bond insurer.--The term `qualified municipal bond insurer' means an insurer that meets the requirements in paragraph (2) for reinsurance coverage under this subsection.''. (b) Clerical Amendment.--The table of sections for subchapter I of chapter 3 of title 31, United States Code, is amended by adding at the end the following: ``314. The Office of Public Finance.''. SEC. 3. REINSURANCE BY OFFICE OF PUBLIC FINANCE NOT TREATED AS FEDERAL GUARANTEE UNDER TAX EXEMPT BOND REQUIREMENTS. (a) In General.--Subparagraph (A) of section 149(b)(3) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, or'', and by adding at the end the following new clause: ``(iv) any guarantee by the Office of Public Finance.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Municipal Bond Insurance Enhancement Act of 2009 - Establishes in the Department of the Treasury the Office of Public Finance. Requires the Director of such Office to carry out a program to provide reinsurance for insured losses of municipal bond insurers. Directs the Secretary of the Treasury to establish and submit to Congress within five years after the enactment of this Act a plan for the sale of reinsurance assets acquired under this Act. Amends the Internal Revenue Code to provide that reinsurance provided by this Act shall not be treated as a federal guarantee for purposes of disallowing the exemption of interest on municipal bonds.

{"src": "billsum_train", "title": "To establish the Office of Public Finance in the Department of the Treasury to make available Federal reinsurance for insurers of tax-exempt municipal bonds."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2009''. SEC. 2. RULES ON TRANSPARENCY OF TICKET MARKETING, DISTRIBUTION, AND PRICING BY PRIMARY TICKET SELLERS. Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, that include the following requirements with regard to the primary sale, distribution, and pricing of tickets: (1) A requirement that a primary ticket seller disclose and display on the website of such primary ticket seller the total number of tickets offered for sale by such primary ticket seller not less than 7 days before the date on which tickets shall be available for primary sale. (2) A requirement that a primary ticket seller make publicly available, not less than 7 days before the day on which tickets shall be available for primary sale, the total number and distribution method of all tickets not made available for sale to the general public, the distribution of which is the responsibility of that primary ticket seller. (3) A requirement that the distribution method for each particular ticket and the date and time of the primary sale be printed on each such ticket. (4) A requirement that the primary ticket seller include, with any listing of the price of a ticket on the primary ticket seller's website or in any promotional material where the ticket price is listed, all ancillary charges related to the purchase of a ticket, and include such charges and the total cost to the consumer on each individual ticket. (5) A requirement that a primary ticket seller include all ancillary charges in any refund of a ticket that is provided for in the primary ticket seller's refund policies. SEC. 3. RULES FOR SECONDARY TICKET SELLERS. Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, that include the following requirements and prohibitions with regard to the secondary sale, distribution, and pricing of tickets: (1) A requirement that if the secondary ticket seller does not possess the ticket at the time of the sale that such secondary ticket seller provide-- (A) a clear statement that the secondary ticket seller does not possess the ticket; and (B) an explanation of procedures to be followed by the purchaser to obtain a refund from the secondary ticket seller if the ticket the purchaser ultimately receives does not match the description of the ticket by the secondary ticket seller. (2) A prohibition on the purchase by a secondary ticket seller of a ticket during the first 48 hours after such ticket is first available for primary sale. The prohibition in this paragraph shall not apply with respect to season tickets or bundled series tickets. (3) A requirement that a secondary ticket seller and online resale marketplace disclose upon offering a ticket for resale-- (A) the distribution method and face value of each ticket; (B) the precise location of the seat or space to which the ticket would entitle the bearer, or, if information about the precise location of the seat or space is not available, descriptive information about the location of the seat or space, such as a description of a section or other area within the venue where the seat or space is located; (C) if the secondary ticket seller purchased the ticket during a public sale of tickets to the event, the date and time of the purchase of the ticket by the secondary ticket seller; and (D) the number or identifier assigned to them pursuant to section 4(b). (4) A requirement that an online resale marketplace post clear and conspicuous notice on the website of such online resale marketplace that the website is for the secondary sale of tickets and a requirement that the user confirm having read such notice before starting any transaction. (5) A prohibition on the resale of a ticket by an individual employee of any venue, primary ticket seller, artist, online resale marketplace, or box office that is involved in hosting, promoting, performing in, or selling tickets if such resale-- (A) is for a higher price than face value of the ticket; or (B) is made to any third party and the employee has actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that the third party intends to sell the ticket for a higher price than face value of the ticket. (6) A requirement that an online resale marketplace disclose to the consumer when the secondary ticket seller of a ticket is the primary ticket seller, venue, or artist associated with the event to which the ticket relates. SEC. 4. REGISTRATION OF SECONDARY TICKET SELLERS AND ONLINE RESALE MARKETPLACES. (a) Registration Required.-- (1) In general.--Beginning on the date on which final regulations are promulgated pursuant to sections 2 and 3, a secondary ticket seller may not engage in, and an online resale marketplace may not permit the use of the marketplace for, the resale of tickets to events unless the secondary ticket seller or the online resale marketplace (as the case may be) registers with the Federal Trade Commission under this section. (2) Registration information.--When registering with the Federal Trade Commission under paragraph (1), a secondary ticket seller or an online resale marketplace (as the case may be) shall provide a viable street address, telephone number, and email address for the secondary ticket seller or the online resale marketplace (as the case may be) to the Commission. (3) Annual updates.--Any secondary ticket seller or online resale marketplace registered with the Federal Trade Commission under paragraph (1) shall verify the accuracy of the information required under paragraph (2) not less frequently than annually. (b) Registration Number.--The Federal Trade Commission shall assign a unique number or other identifier to each secondary ticket seller and each online resale marketplace that registers with the Commission under subsection (a)(1). SEC. 5. ENFORCEMENT. (a) Federal Trade Commission.--A violation of a rule prescribed pursuant to section 2 or 3 or a violation of section 4(a)(1) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (b) State Attorneys General.-- (1) In general.--Except as provided in paragraph (6), in any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates a rule prescribed under section 2 or 3, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with the rule; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; (D) obtain penalties provided for under section 2(b); and (E) obtain such other relief as the court may consider to be appropriate. (2) Notice.--The State shall serve written notice to the Commission of any civil action under paragraph (1) at least 60 days prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide notice immediately upon instituting such civil action. (3) Intervention by ftc.--Upon receiving the notice required by paragraph (2), the Commission may intervene in such civil action and upon intervening-- (A) be heard on all matters arising in such civil action; (B) remove the action to the appropriate United States district court; and (C) file petitions for appeal of a decision in such civil action. (4) Savings clause.--Nothing in this subsection shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Nothing in this section shall prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (5) Venue; service of process; joinder.--In a civil action brought under paragraph (1)-- (A) the venue shall be a judicial district in which the defendant or a related party is found, is an inhabitant, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code; (B) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (C) a person who participated with a defendant or related party in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (6) Preemptive action by ftc.--Whenever a civil action or an administrative action has been instituted by or on behalf of the Commission for violation of any rule described under paragraph (1), no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under paragraph (1) against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (7) Award of costs and fees.--If a State prevails in any civil action under paragraph (1), the State can recover reasonable costs and attorney fees from the lender or related party. SEC. 6. DEFINITIONS. As used in this Act the following definitions apply: (1) The term ``ancillary charges'' means service fees, convenience charges, parking fees, and other charges associated with the purchase of a ticket and not included in the base price of the ticket. (2) The term ``base price'' means the price charged for a ticket other than any ancillary charges. (3) The term ``box office'' means a physical location where tickets are offered for primary sale. (4) The term ``bundled series tickets'' means packages of tickets for multiple events that are part of the same entertainment series. (5) The term ``distribution method'' means the manner in which a primary ticket seller distributes tickets to a particular event, whether through primary sale, limited pre sale promotions, donations to charity, reservations of season ticket holders, or allocated to the primary ticket seller, artist, or venue. (6) The term ``face value'' means the total price of a ticket including both the base price and any ancillary charges. (7) The term ``primary sale'', with regards to a ticket, means the initial sale of a ticket that has not been sold previous to such sale, by a primary ticket seller to the general public on or after the date advertised such sale. (8) The term ``primary ticket seller'' means an owner or operator of a venue or a sports team, a manager or provider of an event, or a provider of ticketing services (or an agent of such owner, operator, manager, or provider) that engages in the primary sale of tickets for an event or retains the authority to otherwise distribute tickets. (9) The terms ``resale'' or ``secondary sale'', with regards to a ticket, mean any sale of a ticket that occurs after the initial sale of the ticket. (10) The term ``ticket'' means a ticket of admission to a sporting event, theater, musical performance, or place of public amusement of any kind. (11) The term ``online resale marketplace'' means an Internet website-- (A) that facilitates or enables the resale of tickets by secondary ticket sellers; or (B) on which secondary ticket sellers offer tickets for resale. (12) The term ``secondary ticket seller'' means a person engaged in reselling tickets for an event and who charges a premium in excess of the face value. Such term does not include an individual who resells fewer than 25 tickets during any 1- year period. SEC. 7. NONPREEMPTION. Nothing in this Act shall affect the authority of any State or local government to establish or continue in effect a provision of law of the State or local government relating to the regulation of the resale of tickets to events or the pricing of such tickets for resale, except to the extent that such provision is inconsistent with this Act or a regulation promulgated under this Act, and then only to the extent of the inconsistency. A provision of law of a State or local government is not inconsistent with this Act or a regulation promulgated under this Act if such provision provides equal or greater protection to consumers than the protection provided under this Act or such regulation.

Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2009 - Requires the Federal Trade Commission (FTC) to promulgate rules regarding the primary sale, distribution, and pricing of tickets, including regarding: (1) disclosing the number of tickets and the distribution method; (2) printing the date and time of sale on each ticket; (3) disclosure on the seller's website or in promotional material of all ancillary charges; and (4) inclusion of all ancillary charges in any refund. Requires the FTC to promulgate rules regarding the secondary sale, distribution, and pricing of tickets, including regarding: (1) disclosure if the secondary seller does not possess the ticket at the time of the sale; (2) purchase by a secondary seller during the first 48 hours of ticket availability; (3) disclosure of the distribution method, the face value of each ticket, and the location of the seat or space involved; (4) disclosure that an online marketplace is for secondary sale; (5) resale for a price higher than face value; and (6) disclosure by an online marketplace when the secondary seller is the primary seller, venue, or artist involved. Requires secondary sellers and online resale marketplaces to register with the FTC. Treats a violation as an unfair or deceptive act or practice under of the Federal Trade Commission Act and requires the FTC to enforce this Act. Allows states to bring civil enforcement actions. Allows state and local laws that provide equal or greater protection to consumers.

{"src": "billsum_train", "title": "To direct the Federal Trade Commission to prescribe rules to protect consumers from unfair and deceptive acts and practices in connection with primary and secondary ticket sales."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capitalizing on American Methane Act of 2015''. SEC. 2. INCENTIVES FOR INNOVATIVE FUEL PRODUCTION THROUGH QUALIFIED METHANE CONVERSION TECHNOLOGY. (a) Inclusion of Qualified Methane Conversion Technology in Gasification Project Credit.-- (1) In general.--Paragraph (2) of section 48B(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Gasification technology.--The term `gasification technology' means-- ``(A) any process which converts a solid or liquid product from coal, petroleum residue, biomass, or other materials which are recovered for their energy or feedstock value into a synthesis gas composed primarily of carbon monoxide and hydrogen for direct use or subsequent chemical or physical conversion, and ``(B) any qualified methane conversion technology.''. (2) Qualified methane conversion technology.--Subsection (c) of section 48B of such Code is amended by adding at the end the following new paragraph: ``(9) Qualified methane conversion technology.-- ``(A) In general.--The term `qualified methane conversion technology' means a process consisting of the molecular conversion of a fuel consisting principally of methane into hydrocarbons, and the subsequent use of such hydrocarbons, if such hydrocarbons are principally intended to be used-- ``(i) to replace or reduce the quantity of petroleum present in a fuel used in motor vehicles, motor vehicle engines, nonroad vehicles, nonroad engines, or aircraft if-- ``(I) the lifecycle greenhouse gas emissions associated with the production and combustion is, on an ongoing basis, not more than such emissions from the equivalent conventional fuel produced from conventional petroleum sources, ``(II) the sulfur concentration is not more than 2 parts per million, and ``(III) such production is at a facility which, during the taxable year, has an annual total production capacity of not more than 150,000,000 gallons of liquid transportation fuel, or ``(ii) for the production of chemicals (within the meaning of paragraph (7)(A)). ``(B) Primary purpose of facility.--If a facility uses qualified methane conversion technology to produce both fuels and chemicals, the requirements described in subparagraph (A)(i) shall apply only if the primary use of the facility is to produce fuels. ``(C) Exclusion.--The term `qualified methane conversion technology' does not include technology that is part of a facility the construction of which begins after September 30, 2025.'' (3) Increase in credit available for methane conversion projects.-- (A) In general.--Paragraph (1) of section 48B(d) of such Code is amended by striking ``plus'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, plus'', and by adding at the end the following new subparagraph: ``(C) $500,000,000 for qualifying gasification projects that rely primarily on qualified methane conversion technology. No qualifying gasification project shall receive more than $100,000,000 under the program.''. (B) Period of issuance.--Paragraph (2) of section 48B(d) of such Code is amended to read as follows: ``(2) Period of issuance.-- ``(A) In general.--A certificate of eligibility under subparagraphs (A) and (B) of paragraph (1) may be issued only before October 1, 2025. ``(B) Qualified methane conversion technology.--A certificate of eligibility under subparagraph (C) of paragraph (1) may be issued only during the 10-fiscal year period beginning on the first October 1 which is on or after the date of the enactment of this paragraph.''. (C) Selection priorities.--Paragraph (4) of section 48B(d) of such Code is amended to read as follows: ``(4) Selection priorities.-- ``(A) In general.--In determining which qualifying gasification projects, other than projects using qualified methane conversion technology, to certify under this section, the Secretary shall-- ``(i) give highest priority to projects with the greatest separation and sequestration percentage of total carbon dioxide emissions, and ``(ii) give high priority to applicant participants who have a research partnership with an eligible educational institution (as defined in section 529(e)(5)). ``(B) Chemicals projects using qualified methane conversion technology.--In determining which qualifying gasification projects that produce chemicals using qualified methane conversion technology to certify under this section, the Secretary shall give priority to projects involving a production process that has significant environmental benefits over the production of the same chemical from petroleum products.''. (b) Inclusion of Qualified Methane Conversion Technology in Alternative Fuel Credit.--Paragraph (2) of section 6426(d) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(H) liquid fuel produced through qualified methane conversion technology (as defined in section 48B(c)(9)(A)) at a facility the construction of which begins before October 1, 2025.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Capitalizing on American Methane Act of 2015 Amends the Internal Revenue Code to: (1) include in the tax credit for investment in a qualifying gasification project any qualified methane conversion technology, and (2) allow an alternative fuel excise tax credit for liquid fuel produced through qualified methane conversion technology at a facility the construction of which begins before October 1, 2025. Defines "qualified methane conversion technology" as a process for the molecular conversion of a fuel consisting principally of methane into hydrocarbons and the use of such hydrocarbons to replace or reduce the quantity of petroleum present in motor vehicle fuel and for the production of chemicals.

{"src": "billsum_train", "title": "Capitalizing on American Methane Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``William Orton Law Library Improvement and Modernization Act''. SEC. 2. FINANCIAL SUPPORT FOR LAW LIBRARY OF LIBRARY OF CONGRESS. (a) Financial Support.--In addition to any other amounts made available for the salaries and expenses of the Library of Congress, there are authorized to be appropriated to the Librarian of Congress $3,500,000 for maintaining and administering the operations of the law library of the Library of Congress, including the cataloguing of the collections of the law library. Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended. (b) Electronic Cataloging of Nonproprietary Material.--To the extent practicable, in using any funds appropriated pursuant to the authority of subsection (a) to catalog and archive nonproprietary material in the collections of the Law Library after the date of the enactment of this Act, the Law Librarian of Congress shall catalog and archive the material electronically in a nonproprietary and nondiscriminatory format. Nothing in the previous sentence may be construed to affect any cataloging and archiving activities carried out with funds which are not appropriated pursuant to the authority of subsection (a). SEC. 3. SEPARATION OF LAW LIBRARY SALARIES AND EXPENSES IN PREPARATION OF ANNUAL LIBRARY OF CONGRESS BUDGET. (a) Separate Budget Treatment of Law Library.--In preparing the annual budget for the Library of Congress which will be submitted by the President under chapter 11 of title 31, United States Code, and in preparing the annual budget and related materials for the Library of Congress for the use of the Committees on Appropriations of the Senate and House of Representatives, the Librarian of Congress shall ensure that all amounts attributable to salaries and expenses of the law library of the Library of Congress are set forth separately as a separate line item from other salaries and expenses of the Library of Congress. (b) Effective Date.--This section shall apply with respect to fiscal year 2011 and each succeeding fiscal year. SEC. 4. WILLIAM ORTON PROGRAM TO SUPPORT THE MISSION OF THE LAW LIBRARY OF THE LIBRARY OF CONGRESS. (a) Establishment.-- (1) In general.--The Librarian of Congress, acting through the Law Librarian of Congress, shall establish and operate a program to be known as the ``William Orton Law Library Support Program'' (hereafter in this section referred to as the ``Program''), which will-- (A) provide enhanced or special services and programs for the Law Library; and (B) otherwise support the mission of the Law Library. (2) Relation to other programs.--The Librarian shall operate the Program in a manner which ensures that the resources of the Program are not commingled with the resources used to carry out the program operated under section 2. (b) Role of Other Entities.--The Librarian may carry out the Program through agreements and partnerships entered into with other government and private entities, including the American Association of Law Libraries and the American Bar Association. (c) Private Support.-- (1) Acceptance of donations.--Donations of funds and in- kind contributions in support of the Program may be accepted-- (A) by the Library of Congress Trust Fund Board, as provided under the Act entitled ``An Act to create a Library of Congress Trust Fund Board, and for other purposes'', approved March 3, 1925 (2 U.S.C. 154 et seq.); and (B) by the Librarian of Congress, as provided under section 4 of such Act (2 U.S.C. 160). (2) Use of amounts.--Notwithstanding the second paragraph of section 2 of the Act entitled ``An Act to create a Library of Congress Trust Fund Board, and for other purposes'', approved March 3, 1925 (2 U.S.C. 157), or the third sentence of section 4 of such Act (2 U.S.C. 160), any amounts accepted by the Library of Congress Trust Fund Board or the Librarian of Congress in support of the Program shall be subject to disbursement by the Librarian only upon the recommendation of the Law Librarian (except to the extent otherwise provided under any terms and conditions on the use of the amounts which are imposed by the person making the donation). (3) Acceptance of other voluntary services.-- Notwithstanding section 1342 of title 31, United States Code, the Librarian of Congress may accept voluntary and uncompensated services in support of the Program. (d) Establishment of Separate Account.-- (1) In general.--There is established in the Treasury (among the accounts of the Library of Congress) a separate account for the Program, which shall consist of-- (A) amounts accepted by the Library of Congress Trust Fund Board in support of the Program as described in subsection (c)(1)(A), together with any income earned on such amounts; (B) amounts accepted by the Librarian of Congress in support of the Program as described in subsection (c)(1)(B), together with any income earned on such amounts; (C) amounts appropriated pursuant to the authorization under subsection (f); and (D) interest on the balance of the account. (2) Use of amounts.--The funds contained in the account established under this subsection shall be used solely by the Law Librarian of Congress to carry out the Program. (e) Annual Report.--Not later than April 30 of each year (beginning with 2010), the Librarian of Congress shall submit a report on Program funding and activities to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, the American Bar Association, and the American Association of Law Libraries. The report shall include-- (1) a listing of all donations received in support of the Program during the previous year; (2) the total obligations during the previous year for each Program activity; (3) the amount appropriated pursuant to the authorization under subsection (f) for the fiscal year beginning on the previous October 1; (4) a list of Program activities, with budget information for each such activity, planned for the calendar year in which the report is submitted; and (5) any findings in the most recently completed audit conducted with respect to the Law Library or Program funds or investments. (f) Authorization of Appropriations.--In addition to any other amounts authorized to be appropriated to the Librarian of Congress for the Law Library of Congress for a fiscal year, there are authorized to be appropriated for deposit into the account established under subsection (d) an amount equal to 40 percent of the amount of the donations accepted by the Library of Congress Trust Fund Board in support of the Program under subsection (c)(1) during the previous fiscal year. SEC. 5. DESIGNATION OF LAW LIBRARY OF LIBRARY OF CONGRESS AS NATIONAL LAW LIBRARY. The law library of the Library of Congress shall be known and designated as the ``National Law Library'', and any reference to the law library of the Library of Congress in any law, rule, regulation, or document shall be deemed to be a reference to the National Law Library. Passed the House of Representatives July 30, 2009. Attest: LORRAINE C. MILLER, Clerk.

William Orton Law Library Improvement and Modernization Act - Authorizes appropriations to the Library of Congress for the maintenance and administration of the operations of the Law Library of the Library of Congress, including the cataloguing of the collections of the Law Library. Directs the Law Library to electronically catalog and archive material in its collections in a nonproprietary and nondiscriminatory format. Requires the separation of the salaries and expenses of the Law Library from other salaries and expenses of the Library of Congress in the preparation of the annual budget for the Library of Congress. Establishes the William Orton Law Library Support Program to provide enhanced or special services and programs for the Law Library and otherwise support the mission of the Law Library. Allows the Librarian of Congress (the Librarian) to carry out the Program through agreements and partnerships with other government and private entities, including the American Association of Law Libraries and the American Bar Association (ABA). Permits the Library of Congress Trust Fund Board and the Librarian to accept private donations in support of the Program. Makes any accepted donations subject to disbursement by the Librarian only upon the recommendation of the Law Librarian, with an exception. Establishes in the Treasury a separate account for the Program. Limits the use of account funds only to the Law Librarian to carry out such Program. Authorizes annual appropriations to the Library of Congress for the deposit into such account of an amount equal to 40% of the amount of donations accepted by the Board in support of such Program, in addition to any other amounts authorized for the Law Library. Designates the Law Library as the "National Law Library."

{"src": "billsum_train", "title": "To provide financial support for the operation of the law library of the Library of Congress, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare and Teenage Pregnancy Reduction Act''. SEC. 2. BLOCK GRANTS TO STATES FOR FAMILIES WITH DEPENDENT CHILDREN. (a) In General.--Part A of title IV of the Social Security Act (42 U.S.C. 601-617) is amended to read as follows: ``Part A--Block Grants to States for Families With Dependent Children ``SEC. 401. ENTITLEMENT. ``For grants to which States meeting the requirements of this part are entitled, there is authorized to be appropriated to the Secretary for each fiscal year an amount equal to 103 percent of the aggregate amount of Federal outlays under part A of this title (as in effect immediately before the effective date of this part) for fiscal year 1992. ``SEC. 402. APPLICATION REQUIREMENTS. ``To be entitled to a grant under this part for a fiscal year, a State must, not later than June 30 of the immediately preceding fiscal year, submit to the Secretary an application which describes the State program to assist families with dependent children, including the goals and objectives of the program. ``SEC. 403. BLOCK GRANT. ``The Secretary shall make a grant to each State that meets the requirement of section 402 in an amount equal to 103 percent of the amount paid to the State under part A of this title (as in effect immediately before the effective date of this part) for fiscal year 1992. ``SEC. 404. USE OF FUNDS. ``(a) In General.--Each State to which a grant is made under section 403 for a fiscal year shall use the grant to carry out the State program to assist families with dependent children. ``(b) Prohibitions.--Each State to which a grant is made under section 403 for a fiscal year shall not use any Federal or State funds provided to carry out the State program to assist families with dependent children, to provide assistance during the fiscal year with respect to a dependent child if-- ``(1) the mother or father of the dependent child has not attained 18 years of age; or ``(2) the paternity or maternity of the dependent child has not been established. ``(c) Special Rule.--During a period not exceeding 1 year from the date a family with a dependent child moves to a State to which a grant is made under section 403 for a fiscal year from another State, the State may-- ``(1) apply the same rules as apply with respect to any other dependent child in the State, in providing assistance with respect to the dependent child under the State program to assist families with dependent children; or ``(2) treat the dependent child in the same manner as such other State would have treated the dependent child if the dependent child had not moved from such other State. ``SEC. 405. DEFINITION OF DEPENDENT CHILD. ``As used in this part, the term `dependent child' means an individual who-- ``(1) is needy, as determined by the State in which the child resides; ``(2) has been deprived of parental support or care due to the death, continued absence from the home (other than absence occasioned solely due to the performance of active duty in the uniformed services of the United States), or physical or mental incapacity of a parent; ``(3) is living with the individual's father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece, in a place of residence maintained by 1 or more of such relatives as his, her, or their home; and ``(4) is-- ``(A) not more than 18 years of age; or ``(B) at the option of the State-- ``(i) not more than 19 years of age; and ``(ii) a full-time student in a secondary school (or in the equivalent level of vocational or technical training) who may reasonably be expected to complete the program of the secondary school (or the training) before attaining 19 years of age.''. ``SEC. 406. ANNUAL REPORTS. ``Not later than 6 months after the end of each fiscal year for which a State is made a grant under section 403, the State shall submit to the Secretary a report which contains-- ``(1) a statement of the average number of families with dependent children in the State during the fiscal year; ``(2) in absolute and in percentage terms, the extent to which there has been an increase or decrease, during the fiscal year and since the effective date of this part, in-- ``(A) teen pregnancies in the State; ``(B) births of children immediately eligible for assistance through the State program of assistance to families with dependent children; ``(C) families to whom such assistance has been terminated due to the gainful employment of 1 or more members of the family; and ``(D) absent parents who contribute financially to the support of families receiving such assistance; and ``(3) the extent to which the State has met the goals and objectives set forth in the application for the grant. ``SEC. 407. WITHHOLDING OF BLOCK GRANT. ``Notwithstanding any other provision of this part, beginning 4 years after the effective date of this part, the Secretary may suspend or withhold for any period part or all of a grant to a State for a fiscal year under this part if, after reviewing the State reports submitted pursuant to section 406, the Secretary determines that the State program of assistance to families with dependent children during the immediately preceding fiscal year has not adequately met the needs of the families.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1993. (c) References in Other Laws.--Any reference in any law, regulation, document, paper, or other record of the United States to part A of title IV of the Social Security Act, or to a provision of law contained in such part, shall, unless the context otherwise requires, be considered to be a reference to such part, or such provision, as in effect immediately before October 1, 1993. SEC. 3. REDUCTION OF FEDERAL AFDC ADMINISTRATIVE COSTS. (a) Cost-Reduction Requirement.--The Secretary of Health and Human Services shall, using any authorities otherwise available, take such actions as may be necessary to ensure that, for each fiscal year beginning after September 30, 1994, the total administrative costs of the program described in part A of title IV of the Social Security Act shall not exceed 50 percent of the total administrative costs of that program (as then in effect) for fiscal year 1992. (b) Reporting Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a written report to Congress describing-- (1) the actions which have been or will be taken in order to achieve timely compliance with subsection (a); (2) the procedures and criteria used in determining what actions to take, including the reasons why each such action was chosen; (3) the savings anticipated from each action described under paragraph (1); and (4) the methodologies and assumptions used in connection with any computations under this section.

Welfare and Teenage Pregnancy Reduction Act - Amends title IV of the Social Security Act (SSA) to replace the program of aid to families with dependent children under SSA title IV part A (AFDC) with a program of block grants to States for families with dependent children whose natural parents have attained age 18. Directs the Secretary of Health and Human Services to report to the Congress on actions required under this Act to reduce AFDC administrative costs.

{"src": "billsum_train", "title": "Welfare and Teenage Pregnancy Reduction Act"}

SECTION 1. CREDIT FOR PRODUCING INDIAN OIL OR GAS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 29 the following new section: ``SEC. 29A. CREDIT FOR PRODUCING INDIAN OIL OR GAS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to-- ``(1) $6.12, multiplied by ``(2) the barrel-of-oil equivalent of Indian oil or gas-- ``(A) sold by the taxpayer to an unrelated person during the taxable year, and ``(B) the production of which is attributable to the taxpayer. ``(b) Limitations and Adjustments.-- ``(1) Phaseout of credit.--The amount of the credit allowable under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as-- ``(A) the amount by which the reference price for the calendar year in which the sale occurs exceeds $47.90, bears to ``(B) $12.23. ``(2) Credit and phaseout adjustment based on inflation.-- The $6.12 amount in subsection (a) and the $47.90 and $12.23 amounts in paragraph (1) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. ``(3) Limitation based on amount of tax.--The credit allowed by subsection (a) for any taxable year shall not exceed the sum of the regular tax and the tax imposed by section 55 for such taxable year, reduced by the sum of the credits allowable under subpart A and sections 27 and 29. ``(4) Carryback and carryover of excess credits.-- ``(A) In general.--If the sum of the credit allowed by this section for a taxable year plus the amount of the carryforwards to the taxable year under this paragraph exceeds the limitation imposed by paragraph (3) for such taxable year (in this paragraph referred to as the `excess credit year'), such excess shall be-- ``(i) a carryback to each of the 3 taxable years preceding the excess credit year, and ``(ii) a carryforward to each of the 20 taxable years following the excess credit year, and, subject to the limitation imposed by paragraph (3), shall be taken into account under subsection (a). ``(B) Amount carried to each year.-- ``(i) Entire amount carried to first year.--The entire amount of the excess credit for an excess credit year shall be carried first to the earliest of the 23 taxable years to which (by reason of this paragraph) such credit may be carried. ``(ii) Amount carried to other 22 years.-- The amount of the excess credit for the excess credit year shall be carried to each of the other 22 years to the extent that such excess credit may not be taken into account under subsection (a) for a prior taxable year because of the limitation imposed by paragraph (3) of this subsection. ``(c) Definition of Indian Oil or Gas.--For purposes of this section, the term `Indian oil or gas' means oil or gas that is produced-- ``(1) from oil or gas deposits that are either held by the United States in trust for the benefit of any Indian tribe or individual Indian or held by any Indian tribe or individual Indian subject to a restriction imposed by the United States against alienation, and ``(2) pursuant to a lease or other agreement issued or approved by the United States. ``(d) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, pueblo, community, rancheria, colony, or other group that owns land or interests in land the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States, including-- ``(A) any Native village (as defined in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c), whether organized traditionally or pursuant to the Act of June 18, 1934 (commonly known as the Indian Reorganization Act (25 U.S.C. 461 et seq.)), and ``(B) any Regional Corporation or Village Corporation (as defined in sections 3(g) and 3(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g) and 1602(j)), respectively), that is recognized as eligible for the special programs and services provided by the United States under Federal law to Indians because of their status as Indians. ``(2) Individual indian.--The term `individual Indian' means any individual member of an Indian tribe or Alaska Native who owns land or interests in land the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States. ``(3) Computation of inflation adjustment factor and reference price.--The inflation adjustment factor and the reference price for any calendar year shall be determined as provided in section 29(d)(2), except such section shall be applied by substituting `calendar year 2001' for `calendar year 1979' in subparagraph (B) thereof. ``(4) Other definitions.--The terms `barrel-of-oil equivalent' and `barrel' have the meanings given such terms by paragraphs (5) and (6) of section 29(d), respectively. ``(5) Certain rules made applicable.--For purposes of this section, paragraphs (3), (7), and (8) of section 29(d) shall apply. ``(e) Application of Section.--This section shall apply with respect to Indian oil or gas which is produced after December 31, 2001, except that this section shall not apply with respect to any Indian oil or gas for which a credit is allowed under section 29 for the taxable year.''. (b) Alternative Minimum Tax Conforming Amendments.-- (1) Alternative minimum tax.--Section 59(b) of the Internal Revenue Code of 1986 is amended-- (A) by adding at the end the following new sentence: ``In the case of any taxpayer for whom the Indian oil or gas credit is allowable under section 29A for the taxable year, alternative minimum taxable income shall not include any income derived from production for which a credit is allowed under section 29A.'', and (B) by inserting ``29A,'' before ``30A'' in the heading thereof. (2) Regular tax.--Section 55(c)(1) of such Code is amended by inserting ``the Indian oil or gas credit allowable under section 29A,'' after ``under section 27(b),''. (c) Clerical Amendment.--The table of sections for subpart B 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 29 the following new item: ``Sec. 29A. Credit for producing Indian oil or gas.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2001, and to carrybacks from such years.

Amends the Internal Revenue Code to allow a tax credit for the production of oil or gas from deposits held in trust for, or held with restrictions against alienation by, Indian tribes and Indian individuals pursuant to a lease or other agreement issued or approved by the United States.

{"src": "billsum_train", "title": "A bill to provide a tax credit for the production of oil or gas from deposits held in trust for, or held with restrictions against alienation by, Indian tribes and Indian individuals."}

SECTION 1. TRANSFERS OF MOTORBOAT FUEL TAXES FROM HIGHWAY TRUST FUND. (a) Authorization of Transfers.--Section 9503(c)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(4)) is amended-- (1) by striking subparagraph (A) of section 9503(c)(4); (2) by redesignating subparagraph (B) as subparagraph (A) and amending it to read as follows: ``(A) $1,000,000 per year transferred to land and water conservation fund.-- ``(i) In general.--The Secretary shall pay from time to time from the Highway Trust Fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965 amounts (as determined by him) equivalent to the motorboat fuel taxes received on or after October 1, 1993, and before October 1, 1997. ``(ii) Limitation.--The aggregate amount transferred under this subparagraph during any fiscal year shall not exceed $1,000,000.''; (3) by striking ``or (B)'' in clause (ii) of subparagraph (B) (as so redesignated); and (4) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. (b) Technical Amendment.--Section 9504(d) of the Internal Revenue Code of 1986 (26 U.S.C. 9504(d)) is amended by striking ``Boat Safety Account and''. (c) Effective Date.--This amendment shall be effective October 1, 1993. SEC. 2. TECHNICAL AMENDMENTS TO AQUATIC RESOURCES TRUST FUND. (a) Section 9504(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 9504(a)(2)) is amended by inserting after ``section 9602(b)'' the following: ``of this title, or as provided in subsection 4(a) of the Act entitled `An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes', approved August 9, 1950 (64 Stat. 430; 16 U.S.C. 777c), as amended,''. (b) Section 9504(b)(2)(A) of the Internal Revenue Code of 1986 (26 U.S.C. 9504(b)(2)(A)) is amended by striking ``(as in effect on October 1, 1988)''. (c) Section 9504(c) of the Internal Revenue Code of 1986 (26 U.S.C. 9504(c)) is amended to read as follows: ``(c) Expenditures From Boat Safety Account.--Amounts in the Boat Safety Account shall be available for making expenditures before April 1, 1999, to carry out the purposes of section 13106 of title 46, United States Code.''. (d) Effective Dates.--The amendment to section (a) shall be effective October 1, 1994. The amendments to sections (b) and (c) shall be effective October 1, 1993. SEC. 3. FUNDING FOR RECREATIONAL BOATING SAFETY PROGRAMS. (a) Transfer.--Section 4 of the Act of August 9, 1950 (16 U.S.C. 777c) is amended-- (1) by redesignating subsections (a), (b), (c), (d), and (e) in order, as subsections (b), (c), (d), (e), and (f); (2) by inserting before subsection (b) (as so redesignated) the following new subsection: ``(a) Of each annual appropriation made in accordance with the provisions of section 3 of this Act (16 U.S.C. 777b) from transfers made from the Highway Trust Fund to the Sport Fish Restoration Account for motorboat fuel taxes received on or after October 1, 1993, and before October 1, 1997, the Secretary of the Interior shall transfer to the Boat Safety Account of the Aquatic Resources Trust Fund an amount equal to $77,500,000 for fiscal year 1995, $80,000,000 for each of fiscal years 1996 and 1997, and $90,000,000 for fiscal year 1998, to be expended by the Secretary of Transportation for recreational boating safety programs under section 13106 of title 46, United States Code.''; (3) in subsection (b) (as so redesignated) by striking ``The Secretary of the Interior'' through ``section 3 of this Act'' and inserting the following: ``Of the balance of each annual appropriation remaining after making the distribution under subsection (a), the Secretary of the Interior shall distribute 18 per centum''; (4) by amending subsection (c) (as so redesignated) to read as follows: ``(c) Of the balance of each annual appropriation remaining after making the distribution under subsections (a) and (b), an amount equal to $7,500,000 for fiscal year 1995, and $10,000,000 for each of fiscal years 1996 and 1997, shall be available for two years for obligation under section 5604(c) of the Clean Vessel Act of 1992. The Secretary of the Interior may make grants for qualified projects in an amount up to the amount available under this paragraph. Amounts unobligated by the Secretary of the Interior after two years shall be transferred to the Secretary of Transportation and be expended for State recreational boating safety programs under section 13106(b)(1) of title 46, United States Code.''; (5) in subsection (d) (as so redesignated) by striking ``(a) and (b)'' and inserting ``(a), (b), and (c)''; and (6) in subsection (e) (as so redesignated) by striking ``and (c)'' and inserting ``(c), and (d)''. (b) Effective Date.--This amendment shall be effective October 1, 1994. SEC. 4. AUTHORIZATION OF EXPENDITURES FOR RECREATIONAL BOATING SAFETY PROGRAMS. Section 13106 of title 46, United States Code, is amended-- (1) by striking subsection (c); (2) by redesignating subsections (a) and (b), in order, as subsections (b) and (c); (3) by inserting before subsection (b) (as so redesignated) the following new subsection: ``(a) Of the amount transferred for each fiscal year to the Boat Safety Account under section 4 of the Act of August 9, 1950 (16 U.S.C. 777c), as amended, $35,000,000 is available to the Secretary for expenditures out of the operating expenses account of the Coast Guard for services provided by the Coast Guard for recreational boating safety, including services provided by the Coast Guard Auxiliary. Amounts made available by this subsection shall remain available until expended.''; (4) by amending subsection 13106(b)(1) (as so redesignated) to read as follows: ``(b)(1) Subject to paragraph (2), the Secretary may expend the balance of the amount transferred each fiscal year to the Boat Safety Account under section 4 of the Act of August 9, 1950 (16 U.S.C. 777c), as amended, for State recreational boating safety programs as provided under the guidelines established under subsection (c) of this section. The amount shall be allocated as provided under section 13103 of this title. Amounts made available by this subsection shall remain available until expended. Amounts previously obligated but released by payment of a final voucher or modification of a program acceptance shall be credited to the balance of unobligated amounts and are immediately available for expenditure.''; (5) by amending the catchline of section 13106 to read as follows: ``Sec. 13106. Spending authority for recreational boating safety programs''; and (6) by amending the item relating to section 13106 in the table of sections at the beginning of chapter 131 of title 46, United States Code, to read as follows: ``13106. Spending authority for recreational boating safety programs.''. (b) Effective Date.--This amendment shall be effective October 1, 1994.

Amends the Internal Revenue Code to require the transfer of specified amounts equivalent to the motorboat fuel taxes received during a year by the Highway Trust Fund to the land and water conservation fund. Extends the authority to make amounts in the Boat Safety Account available for State recreational boating safety programs. Amends the Dingell-Johnson Sport Fish Restoration Act to require for FY 1995 through 1998 the transfer of specified amounts from the Sport Fish Restoration Account to the Boat Safety Account of the Aquatic Resources Trust Fund for recreational boating safety programs. Earmarks specified amounts for qualified projects under the Clean Vessel Act of 1992. Transfers unobligated amounts for recreational boating safety programs. Amends Federal shipping law to make a specified amount of funds from the Boat Safety Account available for expenditures out of the operating expenses account of the Coast Guard for services provided by it for recreational boating safety, including services provided by the Coast Guard Auxiliary. Authorizes expenditure of the balance of amounts transferred each year to the Boat Safety Account for State recreational boating safety programs.

{"src": "billsum_train", "title": "A bill entitled the Recreational Boating Safety Program Funding Improvement Act."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Dumping or Subsidy Offset Act of 1997''. SEC. 2. FINDINGS OF CONGRESS. The Congress finds that: (a) Consistent with our WTO rights, injurious dumping is to be condemned and that actionable subsidies which cause injury to domestic industries must be effectively neutralized. (b) United States unfair trade laws have as their purpose the restoration of conditions of fair trade so that jobs and investment that should be in the United States are not lost through false market signals. (c) The continued dumping or subsidization of imported product after the issuance of antidumping orders or findings or countervailing duty orders can frustrate the remedial purpose of the laws by preventing market prices from returning to fair levels. (d) Where dumping or subsidization continues, domestic producers will be reluctant to reinvest or rehire and may be unable to maintain pension and health care benefits that conditions of fair trade would permit. (e) United States trade laws should be strengthened to see that the remedial purpose is achieved in fact. SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930. (a) In General.--Title VII of the Tariff Act of 1930 is amended by adding section 752: ``SEC. 752. CONTINUED DUMPING OR SUBSIDY OFFSET. ``(a) In General.--Whenever continued dumping or subsidization is found to exist by the administering authority under section 751(a) of this Act or by operation of law, any duties assessed shall be distributed to the affected domestic producers for qualifying expenditures on an annual basis. Such disbursement shall be known as the `continued dumping or subsidy offset'. ``(b) Definitions.--As used in this section: ``(1) The term `affected domestic producer' means any manufacturer, producer, or worker representative that was a petitioner or interested party in support of the petition with respect to which an antidumping duty finding or order or countervailing duty order has been entered and remains in operation. Companies or businesses that have ceased the production of the product covered by the order or finding or who have been acquired by a company or business that is related to a company that opposed the investigation shall not be an affected domestic producer. ``(2) The term `Commissioner' means the Commissioner of the United States Customs Service. ``(3) The term `Commission' means the United States International Trade Commission. ``(4) The term `qualifying expenditure' means expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the following categories: ``(i) plant; ``(ii) equipment; ``(iii) R&D; ``(iv) personnel training; ``(v) acquisition of technology; ``(vi) health care benefits to employees paid for by the employer; ``(vii) pension benefits to employees paid for by the employer; ``(viii) environmental equipment, training and/or technology. ``(c) Disbursement Procedures.--The Commissioner shall prescribe procedures for disbursement of the continued dumping or subsidies offset required by this section provided that disbursement shall occur for monies assessed during one fiscal year of the United States at the latest within sixty days after the beginning of the next fiscal year. ``(d) Parties Eligible for Distribution of Antidumping and/or Countervailing Duties Assessed.-- ``(1) The Commission shall forward to the Commissioner within sixty days of the effective date of this section or within sixty days of the issuance of an antidumping or countervailing duty order after the effective date of this section a list of petitioners and those companies that indicate support of the petition by letter or through questionnaire response. Where no injury test was required or where the Commission's records do not permit an identification of those in support of a petition the Commission shall consult with the Department of Commerce to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by Commerce and sought vigorous enforcement of United States law. ``(2) The Commissioner shall publish in the Federal Register at least thirty days prior to the issuance of payments a notice of intention to distribute duty assessments, the list of companies eligible based on the list obtained from the Commission and shall request a certification from each recipient as to (a) desire to receive distribution, (b) continued eligibility as an affected domestic producer, and (c) the qualifying expenditures incurred since the issuance of the order for which distribution under this section has not previously been made. ``(3) The Commissioner shall distribute all funds (including all interest earned) from assessments received in the completed fiscal year to affected domestic producers based on the affirmative responses to subparagraph (2) on a pro rata basis based on new and remaining qualifying expenditures. ``(e) Special Accounts.-- ``(1) Within fourteen days of the effective date of this provision for outstanding antidumping orders and findings or for outstanding countervailing duty orders or within fourteen days of the date an antidumping or countervailing duty order takes effect, the Commissioner shall establish in the Treasury of the United States a special account with respect to that order or finding. ``(2) The Commissioner shall have deposited into the special accounts all antidumping or countervailing duties, including interest on such duties, that are assessed under the antidumping order or finding or the countervailing duty order with respect to which the account was established since the effective date of this section. ``(3) The monies in a special account shall be available for distribution to the extent of actual assessment (including interest). ``(4) Consistent with the requirements of paragraph (c), the Commissioner shall by regulation prescribe the time and manner in which distribution of funds from special accounts will be made. ``(5) The special accounts will remain in existence until all entries relating to an order which has been terminated are liquidated and duties assessed collected and the Commissioner has provided one last notice of opportunity to obtain distribution pursuant to paragraph (c). Amounts unclaimed within 90 days of the time of such final distribution shall be turned over to the general Treasury.'' (b) Effective Date.--The continued antidumping or subsidy offset will apply with regard to all assessments made on or after October 1, 1996, on outstanding antidumping findings or orders or countervailing duty orders.

Continued Dumping or Subsidy Offset Act of 1997 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, and environmental equipment, training and-or technology. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.

{"src": "billsum_train", "title": "Continued Dumping or Subsidy Offset Act of 1997"}

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Regulatory Easement for Lending Institutions that Enable a Vibrant Economy Act of 2014'' or the ``RELIEVE Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. TITLE I--EXPANSION OF SMALL BANK HOLDING COMPANY POLICY STATEMENT DEFINITION Sec. 101. Changes required to small bank holding company policy statement on assessment of financial and managerial factors. Sec. 102. Conforming amendment. Sec. 103. Definitions. TITLE II--QUALIFIED MORTGAGES FOR RURAL LENDERS Sec. 201. Qualified mortgages for rural lenders. TITLE III--INSURANCE OF AMOUNTS HELD ON BEHALF OF OTHERS Sec. 301. Insurance of amounts held on behalf of others. TITLE I--EXPANSION OF SMALL BANK HOLDING COMPANY POLICY STATEMENT DEFINITION SEC. 101. CHANGES REQUIRED TO SMALL BANK HOLDING COMPANY POLICY STATEMENT ON ASSESSMENT OF FINANCIAL AND MANAGERIAL FACTORS. (a) In General.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System (hereafter in this Act referred to as the ``Board'') shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225 appendix C) that provide that the policy shall apply to bank holding companies and savings and loan holding companies which have pro forma consolidated assets of less than $1,000,000,000 and that-- (1) are not engaged in significant nonbanking activities either directly or through a nonbank subsidiary; (2) do not conduct significant off-balance sheet activities (including securitization and asset management or administration) either directly or through a nonbank subsidiary; and (3) do not have a material amount of debt or equity securities outstanding (other than trust preferred securities) that are registered with the Securities and Exchange Commission. (b) Exclusions.--The Board may exclude any bank holding company or savings and loan holding company, regardless of asset size, from the policy statement under subsection (a) if the Board determines that such action is warranted for supervisory purposes. SEC. 102. CONFORMING AMENDMENT. Section 171(b)(5)(C) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5371(b)(5)(C)) is amended by inserting ``or small savings and loan holding company'' after ``any small bank holding company''. SEC. 103. DEFINITIONS. For the purposes of this title: (a) Bank Holding Company.--The term ``bank holding company'' has the same meaning as in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841). (b) Savings and Loan Holding.--The term ``savings and loan holding company'' has the same meaning as in section 10(a) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)). TITLE II--QUALIFIED MORTGAGES FOR RURAL LENDERS SEC. 201. QUALIFIED MORTGAGES FOR RURAL LENDERS. Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 1639c(b)(2)) is amended-- (1) in subparagraph (E)(vi)(II), by striking ``a limit set by the Board'' and inserting ``1,000 per year''; and (2) by inserting after subparagraph (E) the following: ``(F) Rural.--The term `rural' means any area other than-- ``(i) a city or town that has a population of greater than 50,000 inhabitants; and ``(ii) any urbanized area contiguous and adjacent to a city or town described in clause (i).''. TITLE III--INSURANCE OF AMOUNTS HELD ON BEHALF OF OTHERS SEC. 301. INSURANCE OF AMOUNTS HELD ON BEHALF OF OTHERS. Section 207(k) of the Federal Credit Union Act (12 U.S.C. 1787(k)) is amended-- (1) in paragraph (1)(A)-- (A) by inserting after ``payable to any member'' the following: ``, or to any person with funds lawfully held in a member account,''; and (B) by striking ``and paragraphs (5) and (6)''; (2) in paragraph (2)(A), by striking ``(as determined under paragraph (5))''; (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following: ``(5) Coverage for interest on lawyers trust accounts and other similar escrow accounts.-- ``(A) Pass-through insurance.--The Administration shall provide pass-through share insurance for the deposits or shares of any interest on lawyers trust account (commonly referred to as `IOLTA') or other similar escrow accounts. ``(B) Treatment of ioltas.-- ``(i) Treatment as escrow accounts.--For share insurance purposes, IOLTAs are treated as escrow accounts. ``(ii) Treatment as member accounts.-- IOLTAs and other similar escrow accounts are considered member accounts for purposes of paragraph (1), if the attorney administering the IOLTA or the escrow agent administering the escrow account is a member of the insured credit union in which the funds are held. ``(C) Definitions.--For purposes of this paragraph: ``(i) Interest on lawyers trust account.-- The terms `interest on lawyers trust account' or `IOLTA' mean a system in which lawyers place certain client funds in interest-bearing or dividend-bearing accounts, with the interest or dividends then used to fund programs such as legal service organizations who provide services to clients in need. ``(ii) Pass-through share insurance.--The term `pass-through share insurance' means, with respect to IOLTAs and other similar escrow accounts, insurance coverage based on the interest of each person on whose behalf funds are held in such accounts by the attorney administering the IOLTA or the escrow agent administering a similar escrow account, in accordance with regulations issued by the Administration. ``(D) Rule of construction.--No provision of this paragraph shall be construed as authorizing an insured credit union to accept the deposits of an IOLTA or similar escrow account in an amount greater than such credit union is authorized to accept under any other provision of Federal or State law.''.

Regulatory Easement for Lending Institutions that Enable a Vibrant Economy Act of 2014 or the RELIEVE Act - Directs the Board of Governors of the Federal Reserve System to publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors that apply the policy (unless exclusion is warranted for supervisory purposes) to bank holding companies and savings and loan holding companies with pro forma consolidated assets of less than $1 billion, and which: are not engaged in significant nonbanking activities either directly or through a nonbank subsidiary, do not conduct significant off-balance sheet activities (including securitization and asset management or administration) either directly or through a nonbank subsidiary, and do not have a material amount of debt or equity securities outstanding (other than trust preferred securities) registered with the Securities and Exchange Commission (SEC). Amends the Truth in Lending Act to limit to a city or town with under 50,000 inhabitants the meaning of "rural" with respect to rural lenders which may presume that the applicant for a residential mortgage loan has a reasonable ability to repay the loan and all applicable taxes, insurance, and assessments. Amends the Federal Credit Union Act regarding insured amounts payable in connection with a bankrupt state-chartered credit union for which the National Credit Union Administration (NCUA) Board is the liquidating agent. Revises requirements relating to the limitation to the standard maximum share insurance amount ($250,000) for the net amount of share insurance payable to any member at an insured credit union in the event of such a bankruptcy. Applies the limitation also to any person with funds lawfully held in a member account. Requires the Board to provide pass-through share insurance paid by certain lawyers administering deposits or shares of any interest on a lawyer's trust account (IOLTA), or paid by the escrow agent administering other similar escrow accounts. Defines "IOLTA" as a system in which lawyers place certain client funds in interest-bearing or dividend-bearing accounts, with the interest or dividends then used to fund programs such as legal service organizations providing services to clients in need. Treats IOLTAs as escrow accounts for share insurance purposes, and considers them as member accounts if the administering attorney or escrow agent is a member of the insured credit union in which the funds are held.

{"src": "billsum_train", "title": "RELIEVE Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on Rebuilding America for the 21st Century Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1808, Albert Gallatin, while serving as President Thomas Jefferson's Secretary of the Treasury, reported to Congress on the infrastructure investments needed by the young Nation. (2) Gallatin's plan built on President George Washington's vision of connecting the interior settlements of the Nation with the markets and ports of the East Coast through a network of roads and canals, and provided a roadmap for infrastructure development in the 19th century. (3) In 1908, President Theodore Roosevelt convened a conference of State and territorial governors, members of his Cabinet and Congress, professional organizations, private citizens, and government agencies to plan for the United States conservation and infrastructure needs in the 20th century. (4) The resulting plan laid the groundwork for many of the critical investments initiated by President Franklin D. Roosevelt to jumpstart the Nation's recovery from the Great Depression. (5) Today, as in 1808 and 1908, the United States is faced with significant economic, environmental, and demographic challenges. (6) To stave off the worst effects of global warming, the United States will need to reduce greenhouse gas emissions significantly. (7) The Nation's population is projected to increase to 420 million by 2050, which is nearly a 50 percent increase from the Nation's population size in 2000. (8) By 2050, more than 70 percent of the Nation's population growth and economic growth is expected to take place in extended networks of metropolitan regions linked by environmental systems, transportation networks, economies, and culture. (9) The National Surface Transportation Policy and Revenue Study Commission recently calculated that maintaining the Nation's existing transportation system over the next 50 years will require $225 billion annually. The latest transportation authorization, SAFETEA-LU, provided only $244 billion total for the 5 years ending with fiscal year 2009. (10) The American Society of Civil Engineers has given the Nation's public infrastructure, consisting of water, sewer, and transportation systems, a grade of D-minus, estimating that it will cost $1.6 trillion over the next 5 years merely to repair the Nation's existing infrastructure. (11) The Nation's decaying water infrastructure and a lack of available funding to maintain and upgrade the Nation's wastewater infrastructure pose a serious threat to water quality. More than 72,000 miles of municipal water and sewer pipe are more than 80 years old, threatening the health, environment, and economy of communities large and small. (12) Population growth and associated development will place the Nation's water resources under increasing stress, including increased pollutant loads, increased potential for flooding, diminished drinking water supplies, loss of aquatic habitat, and stream scouring and erosion. Global warming will exacerbate existing water challenges and make other changes to the natural hydrology, including more extreme storm events, more frequent droughts, higher air and water temperatures, changes in timing of stream flows, and sea level rise. New technologies and a comprehensive strategy will be needed to overcome these challenges and ensure a safe, adequate, reliable, and sustainable water supply. (13) The Environmental Protection Agency, the Congressional Budget Office, and other stakeholders have identified a funding gap of between $300 billion and $400 billion over the next 20 years for the restoration and replacement of wastewater infrastructure, and an additional $250 billion over the next 30 years will be needed to replace worn-out drinking water pipes and associated structures. (14) From 1999 to 2009, the Nation's electricity demand rose by nearly 20 percent while transmission capacity grew by only 3.5 percent. To accommodate increased demand, and to accommodate increased electrical supply from renewable sources by 2050, electrical transmission infrastructure requires significant investment. (15) The Nation's rural economy is dependant on transportation and communications networks to grow and compete in an increasingly globalized market. (16) Significant under-investment in public lands infrastructure jeopardizes the tremendous conservation, environmental, and mixed use benefits that these lands provide the public. (17) Much of the Nation's infrastructure was built in the last half of the 20th century and will reach its capacity limits early in the 21st century. Unless new capacity is created in roads, rails, airports, seaports, and other systems, the Nation's economic potential will be artificially limited. (18) Since 1980, the number of miles people in the United States drive has grown 3 times faster than the Nation's population. Residents of walkable cities, however, drive 26 percent fewer miles per day than those living in the most sprawling areas. (19) By 2050, 89 million new or replaced homes as well as 190 billion square feet of new offices, stores, and other nonresidential buildings will be constructed. (20) By 2050, smart growth building policies could reduce total transportation-related CO<INF>2</INF> emissions by 7 to 10 percent. (21) Development of a bold national plan to overcome these challenges by 2050 will allow the United States to respond in the most economically and environmentally sustainable way. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``United States Commission on Rebuilding America for the 21st Century'' (in this Act referred to as the ``Commission''). SEC. 4. MEMBERSHIP. (a) Appointment of Members.--The Commission shall be composed of 17 members as follows: (1) Two members, including the chairman of the Commission, to be appointed by the Speaker of the House of Representatives. (2) Two members to be appointed by the majority leader of the Senate. (3) Three members to be appointed jointly by the minority leader of the House of Representatives and the minority leader of the Senate. (4) One member to be appointed by the Administrator of the Environmental Protection Agency. (5) One member to be appointed by the Secretary of Transportation. (6) One member to be appointed by the Secretary of Housing and Urban Development. (7) One member to be appointed by the Secretary of the Interior. (8) One member to be appointed by the Secretary of Energy. (9) One member to be appointed by the President of the Executive Committee of the Board of Directors of the National Association of Counties, in consultation with the other members of the Board. (10) One member to be appointed by the Chair of the National Governors Association. (11) One member to be appointed by the Executive Director of the National Conference of State Legislatures, in consultation with the members of the Conference's executive committee. (12) One member to be appointed by the President of the Board of Directors of the National Association of Regional Councils, in consultation with the other members of the Board. (13) One member to be appointed by the President of the United States Conference of Mayors, in consultation with the members of the Conference's executive board. (b) Dates of Appointments.--The initial member appointed to the Commission shall be the Chairman, as designated by the Speaker of the House of Representatives under subsection (a)(1). The remainder of the members of the Commission shall be appointed in the 30-day period beginning on the 30th day following the date of the appointment of the Chairman. (c) Qualifications.-- (1) In general.--Each member of the Commission shall be knowledgeable in-- (A) the fields of transportation finance, highway and transit programs, and transportation policy; (B) the fields of land use and housing policy, including community planning and design; (C) the fields of water supply, water infrastructure, and water conservation policy; or (D) the fields of energy supply, energy infrastructure, and energy conservation policy. (2) Eligibility of certain representatives.--The members of the Commission-- (A) may include representatives of State and local governments, public transportation authorities, and other appropriate governmental units; but (B) may not include any member of the House of Representatives, the Senate, or the President's Cabinet. (d) Terms.--The members of the Commission shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy on the Commission shall be filled promptly and in the manner in which the original appointment was made. (f) Meetings.-- (1) Initial meeting.--Not later than 60 days after the last day of the appointment period described in section 4(b), the Commission shall hold the initial meeting of the Commission. (2) Meetings.--The Commission shall meet at the call of the chairman of the Commission or a majority of its members. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Pay.--Members of the Commission shall serve without pay. (h) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 5. DUTIES. (a) Review of Published Materials.-- (1) In general.--The Commission shall review published materials on the Nation's transportation, water, energy, public lands, and housing infrastructure and, based on the review, assess the challenges of meeting the Nation's infrastructure needs in the 21st century. (2) Report to congress.--Not later than 120 days after the last day of the appointment period described in section 4(b), the Commission shall submit to Congress a report on the review and assessment conducted under paragraph (1) and make the report available to the public. (b) Public Hearings.--In order to facilitate a national dialogue on the Nation's infrastructure needs, the Commission shall hold public hearings in at least 50 congressional districts representing a cross- section of the geographical regions of the United States, and consult with other interested persons, before submitting a final report under subsection (c) (c) Final Report.-- (1) National vision of infrastructure investments.--Not later than one year after the last day of the appointment period described in section 4(b), the Commission shall prepare and submit to Congress a report that-- (A) documents the challenges of meeting the Nation's transportation, water, energy, public lands, and housing infrastructure needs in the 21st century; and (B) articulates a national vision of infrastructure investments to overcome the challenges. (2) Specific recommendations.--The report to be submitted under paragraph (1) shall contain specific recommendations on appropriate policies and investments, including integration of existing programs, to provide the people of the United States with-- (A) improved transportation mobility, choice, and access to economic opportunities; (B) streamlined investment processes to facilitate State and local transportation investments; (C) improved community health outcomes and social equity; (D) improved water conservation, quality, and quantity; (E) an efficient, vibrant, and flexible electric grid that delivers clean, safe, and affordable energy; (F) reductions in greenhouse gas emissions; and (G) improved public lands infrastructure sufficient to accommodate the growth in users without degrading the environmental and conservation values of the public lands. (3) Model principles.--The report to be submitted under paragraph (1) shall contain a set of model principles to ensure that future investments in the Nation's transportation, water, energy, public lands, and housing infrastructure incorporate the findings and recommendations contained in the report. SEC. 6. POWERS. (a) Hearings and Sessions.--For the purpose of carrying out this Act, the Commission may hold such hearings, meet and act at such times and places, take such testimony, administer such oaths, and receive such evidence as the Commission considers appropriate. (b) Other Evidence.--The Commission shall gather evidence through such means as the Commission considers appropriate, including-- (1) by soliciting comments through Federal Register notices; and (2) by receiving testimony at public hearings conducted by members of the Commission, at the direction of the chairman of the Commission, subject to appropriate rules governing the receiving of evidence. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information (other than information required by any law to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this Act. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. (d) Contracts.--The Commission may enter into contracts with other entities in carrying out the duties of the Commission. (e) Gifts, Bequests, and Devises.--To the extent or in the amounts provided in advance in appropriations Acts, 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. (f) 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. (g) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. STAFF. (a) Staff.--The Commission may appoint and fix the pay of such personnel as the Commission considers appropriate. (b) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-15 of the General Schedule. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,500,000. SEC. 9. TERMINATION. The Commission shall terminate on the 180th day following the date of transmittal of the final report required under section 5(c). All records and papers of the Commission shall thereupon be delivered to the Administrator of General Services for deposit in the National Archives.

United States Commission on Rebuilding America for the 21st Century Act - Establishes the United States Commission on Rebuilding America for the 21st Century to review published materials on the nation's transportation, water, energy, public lands, and housing infrastructure and assess the challenges of meeting the nation's infrastructure needs in the 21st century. Directs the Commission to submit to Congress a report that: (1) documents those challenges and articulates a national vision of infrastructure investments to overcome them; (2) contains specific recommendations on policies and investments to provide for streamlined state and local transportation investment processes, an electric grid that delivers clean, safe, and affordable energy, reductions in greenhouse has emissions, and improved transportation mobility, community health outcomes, water conservation, and public lands infrastructure accommodating user growth without degrading the environment; and (3) contains a set of model principles to ensure that future investments in the nation's infrastructure incorporate the report's findings and recommendations.

{"src": "billsum_train", "title": "To establish the United States Commission on Rebuilding America for the 21st Century, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Audit U.S. Departments to Insulate Taxpayers Act of 2015'' or the ``AUDIT Act''. SEC. 2. GAO REPORT REQUIRED. (a) GAO Report.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General shall submit to Congress the report required by section 21 of title II of Public Law 111-139 (124 Stat. 29; 31 U.S.C. 712 Note), including a legislative proposal that implements the recommendations. (b) Introduction of Legislative Recommendations.-- (1) In general.--Not later than 30 days after the date on which the report is submitted under subsection (a), a legislative proposal based on the report shall be introduced in the Senate by the chair or ranking minority member of the Homeland Security and Governmental Affairs Committee of the Senate and shall be introduced in the House of Representatives by the chair or ranking minority member of the Oversight and Government Reform Committee of the House of Representatives. (2) Not in session.--If either House is not in session on the day on which such legislative proposal is submitted, the legislative proposal shall be introduced in that House, as provided in paragraph (1), on the first day thereafter on which that House is in session. (3) Introduction by member.--If the legislative proposal is not introduced in either House within 5 days on which that House is in session after the day on which the legislative proposal is submitted, then any Member of that House may introduce the legislative proposal. (4) Referral.--The legislation introduced under this subsection in the House of Representatives shall be referred to the Committee on Oversight and Government Reform of the House of Representatives. The legislation introduced under this subsection in the Senate shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Hearings Required.--After the date on which the legislative proposal is introduced in the House of Representatives and the Senate, the chair of the Committee on Oversight and Government Reform of the House of Representatives and the chair of the Committee on Homeland Security and Governmental Affairs of the Senate shall hold hearings to provide a representative of the relevant agency the opportunity to testify regarding the merits of the programs described in the legislative proposal. (d) Discharge.--If the committee to which a legislative proposal described in subsection (a) is referred has not reported the bill containing such proposal by the end of the 60-day period beginning on the date on which the report is submitted under subsection (a), such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. In calculating the 60-day period, days on which either House is not in session because of an adjournment of more than 3 days to a date certain shall not be counted. (e) Expedited Consideration.-- (1) Consideration.--On or after the third day after the date on which the committee to which such a bill is referred has reported, or has been discharged (under subsection (d)) from further consideration of, such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill. A member may make the motion only on the legislative day after the day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the bill was referred. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the respective House shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (2) Debate.--Debate on the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 4 hours in the House of Representatives and 10 hours in the Senate, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (3) Vote on final passage.--Immediately following the conclusion of the debate on the bill and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (4) Appeals.--Appeals from the decisions of the chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to the bill shall be decided without debate. (f) Exercise of Rulemaking Powers.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. (g) Definitions.--In this section, the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code.

Audit U.S. Departments to Insulate Taxpayers Act of 2015 or the AUDIT Act This bill directs the Government Accountability Office (GAO) to submit to Congress within 90 days the required annual report identifying programs, agencies, offices, and initiatives with duplicative goals and activities. The report includes the cost of the duplication and recommendations for consolidation and elimination to reduce the duplication.The GAO must also include with the report a legislative proposal that implements the recommendations. The bill establishes expedited procedures for congressional consideration of legislation based on the report.

{"src": "billsum_train", "title": "AUDIT Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Access to Data Stored Abroad Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Electronic Communications Privacy Act of 1986 (Public Law 99-508; 100 Stat. 1848) (referred to in this section as ``ECPA'') was intended to protect the privacy of electronic communications stored with providers of electronic communications services and remote computing services, while balancing the legitimate needs of law enforcement to access records stored by such providers. (2) To strike this balance, ECPA authorized governmental entities to obtain certain categories of communications data from providers using established, pre-existing forms of process--warrants and subpoenas. It also created a new form of court order, in section 2703(d) of title 18, United States Code, that governmental entities could use to obtain additional types of communications data. (3) It has been well established that courts in the United States lack the power to issue warrants authorizing extraterritorial searches and seizures, and neither ECPA nor subsequent amendments extended the warrant power of courts in the United States beyond the territorial reach of the United States. (4) Nevertheless, Congress also recognizes the legitimate needs of law enforcement agencies in the United States to obtain, through lawful process, electronic communications relevant to criminal investigations related to United States persons wherever that content may be stored. Therefore, this Act authorizes the use of search warrants extraterritorially only where the Government seeks to obtain the contents of electronic communications belonging to a United States person. SEC. 3. SCOPE AND CLARIFICATION OF WARRANT REQUIREMENT. (a) In General.--Chapter 121 of title 18, United States Code, is amended-- (1) in section 2702(a), by amending paragraph (3) to read as follows: ``(3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge to any governmental entity the contents of any communication described in section 2703(a), or any record or other information pertaining to a subscriber or customer of such service.''; (2) in section 2703-- (A) by striking subsections (a) and (b) and inserting the following: ``(a) Contents of Wire or Electronic Communication in Electronic Storage.--A governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction. Subject to subsection (b), a warrant issued pursuant to this subsection may be used to require the disclosure of contents of a wire or electronic communication that are in the provider's electronic storage within the United States or otherwise stored, held, or maintained within the United States by the provider. ``(b) Warrant Requirements.--A warrant issued under subsection (a) may require the disclosure of the contents of a wire or electronic communication, regardless of where such contents may be in electronic storage or otherwise stored, held, or maintained by the provider, if the account-holder whose contents are sought by the warrant is a United States person. A court issuing a warrant pursuant to this subsection, on a motion made promptly by the service provider, shall modify or vacate such warrant if the court finds that the warrant would require the provider of an electronic communications or remote computing service to violate the laws of a foreign country.''; (B) in subsection (d), in the first sentence-- (i) by striking ``(b) or''; (ii) by striking ``the contents of a wire or electronic communication, or''; and (iii) by striking ``sought, are'' and inserting ``sought are''; and (C) by adding at the end the following: ``(h) Rule of Construction.--Nothing in this section or in section 2702 shall be construed to limit the authority of a governmental entity to use an administrative subpoena authorized under a Federal or State statute or to use a Federal or State grand jury, trial, or civil discovery subpoena to-- ``(1) require an originator, addressee, or intended recipient of an electronic communication to disclose the contents of the electronic communication to the governmental entity; or ``(2) require an entity that provides electronic communication services to the officers, directors, employees, or agents of the entity (for the purpose of carrying out their duties) to disclose the contents of an electronic communication to or from an officer, director, employee, or agent of the entity to a governmental entity, if the electronic communication is held, stored, or maintained on an electronic communications system owned or operated by the entity. ``(i) Notice.--Except as provided in section 2705, not later than 10 business days after a governmental entity receives the contents of a wire or electronic communication of a subscriber or customer from a provider of electronic communication service or remote computing service under subsection (a), the governmental entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, as specified by the court issuing the warrant, the subscriber or customer-- ``(1) a copy of the warrant; and ``(2) notice that informs the customer or subscriber-- ``(A) of the nature of the law enforcement inquiry with reasonable specificity; and ``(B) that information maintained for the customer or subscriber by the provider of electronic communication service or remote computing service named in the process or request was supplied to, or requested by, the governmental entity.''; (3) in section 2704(a)(1), by striking ``section 2703(b)(2)'' and inserting ``section 2703''; (4) in section 2705-- (A) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) A governmental entity that is seeking a warrant under section 2703 may include in the application for the warrant a request, which the court shall grant, for an order delaying the notification required under section 2703(i) for a period of not more than 90 days, if the court determines that there is reason to believe that notification of the existence of the warrant may have an adverse result described in paragraph (2) of this subsection.''; and (B) in subsection (b), in the matter preceding paragraph (1), by striking ``under section 2703(b)(1)''; and (5) in section 2711-- (A) in paragraph (3)(B) by striking ``warrants; and'' and inserting ``warrants;''; (B) in paragraph (4) by striking ``thereof.'' and inserting ``thereof; and''; and (C) by adding at the end the following: ``(5) the term `United States person' means a citizen or permanent resident alien of the United States, or an entity or organization organized under the laws of the United States or a State or political subdivision thereof.''. SEC. 4. MUTUAL LEGAL ASSISTANCE TREATY REFORMS. (a) Mutual Legal Assistance Treaty Transparency and Efficiency.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish-- (A) a form for use by a foreign government filing a mutual legal assistance treaty request (referred to in this section as an ``MLAT request''), which shall-- (i) be made available on the website of the Department of Justice; and (ii) require sufficient information and be susceptible for use by a foreign government to provide all the information necessary for the MLAT request; and (B) an online docketing system for all MLAT requests, which shall allow a foreign government to track the status of an MLAT request filed by the foreign government. (2) Annual publication.--Beginning not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish on the website of the Department of Justice statistics on-- (A)(i) the number of MLAT requests made by the Department of Justice to foreign governments for the purpose of obtaining the contents of an electronic communication or other information or records from a provider of electronic communications or remote computing services; and (ii) the average length of time taken by foreign governments to process the MLAT requests described in clause (i); and (B)(i) the number of MLAT requests made to the Department of Justice by foreign governments for the purpose of obtaining the contents of an electronic communication or other information or records from a provider of electronic communications or remote computing services; and (ii) the average length of time taken by the Department of Justice to process the MLAT requests described in clause (i). (3) Notice to department of state.--The Attorney General shall notify the Secretary of State not later than 7 days after the date on which disclosure of electronic communications content to a foreign government is made pursuant to an MLAT request. (b) Preservation of Records.--The Attorney General may issue a request pursuant to section 2703(f) of title 18, United States Code, upon receipt of an MLAT request that appears to be facially valid. (c) Notification to Provider of MLAT Request.--When the Attorney General makes use of the process provided in section 2703 of title 18, United States Code, to obtain information from an electronic communications provider or a remote computing provider based on an MLAT request, the Attorney General shall notify that provider in writing that the request has been made pursuant to a mutual legal assistance treaty. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that-- (1) data localization requirements imposed by foreign governments on data providers are-- (A) incompatible with the borderless nature of the Internet; (B) an impediment to online innovation; and (C) unnecessary to meet the needs of law enforcement; and (2) the Department of Justice, the Department of State, and the United States Trade Representatives should pursue open data flow policies with foreign nations.

Law Enforcement Access to Data Stored Abroad Act Amends the federal criminal code to authorize a governmental entity to require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider only pursuant to a warrant issued by a court of competent jurisdiction. Authorizes such a warrant to require such disclosure regardless of where such contents may be in electronic storage or otherwise stored, held, or maintained by the provider if the holder of the account the contents of which are sought by the warrant is a U.S. person. Requires a court, on a service provider's motion, to modify or vacate such a warrant upon finding that it would require the provider to violate the laws of a foreign country. Sets forth requirements for government notification of provider customers or subscribers regarding the receipt of communication contents pursuant to such a warrant. Directs the Attorney General to: (1) establish a form for use by a foreign government filing a mutual legal assistance treaty (MLAT) request; (2) establish an online docketing system for all MLAT requests; and (3) publish statistics annually on MLAT requests made by the Department of Justice (DOJ) to foreign governments, and by foreign governments to DOJ, to obtain the contents of communications or other information or records from a provider of electronic communications or remote computing services. Expresses the sense of Congress that: (1) data localization requirements imposed by foreign governments on data providers are incompatible with the borderless nature of the Internet, an impediment to online innovation, and unnecessary to meet the needs of law enforcement; and (2) DOJ, the Department of State, and the U.S. Trade Representative should pursue open data flow policies with foreign nations.

{"src": "billsum_train", "title": "Law Enforcement Access to Data Stored Abroad Act"}

SECTION 1. FINDINGS. Congress finds that-- (1) black carbon-- (A) is a component of ambient particulate matter, the mixture of which has been found to harm public health by causing serious respiratory and cardiovascular effects in developed and developing countries; (B) plays a role in climate change by-- (i) absorbing solar radiation; and (ii) reducing the reflectivity of snow and ice; and (C) is emitted from incomplete combustion of fossil fuels, biomass, and biofuels; (2) recent studies have shown that, in the United States, old diesel engines are a major contributor of black carbon; (3)(A) the United States has made great progress in reducing black carbon emissions through regulations on new vehicles and engines and a voluntary national diesel retrofit program; but (B) there remain in the United States more than 11,000,000 diesel engines lacking the latest diesel emission control technology; and (4) the collection of information relating to, and research regarding, black carbon would be useful to identify cost- effective methods of reducing black carbon emissions in ways and from sources that would have beneficial effects on the public health and the climate. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Black carbon.--The term ``black carbon'' means any light-absorbing graphitic (such as elemental) particle produced by incomplete combustion. SEC. 3. STUDY OF BLACK CARBON EMISSIONS. (a) Study.--The Administrator, in consultation with the Secretary of Energy, the Secretary of State, and the heads of the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, the United States Agency for International Development, the National Institutes of Health, the Centers for Disease Control and Prevention, and other relevant Federal departments and agencies and representatives of appropriate industry and environmental groups, shall conduct a 4-phase study of black carbon emissions, the phases of which shall be the following: (1) Phase i-universal definition.--The Administrator shall conduct phase I of the study under this subsection to carry out measures to establish for the scientific community standard definitions of the terms-- (A) black carbon; and (B) organic carbon. (2) Phase ii-sources and technologies.--The Administrator shall conduct phase II of the study under this subsection to summarize the available scientific and technical information concerning-- (A) the identification of the major sources of black carbon emissions in the United States and throughout the world; (B) an estimate of-- (i) the quantity of current and projected future black carbon emissions from those sources; and (ii) the net climate effects of the emissions; (C) the most recent scientific data relevant to the public health- and climate-related impacts of black carbon emissions and associated emissions of organic carbon, nitrogen oxides, and sulfur oxides from the sources identified under subparagraph (A); (D) the most effective control strategies for additional domestic and international reductions in black carbon emissions, taking into consideration lifecycle analysis, cost-effectiveness, and the net climate impact of technologies, operations, and strategies, such as-- (i) diesel particulate filters on existing diesel on- and off-road engines; and (ii) particulate emission reduction measures for marine vessels; (E) carbon dioxide equivalency factors, global or regional modeling, or other metrics to compare the global warming and other climate effects of black carbon emissions with carbon dioxide and other greenhouse gas emissions; and (F) the health benefits associated with additional black carbon emission reductions. (3) Phase iii-international funding.--The Administrator shall conduct phase III of the study under this subsection-- (A) to summarize the amount, type, and direction of all actual and potential financial, technical, and related assistance provided by the United States to foreign countries to reduce, mitigate, or otherwise abate-- (i) black carbon emissions; and (ii) any health, environmental, and economic impacts associated with those emissions; and (B) to identify opportunities, including action under existing authority, to achieve significant black carbon emission reductions in foreign countries through the provision of technical assistance or other approaches. (4) Phase iv-research and development opportunities.--The Administrator conduct phase IV of the study under this subsection for the purpose of providing to Congress recommendations regarding-- (A) areas of focus for additional research for cost-effective technologies, operations, and strategies with the highest potential to reduce black carbon emissions and protect public health in the United States and internationally; and (B) actions that the Federal Government could take to encourage or require additional black carbon emission reductions. (b) Reports.--The Administrator shall submit to Congress-- (1) by not later than 180 days after the date of enactment of this Act, a report describing the results of phases I and II of the study under paragraphs (1) and (2) of subsection (a); (2) by not later than 270 days after the date of enactment of this Act, a report describing the results of phase III of the study under subsection (a)(3); and (3) by not later than 1 year after the date of enactment of this Act, a report describing the recommendations developed for phase IV of the study under subsection (a)(4). (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Requires the Administrator of the Environmental Protection Agency (EPA) to conduct a study of black carbon emissions, which shall include: (1) phase I to establish for the scientific community standard definitions of the terms black carbon and organic carbon; (2) phase II to summarize the available scientific and technical information concerning an identification of the major sources of black carbon emissions in the United States and throughout the world, an estimate of the quantity of current and projected emissions and the net climate effects of the emissions from those sources, the most effective control strategies for additional domestic and international reductions in black carbon emissions, and the health benefits associated with additional reductions; (3) phase III to summarize the amount, type, and direction of all actual and potential financial, technical, and related assistance provided by the United States to foreign countries to reduce, mitigate, or otherwise abate black carbon emissions and any health, environmental, and economic impacts associated with those emissions and to identify opportunities to achieve significant black carbon emission reductions in foreign countries through the provision of technical assistance or other approaches; and (4) phase IV to provide recommendations regarding areas of focus for additional research for cost-effective technologies, operations, and strategies with the highest potential to reduce black carbon emissions and protect public health and regarding government actions to encourage or require additional black carbon emission reduction. Sets forth reporting deadlines for each phase. Authorizes appropriations.

{"src": "billsum_train", "title": "A bill to require the Administrator of the Environmental Protection Agency to conduct a study on black carbon emissions."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cloud Computing Act of 2012''. SEC. 2. UNLAWFUL ACCESS TO CLOUD COMPUTING SERVICES. (a) In General.--Section 1030 of title 18, United States Code, is amended by adding at the end the following: ``(k) For purposes of an offense described in paragraph (2)(C), (4), or (5) of subsection (a) or an attempt or conspiracy to commit such an offense, if the protected computer is part of a cloud computing service, each instance of unauthorized access of a cloud computing account, access in excess of authorization of a cloud computing account, or attempt or conspiracy to access a cloud computing account without authorization or in excess of authorization shall constitute a separate offense.''. (b) Definitions.--Section 1030(e) of title 18, United States Code, is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(13) the term `cloud computing account' means information stored on a cloud computing service that requires a password or similar information to access and is attributable to an individual, which may include allowing a customer of the cloud computing service to have multiple accounts; and ``(14) the term `cloud computing service' means a service that enables convenient, on-demand network access to a shared pool of configurable computing resources (including networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or interaction by the provider of the service.''. SEC. 3. PRESUMED LOSSES. Section 1030 of title 18, United States Code, as amended by section 2(a), is amended by adding at the end the following: ``(l) If an offense under this section involves a protected computer that is part of a cloud computing service, the value of the loss of the use of the protected computer for purposes of subsection (a)(4), the value of the information obtained for purposes of subsection (c)(2)(B)(iii), and the value of the aggregated loss for purposes of subsection (c)(4)(A)(i)(I) shall be the greater of-- ``(1) the value of the loss of use, information, or aggregated loss to 1 or more persons; or ``(2) the product obtained by multiplying the number of cloud computing accounts accessed by $500.''. SEC. 4. INTERACTION WITH INTERNATIONAL FORA TO ADVANCE INTERNATIONAL INTEROPERABILITY WITH LAW AND POLICIES OF UNITED STATES. The Secretary of State shall work with other international fora, such as the Organization for Economic Cooperation and Development, to advance the aims of ensuring interoperability between the provisions of this Act, the amendments made by this Act, and other laws and policies of the United States and foreign countries, including in consultations between the United States and the European Union. SEC. 5. ANNUAL STUDY AND REPORT ON INTERNATIONAL COOPERATION REGARDING DATA PRIVACY, RETENTION, AND SECURITY. (a) In General.--Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter for 4 years, the Secretary of State shall-- (1) conduct a study on international cooperation regarding data privacy, retention, and security; and (2) submit to Congress a report on the findings of the Secretary with respect to the most recent study carried out under paragraph (1) and the activities of the Secretary under section 4. (b) Matters Studied.--Each study conducted under subsection (a)(1) shall include development of recommendations for best practices, treaties, common policy frameworks, mutual recognition agreements, the creation of hybrid public-private authorities, codes of conduct, or other guidance the Secretary of State considers necessary to promote the development of laws and policies in foreign countries that are interoperable with and that will reinforce the effectiveness of-- (1) the provisions of this Act and the amendments made by this Act; and (2) policies relating to data privacy, data retention, security of data, and assertions of jurisdiction over data, including with respect to law enforcement access to data. (c) Interagency Coordination.--In conducting the studies required by subsection (a)(1), the Secretary of State shall consult with the heads of relevant agencies, such as the following: (1) The National Economic Council. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Federal Trade Commission. (5) The Secretary of Homeland Security. (6) The United States Trade Representative. SEC. 6. ANNUAL FEDERAL INFORMATION TECHNOLOGY AND CLOUD COMPUTING PROCUREMENT FORECAST. (a) Cloud Computing Service Defined.--In this section, the term ``cloud computing service'' has the meaning given the term by the Under Secretary of Commerce for Standards and Technology. (b) Forecast Required.--Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter for 4 years, the head of each Federal agency described in section 901(b) of title 31, United States Code, shall, consistent with Cloud First policy outlined in the document of the Office of Management and Budget entitled ``Federal Cloud Computing Strategy'' and dated February 8, 2011, submit to the Administrator of the Office of Electronic Government and Information Technology of the Office of Management and Budget a 3-year forecast of the plans of the agency relating to the procurement of cloud computing services and support relating to such services. (c) Publication.--The Administrator shall make each 3-year forecast submitted under subsection (b) available to the public via an Internet website.

Cloud Computing Act of 2012 - Amends the Computer Fraud and Abuse Act to provide that each instance of unauthorized access of a cloud computing account, access of such an account in excess of authorization, or an attempt or conspiracy to access such an account without or in excess of authorization in violation of such Act shall constitute a separate offense. Defines: (1) "cloud computing account" as information stored on a cloud computing service that requires a password or similar information to access and is attributable to an individual; and (2) "cloud computing service" as a service that enables convenient, on-demand network access to a shared pool of configurable computing resources that can be rapidly provisioned and released with minimal management effort or interaction by the service provider. Establishes the value of the loss of the use of a computer, the value of the information obtained, and the value of the aggregated loss, for an offense involving unauthorized access to a protected computer that is part of a cloud computing service, as the greater of: (1) the value of the loss of use, information, or aggregated loss to one or more persons; or (2) the product obtained by multiplying $500 by the number of cloud computing accounts accessed. Directs the Secretary of State to work with international fora, such as the Organization for Economic Cooperation and Development (OECD), to advance the aims of ensuring interoperability between the provisions of this Act and other laws and policies of the United States and foreign countries. Requires, within 180 days after enactment of this Act and at least once each year for four years thereafter: (1) the Secretary to conduct a study on international cooperation regarding data privacy, retention, and security; and (2) the heads of specified federal agencies to submit to the Administrator of the Office of Electronic Government and Information Technology of the Office of Management and Budget (OMB) a three-year forecast of the agency's plans relating to the procurement of cloud computing services and support. Directs the Administrator to make each such forecast available to the public via an Internet website.

{"src": "billsum_train", "title": "A bill to improve the enforcement of criminal and civil law with respect to cloud computing, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Territories Infrastructure Bond Bank Authorization Act''. SEC. 2. DEFINITIONS. In this Act: (1) Bank.--The term ``Bank'' means the United States Territories Infrastructure Bond Bank. (2) Board.--The term ``Board'' means the Board of Directors of the United States Territories Infrastructure Bond Bank. (3) Debt instruments.--The term ``debt instruments'' means bonds or notes issued by the Bank under authority granted in this Act. (4) Infrastructure.--The term ``infrastructure'' means those facilities that are essential for public health, welfare, and safety, such as sewage treatment facilities, municipal water supply and treatment facilities, solid waste facilities, public safety equipment and facilities, roads, traffic control devices and other transportation facilities, sidewalks, buried utility lines and other streetscape improvements, parks and other open space or recreational areas. (5) Territorial customer.--The term ``territorial customer'' means any of the governments of the United States territories of American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, or such other territory as shall become eligible in accordance with the provisions of section 14. (6) Territory.--The term ``territory'' means a territory of the United States. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ESTABLISHMENT. (a) In General.--The Secretary shall establish, in accordance with this Act, a body corporate and politic, with corporate succession, to be known as the ``United States Territories Infrastructure Bond Bank''. The Bank shall not be an agency or instrumentality of the Federal Government, and an officer, employee, or member of the board of the Bank shall not be deemed to be an officer or employee of or agent for the Federal Government by reason of such service. (b) Purpose.--The purpose of the Bank shall be to provide low-cost financing for any territorial customer to construct infrastructure or refinance debt that was acquired to construct infrastructure. (c) Essential Governmental Function.--The Bank shall be an entity exercising public and essential governmental functions, and the exercise by the Bank of the powers conferred by this Act is deemed to be an essential governmental function of the territories. (d) Incorporation of Bank.--The Secretary shall-- (1) incorporate the Bank in a jurisdiction of the United States, under the laws of that jurisdiction, after consultation with the governors of the territories; and (2) organize the initial meeting of the Board of Directors. SEC. 4. BOARD OF DIRECTORS. (a) In General.--Except as provided in section 14, the Bank shall be governed by a Board of Directors consisting of 5 members as follows: one appointed by the Secretary, and one each appointed by the governors of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Residency.--A director from a territory shall be a resident of the territory from which the director was appointed. (c) Term of Office; Vacancy; Removal.--Directors shall serve for a term of 4 years, except that the terms of the members of the initial board shall terminate in a uniformly staggered fashion over the first 4 years of the Bank's existence as determined by the Secretary. A director may be reappointed. Any vacancy occurring other than by the expiration of a term shall be filled by appointment for the unexpired term. The Secretary may remove a director from office for cause after a public hearing. The Secretary may suspend a director pending the completion of this hearing. (d) Election of Chairman.--The Board shall elect a chairman by a simple majority from among the Board's members. (e) Oath of Office.--Each director shall-- (1) take and subscribe an oath, upon entering office, to perform the duties of his office faithfully, impartially and justly to the best of his ability, with a record of the oath to be filed with the records of the Bank; (2) submit a report of the director's personal investment holdings and if the Secretary determines that such holdings conflict with the purposes of this Act, the director must divest himself of such holdings, or vacate the position; and (3) execute a surety bond as required in section 12. (f) Compensation.--All directors shall be reimbursed for reasonable expenses incurred in carrying out their duties under this Act. SEC. 5. PROFESSIONAL STAFF. (a) Appointment of President by Board.--The Board shall appoint a President who shall serve at the pleasure of the Board, and, subject to the authority of the Board, shall exercise general supervision, direction, and control of the affairs of the Bank. The Board of Directors shall determine the duties and compensation of the President. (b) Employees.--The President may employ a general counsel, architects, engineers, accountants, attorneys, financial advisors or experts and any other agents or employees who are required and determine their qualifications, terms of office, duties and compensation. SEC. 6. BANK AUTHORITY AND PROHIBITIONS. (a) Authority To Issue General Obligations, Bonds, or Notes.--The Bank may issue general obligations, bonds, or notes in such principal amounts as the Board deems necessary to provide funds for any purpose authorized in this Act, including-- (1) making loans; (2) paying, funding, or refunding of the principal of, or interest or redemption premiums on, any bonds or notes issued by it whether the bonds or notes or interest to be funded or refunded have or have not become due; (3) establishing or increasing of reserves to secure or to pay bonds or notes or interest thereon, and (4) paying all other costs or expenses of the Bank, during the initial 2 years of operation, that are incident to carrying out the Bank's purposes and powers. (b) General Powers.--The Bank may exercise the general powers of a bond bank, such as the power to-- (1) sue and be sued; (2) adopt an official seal and alter the seal at pleasure; (3) adopt bylaws and make and enforce rules for the conduct of its business and for use of its services and facilities; (4) maintain an office at any place within the United States; (5) acquire, hold, use and dispose of its income, revenues, funds and moneys; (6) acquire, rent, lease, hold, use and dispose of other personal property for its purposes; (7) borrow money and issue its negotiable general obligation debt instruments payable from revenues or funds of the Bank, subject only to agreements with the holders of particular bonds or notes pledging particular revenues or funds, and to provide for and secure the payment thereof and to provide for the rights of the holders thereof, and to purchase, hold and dispose of any of its debt instruments; Except as otherwise provided herein or by the Bank, every issue of bonds or notes shall be general obligations; (8) obtain additional security for bonds or notes by a pledge of any grant or contributions from the United States, a State or territory, or any other governmental unit, or any person, firm or corporation, or a pledge of any income or revenues, funds or moneys of the Bank from any source whatsoever; (9) fix and revise from time to time and charge and collect fees and charges for the use of its services or facilities; (10) accept gifts or grants of property, funds, money, materials, labor, supplies or services from the United States of America or from any governmental unit or any person, firm or corporation, and carry out the terms or provisions or make agreements with respect to any gifts or grants, and to do any and all things necessary and appropriate in connection with procuring, acceptance or disposition of gifts or grants; (11) do anything authorized by this Act, through its officers, agents or employees or by contracts with any person, firm or corporation; (12) enter into and enforce all contracts necessary and appropriate for the purposes of the Bank or pertaining to any loan to a governmental unit or any purchase or sale of municipal bonds or revenue bonds or other investments or to the performance of its duties and execution or carrying out of any of its powers under this Act; (13) purchase or hold municipal bonds and revenue bonds at such prices and in such manner as the Bank deems advisable, and sell municipal bonds and revenue bonds acquired or held by it at such prices without relation to cost and in such manner as the Bank deems advisable; (14) invest any funds or moneys of the Bank not immediately required for loan to governmental units and for the purchase of municipal bonds or revenue bonds, in the same manner as permitted for investment of funds belonging to the territories or held in the treasury, except as otherwise provided by this Act; (15) prescribe any form of application or procedure required of a governmental unit for the loan or purchase of its municipal bonds or revenue bonds, fix the terms and conditions of that loan or purchase, and enter into agreements with governmental units with respect to any loan or purchase; (16) consider the need, desirability or eligibility of the loan to a territorial customer, the ability of the territorial customer to secure borrowed money from other sources and the costs thereof, and the particular public improvement or purpose to be financed by the municipal bonds or revenue bonds to be purchased by the Bank; (17) charge for its costs and services in review or consideration of any proposed loan to a territorial customer or purchase of municipal bonds or revenue bonds of a territorial customer, including a charge for such costs or services, whether or not the loan is made or the municipal bonds or revenue bonds are purchased; (18) establish any terms and provisions with respect to any purchase of municipal bonds or revenue bonds by the Bank, including date and maturities of the bonds, provisions as to redemption or payment prior to maturity, and any other matters which are necessary or advisable in the judgment of the Bank; (19) conduct examinations and hearings and to hear testimony and take proof, under oath or affirmation, at public or private hearings, on any matter material for its information and necessary to carry out this Act; (20) issue subpoenas requiring the attendance of witnesses and the production of books and papers pertinent to any hearing before the Bank, or before one or more of the directors of the Bank appointed by it to conduct the hearing; (21) apply to any court, having territorial jurisdiction of the offense, to have punished for contempt any witness who refuses to obey a subpoena, or who refuses to be sworn or affirmed to testify, or who is guilty of any contempt after summons to appear; (22) procure insurance against any losses in connection with its property, operations or assets in such amounts and from such insurers as it deems desirable; (23) consent, to the extent permitted under its contracts with the holders of bonds or notes of the Bank, to any modification of the rate of interest, time and payment of any installment of principal or interest, security or any other term of bond or note, contract or agreement of any kind to which the Bank is a party; and (24) issue Bank bonds or notes which are secured by neither the reserve fund nor the revenue bond reserve fund, but which may be secured by such other funds and accounts as may be authorized by the Bank from time-to-time. (c) Prohibitions.--The Bank may not-- (1) make loans of money to any person, firm or corporation other than a government or a governmental agency or subdivision, or purchase securities issued by any person, firm or corporation other than a governmental unit or for investment except as provided in this Act; (2) issue bills of credit, or accept deposits of money for time or demand deposit, or administer trust, or engage in any form or manner in, or in the conduct of, any private or commercial banking business, or act as a savings bank or savings and loan association; (3) be or constitute a bank or trust company within the jurisdiction or under the control of the comptroller of the currency of the United States of America or the department of the treasury thereof; or (4) be or constitute a bank, banker or dealer in securities within the meaning of or subject to the provisions of any securities, securities exchange, or securities dealers law, of the United States of America or of the territories or of any State. SEC. 7. BYLAWS. The Board shall adopt, consistent with this Act and with concurrence from the Secretary, an appropriate bylaws, charter or operating model that shall describe-- (1) the operational structure of the Bank, including the banks powers and limitation; (2) a description of the Bank's fund and account structure; (3) procedures for payments and defaults; and (4) minimum borrower requirements. SEC. 8. SECURITY. (a) Aid Interception.--An interception of any Federal aid intended for a United States territory that has defaulted on an obligation to the Bank may be implemented, subject to the following conditions-- (1) the Federal aid to be intercepted was explicit in the debt instrument signed by the territorial customer and the Bank; (2) the member or members of the Board appointed by the Secretary agreed to the specific designation in the debt instrument of sources of Federal aid that would be intercepted; (3) the Bank provides the Secretary with written certification of the default and a request to intercept the Federal Aid, and sends notice of the certification to the territorial customer; and (4) the Bank provides notice to the Federal departments or agencies administering those funds payable to the territorial customer that were explicit in the debt instrument. (b) Directed Payment.--Following receipt of the written certification from the Bank provided for in subsection (a), the Secretary shall notify the Secretary of the Treasury of the default and the Federal aid to be intercepted. The Secretary of the Treasury shall pay the Federal aid funds that are intercepted to the Bank on the account of the territorial customer to defray principal and interest owed according the debt instrument. SEC. 9. REPORTS. The Bank shall prepare and submit to each official who has appointed a member of the Board a report on activities of the Bank for the preceding calendar year, and an audit of its books and accounts by in independent certified public accountant, within 90 days of the end of the calendar year. The report and audit shall be made available by request to the public. SEC. 10. UNITED STATES AND TERRITORIAL GOVERNMENTS NOT OBLIGATED. (a) United States Not Obligated.--The deposit of Federal funds into the Bank established under this Act shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt-financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (b) Obligations of Territorial Governments.--A territorial customer is liable only for its obligations to the Bank, and not for the obligations and actions of the Bank. SEC. 11. LOCAL AUTHORITY. Prior to a territory receiving financial assistance from the Bank, the Governor of the territory must sign or concur in a certification that the territory has appropriate legal authority to avail itself of the financial assistance offered by the Bank. SEC. 12. ADMINISTRATION. (a) Expenses.--All expenses incurred by the Bank in carrying out the purposes of this Act shall be payable solely from revenues or fees collected by the Bank, except as provided in section 6(a) of this Act. (b) Surety Bonds.--The following surety bonds to be paid by the Bank shall be required of the officials of the Bank-- (1) $50,000 for the Chairman of the Board; (2) $50,000 for the President of the Bank; and (3) $25,000 for a member of the Board. SEC. 13. TAX EXEMPTION. All activities, instruments, property, and income of the Bank shall be exempt from all manner of Federal, State, and local taxation. SEC. 14. ADDITIONAL PARTICIPATION. (a) Extended Eligibility.--After the initial 5 years of the Bank's existence, the Secretary, with the concurrence of each of the Governors of the American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, may invite the governor of another United States territory to appoint a member of the Board and, at such time as the new member has been appointed, extend eligibility to that territory for Bank services. (b) Voting Members.--If the number of voting members on the Board is an even number, the Secretary shall appoint another member.

United States Territories Infrastructure Bond Bank Authorization Act - Directs the Secretary to establish a United States Territories Infrastructure Bond Bank to provide low-cost financing for the governments of American Samoa, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands to construct infrastructure or to refinance debt acquired to construct infrastructure. Directs the Secretary to incorporate the Bank in a U.S. jurisdiction and organize the initial meeting of its Board of Directors, which shall consist of five members, with one appointed by the Secretary and each of the governors of American Samoa, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. Allows the Secretary, after the initial five years of the Bank's existence, to invite the governor of another U.S. territory to appoint a Board member, at which time eligibility for Bank services shall be extended to that territory. Authorizes the interception of federal aid intended for a U.S. territory that has defaulted on an obligation to the Bank. Exempts Bank activities and income from taxation.

{"src": "billsum_train", "title": "To establish the United States Territories Infrastructure Bond Bank, and for other purposes."}

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Health Savings Accounts Improvements Act of 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Saver's credit for contributions to health savings accounts. Sec. 3. Special rule for certain medical expenses incurred before establishment of account. Sec. 4. Allow both spouses to make catch-up contributions to the same health savings account. Sec. 5. Individuals eligible for veterans benefits for a service- connected disability. Sec. 6. Distributions by certain early retirees for health coverage treated as qualified medical expense. SEC. 2. SAVER'S CREDIT FOR CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. (a) Allowance of Credit.--Subsection (a) of section 25B of the Internal Revenue Code of 1986 is amended by inserting ``aggregate qualified HSA contributions and'' after ``so much of the''. (b) Qualified HSA Contributions.--Subsection (d) of section 25B of such Code is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Qualified hsa contributions.--The term `qualified HSA contribution' means, with respect to any taxable year, any contribution to a health savings account (as defined in section 223(d)(1)) if-- ``(A) such contribution is allowable as a deduction to the taxpayer under section 223(a) for such taxable year, or ``(B) such contribution is made by an employer of the taxpayer at the election of the taxpayer under a cafeteria plan (as defined in section 125(d)) and is not includible in the gross income of the taxpayer by reason of section 125.''. (c) Reporting of HSA Elective Contributions.--Paragraph (12) of section 6051(a) of such Code is amended to read as follows: ``(12) the total amount contributed to health savings accounts (as defined in section 223(d)) of the employee or the employee's spouse and the portion of such total amount contributed at the election of the employee under any cafeteria plan (as defined in section 125(d)),''. (d) Conforming Amendments.--Section 25B(d)(3) of such Code, as redesignated by subsection (b), is amended-- (1) by striking the first sentence of subparagraph (A) and inserting the following: ``The aggregate qualified retirement savings contributions determined under paragraph (1) and qualified HSA contributions determined under paragraph (2) shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) or paragraph (2) (as the case may be) may be made.'', and (2) by inserting ``223(f)(1) or (3),'' after ``section 72(p),'' in subparagraph (C)(i). (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 3. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE ESTABLISHMENT OF ACCOUNT. (a) In General.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Treatment of certain medical expenses incurred before establishment of account.--If a health savings account is established during the 60-day period beginning on the date that coverage of the account beneficiary under a high deductible health plan begins, then, solely for purposes of determining whether an amount paid is used for a qualified medical expense, such account shall be treated as having been established on the date that such coverage begins.''. (b) Effective Date.--The amendment made by this section shall apply with respect to coverage beginning after the date of the enactment of this Act. SEC. 4. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME HEALTH SAVINGS ACCOUNT. (a) In General.--Paragraph (5) of section 223(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(5) Special rule for married individuals with family coverage.-- ``(A) In general.--In the case of individuals who are married to each other, if both spouses are eligible individuals and either spouse has family coverage under a high deductible health plan as of the first day of any month-- ``(i) the limitation under paragraph (1) shall be applied by not taking into account any other high deductible health plan coverage of either spouse (and if such spouses both have family coverage under separate high deductible health plans, only one such coverage shall be taken into account), ``(ii) such limitation (after application of clause (i)) shall be reduced by the aggregate amount paid to Archer MSAs of such spouses for the taxable year, and ``(iii) such limitation (after application of clauses (i) and (ii)) shall be divided equally between such spouses unless they agree on a different division. ``(B) Treatment of additional contribution amounts.--If both spouses referred to in subparagraph (A) have attained age 55 before the close of the taxable year, the limitation referred to in subparagraph (A)(iii) which is subject to division between the spouses shall include the additional contribution amounts determined under paragraph (3) for both spouses. In any other case, any additional contribution amount determined under paragraph (3) shall not be taken into account under subparagraph (A)(iii) and shall not be subject to division between the spouses.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 5. INDIVIDUALS ELIGIBLE FOR VETERANS BENEFITS FOR A SERVICE- CONNECTED DISABILITY. (a) In General.--Paragraph (1) of section 223(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Special rule for individuals eligible for certain veterans benefits.--An individual shall not fail to be treated as an eligible individual for any period merely because the individual receives hospital care or medical services under any law administered by the Secretary of Veterans Affairs for a service- connected disability (within the meaning of section 101(16) of title 38, United States Code).''. (b) Effective Date.--The amendment made by this section shall apply to months beginning after December 31, 2012. SEC. 6. DISTRIBUTIONS BY CERTAIN EARLY RETIREES FOR HEALTH COVERAGE TREATED AS QUALIFIED MEDICAL EXPENSE. (a) In General.--Subparagraph (C) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, or'', and by adding at the end the following new clause: ``(v) in the case of an account beneficiary who has attained age 55 but not the age specified in section 1811 of the Social Security Act, any group health plan (as defined in section 5000(b)(1)) in which such account beneficiary is enrolled by reason of being a former employee or a surviving spouse of a former employee.''. (b) Effective Date.--The amendments made by this section shall apply to amounts paid for coverage for periods after December 31, 2012.

Health Savings Accounts Improvements Act of 2012 - Amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: (1) allow a tax credit for retirement savings contributions for deductible contributions made to an HSA and salary reduction contributions under a cafeteria plan made by an employer to an HSA; (2) provide a special rule to allow a tax deduction for medical expenses incurred before the establishment of an HSA; (3) allow a husband and wife to make catch-up contributions to the same HSA; (4) allow veterans who receive medical benefits for a service-connected disability to participate in an HSA; and (5) allow HSA participants who are enrolled in a group health plan as a former employee or spouse of a former employee and who have attained age 55, but not age 65, to pay expenses for coverage under such plan from an HSA.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to improve health savings accounts, and for other purposes."}

SECTION 1. REMOTE MONITORING PILOT PROJECTS. (a) Pilot Projects.-- (1) In general.--Not later than 9 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall conduct pilot projects under title XVIII of the Social Security Act for the purpose of providing incentives to home health agencies to utilize home monitoring and communications technologies that-- (A) enhance health outcomes for medicare beneficiaries; and (B) reduce expenditures under such title. (2) Site requirements.-- (A) Urban and rural.--The Secretary shall conduct the pilot projects under this section in both urban and rural areas. (B) Site in a small state.--The Secretary shall conduct at least 1 of the pilot projects in a State with a population of less than 1,000,000. (3) Definition of home health agency.--In this section, the term ``home health agency'' has the meaning given that term in section 1861(o) of the Social Security Act (42 U.S.C. 1395x(o)). (b) Medicare Beneficiaries Within the Scope of Projects.--The Secretary shall specify the criteria for identifying those medicare beneficiaries who shall be considered within the scope of the pilot projects under this section for purposes of the application of subsection (c) and for the assessment of the effectiveness of the home health agency in achieving the objectives of this section. Such criteria may provide for the inclusion in the projects of medicare beneficiaries who begin receiving home health services under title XVIII of the Social Security Act after the date of the implementation of the projects. (c) Incentives.-- (1) Performance targets.--The Secretary shall establish for each home health agency participating in a pilot project under this section a performance target using one of the following methodologies, as determined appropriate by the Secretary: (A) Adjusted historical performance target.--The Secretary shall establish for the agency-- (i) a base expenditure amount equal to the average total payments made to the agency under parts A and B of title XVIII of the Social Security Act for medicare beneficiaries determined to be within the scope of the pilot project in a base period determined by the Secretary; and (ii) an annual per capita expenditure target for such beneficiaries, reflecting the base expenditure amount adjusted for risk and adjusted growth rates. (B) Comparative performance target.--The Secretary shall establish for the agency a comparative performance target equal to the average total payments under such parts A and B during the pilot project for comparable individuals in the same geographic area that are not determined to be within the scope of the pilot project. (2) Incentive.--Subject to paragraph (3), the Secretary shall pay to each participating home care agency an incentive payment for each year under the pilot project equal to a portion of the medicare savings realized for such year relative to the performance target under paragraph (1). (3) Limitation on expenditures.--The Secretary shall limit incentive payments under this section in order to ensure that the aggregate expenditures under title XVIII of the Social Security Act (including incentive payments under this subsection) do not exceed the amount that the Secretary estimates would have been expended if the pilot projects under this section had not been implemented. (d) Waiver Authority.--The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot projects under this section. (e) Report to Congress.--Not later than 5 years after the date that the first pilot project under this section is implemented, the Secretary shall submit to Congress a report on the pilot projects. Such report shall contain a detailed description of issues related to the expansion of the projects under subsection (f) and recommendations for such legislation and administrative actions as the Secretary considers appropriate. (f) Expansion.--If the Secretary determines that any of the pilot projects under this section enhance health outcomes for medicare beneficiaries and reduce expenditures under title XVIII of the Social Security Act, the Secretary may initiate comparable projects in additional areas. (g) Incentive Payments Have No Effect on Other Medicare Payments to Agencies.--An incentive payment under this section-- (1) shall be in addition to the payments that a home health agency would otherwise receive under title XVIII of the Social Security Act for the provision of home health services; and (2) shall have no effect on the amount of such payments.

Directs the Secretary of Health and Human Services to conduct pilot projects under title XVIII (Medicare) of the Social Security Act for the purpose of providing incentives to home health agencies to utilize home monitoring and communications technology.

{"src": "billsum_train", "title": "A bill to establish pilot projects under the medicare program to provide incentives for home health agencies to utilize home monitoring and communications technologies."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving No Child Left Behind Act''. SEC. 2. REFERENCES. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 3. ADEQUATE YEARLY PROGRESS. (a) Accountability.--Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended-- (1) in subparagraph (I)(ii)-- (A) by striking ``95 percent'' the first place the term appears and inserting ``90 percent (which percentage shall be based on criteria established by the State in the State plan)''; and (B) by striking ``95 percent'' the second place the term appears and inserting ``90 percent''; (2) by redesignating subparagraph (K) as subparagraph (N); and (3) by inserting, after subparagraph (J), the following: ``(K) Single count of students.--In meeting the definition of adequate yearly progress under subparagraph (C), a student who may be counted in 2 or more groups described in subparagraph (C)(v)(II), may be counted as an equal fraction of 1 for each such group. ``(L) Students with disabilities requiring alternate assessments.--Notwithstanding any other provision of this part, a State may implement the amendments made to part 200 of title 34, Code of Federal Regulations on December 9, 2003 (68 Fed. Reg. 68698) (related to achievement of students with significant cognitive disabilities) as if such amendments-- ``(i) permitted the proficient or advanced scores on alternate assessments of not more than 3.0 percent of all tested students to be considered as proficient or advanced, respectively, for the purposes of determining adequate yearly progress, except that-- ``(I) any assessment given to any such so considered student for the purposes of determining such adequate yearly progress shall be required by the individualized education program of such so considered student; ``(II) the individualized education program shall reflect the need for any such alternate assessment based on the evaluation of such so considered student and the services provided such so considered student under section 614 of the Individuals with Disabilities Education Act; and ``(III) the individualized education program shall include written consent from the parent of such so considered student prior to such alternate assessment being administered; ``(ii) used the term `students requiring alternate assessments' in lieu of the term `students with the most significant cognitive disabilities'; and ``(iii) permitted the eligibility, of such so considered students to have the students' scores of proficient or advanced on alternate assessments counted as proficient or advanced for purposes of determining adequate yearly progress, to be determined by the State educational agency, except that such eligibility shall, at a minimum, include-- ``(I) such so considered students who are receiving services pursuant to a plan required under section 504 of the Rehabilitation Act of 1973; ``(II) the students described in subclause (I) who are assessed at a grade level below the grade level in which the students are enrolled (out of level assessments); and ``(III) the students described in subclause (I) who are considered students with the most significant cognitive disabilities, as defined by the State educational agency, on the day before the date of enactment of the Improving No Child Left Behind Act. ``(M) Other measures of adequate yearly progress.-- Notwithstanding any other provision of this paragraph, a State may establish in the State plan an alternative definition of adequate yearly progress, subject to approval by the Secretary under subsection (e). Such alternative definition may-- ``(i) include measures of student achievement over a period of time (such as a value added accountability system) or the progress of some or all of the groups of students described in subparagraph (C)(v) to the next higher level of achievement described in subparagraph (II) or (III) of paragraph (1)(D)(ii) as a factor in determining whether a school, local educational agency, or State has made adequate yearly progress, as described in this paragraph; or ``(ii) use the measures of achievement or the progress of groups described in clause (i) as the sole basis for determining whether the State, or a local educational agency or school within the State, has made adequate yearly progress, if-- ``(I) the primary goal of such definition is that all students in each group described in subparagraph (C)(v) meet or exceed the proficient level of academic achievement, established by the State, not later than 12 years after the end of the 2001-2002 school year; and ``(II) such definition includes intermediate goals, as required under subparagraph (H).''. (b) Assessments.--Section 1111(b)(3)(C) (20 U.S.C. 6311(b)(3)(C)) is amended-- (1) in clause (ix), by striking subclause (III) and inserting the following: ``(III) the inclusion of limited English proficient students, who-- ``(aa) may, consistent with paragraph (2)(M), be assessed, as determined by the local educational agency, through the use of an assessment which requires achievement of specific gains for up to 3 school years from the first year the student is assessed for the purposes of this subsection; ``(bb) may, at the option of the State educational agency, be assessed in the first year the student attends school in the United States (not including the Commonwealth of Puerto Rico); and ``(cc) shall not be included in any calculation of an adequate yearly progress determination when the student is in the first year of attendance at a school in the United States (not including the Commonwealth of Puerto Rico).''; and (2) in clause (x), by inserting ``of clause (ix)'' after ``subclause (III)''. (c) Regulations Affecting Limited English Proficient Children and Children With Disabilities.--Section 1111 (20 U.S.C. 6311) is amended by adding at the end the following: ``(n) Codification of Regulations Affecting Limited English Proficient Children.--Notwithstanding any other provision of this part, this part shall be implemented consistent with the amendments proposed to part 200 of title 34 of the Code of Federal Regulations on June 24, 2004 (69 Fed. Reg. 35462) (relating to the assessment of limited English proficient children and the inclusion of limited English proficient children in subgroups) as if such amendments permitted students who were previously identified as limited English proficient to be included in the group described in subsection (b)(2)(C)(v)(II)(dd) for 3 additional years, as determined by a local educational agency (based on the individual needs of a child) for the purposes of determining adequate yearly progress.''. SEC. 4. SCHOOL IMPROVEMENT AND PUBLIC SCHOOL CHOICE. Section 1116(b) (20 U.S.C. 6316(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting ``(in the same subject for the same group of students, as described in section 1111(b)(2)(C)(v))'' after ``2 consecutive years''; (B) in subparagraph (E)(i)-- (i) by striking ``In the case'' and inserting ``Except as provided in subparagraph (G), in the case''; and (ii) by striking ``all students enrolled in the school with the option to transfer to another public school'' and inserting ``students who failed to meet the proficient level of achievement on the assessments described in section 1111(b)(3), are enrolled in the school, and are in the group whose academic performance caused the identification under this paragraph, with the option to transfer to one other public school identified by and''; and (C) by adding at the end the following: ``(G) Options.--A local educational agency may offer supplemental educational services as described in subsection (e) in place of the option to transfer to another public school described in subparagraph (E), for the first school year a school is identified for improvement under this paragraph.''; (2) in the matter preceding subparagraph (A) of paragraph (5), by inserting ``(in the same subject for the same group of students)'' after ``adequate yearly progress''; and (3) in the matter preceding clause (i) of paragraph (7)(C), by inserting ``(in the same subject for the same group of students)'' after ``adequate yearly progress''.

Improving No Child Left Behind Act - Amends the Elementary and Secondary Education Act of 1965 to alter requirements for adequate yearly progress (AYP) assessments of student groups by: (1) lowering, from 95% to 90%, the minimum percentage of students in each group in a school that must take such assessments; (2) allowing the fractional counting of students who are in more than one group, for each such group; (3) allowing states to treat as proficient or advanced specified scores on alternate assessments for disabled students and those not proficient in English; and (4) allowing states to use alternative methods of defining AYP. Revises criteria for local educational agency identification of schools needing improvement. Declares that only those meet such criteria that fail AYP standards, for two consecutive school years (as under current law), in the same subject for the same group of students. Revises eligibility criteria for school transfers after a school is identified as needing improvement. Declares that only failing students in the failing group, instead of all students in such a school, may transfer. Allows such schools to provide students with supplemental services rather than transfers during that school year.

{"src": "billsum_train", "title": "A bill to improve the amendments made by the No Child Left Behind Act of 2001."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's National World War II Museum Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National D-Day Museum Foundation, Inc., a nonprofit corporation under section 503(c)(3) of the Internal Revenue Code of 1986, was established ``to celebrate the American Spirit''. (2) The National D-Day Museum Foundation, Inc., is responsible for the finances and management of the National D- Day Museum in New Orleans, Louisiana. (3) The National D-Day Museum is the only museum in the Nation that exists for the exclusive purpose of interpreting the American experience in the World War II years (1939-1945), both on the battle front and the home front, including all branches of the Armed Forces (including the United States merchant marine). (4) The National D-Day Museum was founded by the preeminent American historian, Stephen E. Ambrose, as a result of a conversation with President Dwight D. Eisenhower in 1963. During that conversation, the former Supreme Allied Commander credited Andrew Jackson Higgins, chief executive officer of Higgins Industries in New Orleans, as the ``man who won the war for us'' because the 12,000 landing craft designed by Higgins made possible all the amphibious invasions of World War II and carried American soldiers into every theater of the war. (5) Since the grand opening of the National D-Day Museum on June 6, 2000, the museum has attracted nearly 1,000,000 visitors from around the world, of which 85 percent are Americans from across the Nation. (6) There is an urgent need to preserve the stories, artifacts, and heroic achievements of the ``greatest generation'' of World War II, who are dying at a rate of more than 1,200 each day. (7) The Nation has a need to preserve forever the knowledge and history of America's most decisive achievement in the 20th century and to portray that history to citizens, visitors, and school children for centuries to come. (8) The Congress recognized this need first in 1992 with an appropriation to fund the design and construction of the National D-Day Museum to commemorate the epic 1944 Normandy invasion and later in 1998, 2000, 2001, and 2002, with appropriations to help expand the museum's exhibits to the D- Days of the Pacific and other campaigns of World War II. (9) The State of Louisiana and thousands of donors and foundations across the Nation have contributed millions of dollars to help build this national institution. (10) The board of trustees of the National D-Day Museum is national in scope and diverse in its makeup. (11) The World War II Memorial now under construction on the National Mall in Washington, D.C., should always be the Nation's memorial where people go to remember America's sacrifices in World War II. (12) The National D-Day Museum should always be America's museum of the American experience in the World War II years (1939-1945) where people go to learn about this critical period and where the history of the Nation's monumental struggle will be preserved so that future generations may understand the role the United States played in the preservation and advancement of democracy and freedom in the middle of the 20th century. (13) The National D-Day Museum seeks to educate a diverse group of audiences through its collection of artifacts, photographs, letters, documents, and firsthand personal accounts of the participants in the war on the home front during one of history's darkest hours. (14) The National D-Day Museum is devoted to the combat experience of America's citizen soldiers in all theaters of the war and to the heroic efforts of the men and women on the home front who worked tirelessly to support the troops and the war effort. (15) The National D-Day Museum continues to add to and maintain one of the Nation's largest personal history collections of the men and women who participated in World War II and on the home front. (16) No other museum seeks to describe the volunteer spirit that arose throughout the United States during the war years of World War II--the spirit that united the country. (17) The National D-Day Museum is currently engaged in a 250,000-square-foot expansion to include as the core exhibitions of the museum the Center for the Study of the American Spirit, an advanced format theater, and a new United States pavilion. (18) The planned ``We're All in This Together'' Exhibit will describe the role played by every State, commonwealth, and territory in World War II, and the computer-driven database and software of the National D-Day Museum's educational program will be made available to the teachers and school children of every State, commonwealth, and territory. (19) The National D-Day Museum is an official Smithsonian affiliate institution with formal agreement to borrow Smithsonian artifacts for future exhibitions. (20) ``Le Memorial de Caen'' in Normandy, France, has officially recognized the National D-Day Museum as its official partner in a patriotic alliance signed by both museums on October 16, 2002. (21) The official Battle of the Bulge Museums in Luxembourg and the American Battlefield Monuments Commission in Europe are already collaborating with the National D-Day Museum on World War II exhibitions. (22) The Congress authorized $4,200,000 in fiscal year 2002 and $3,000,000 in fiscal year 2003 Department of Defense Appropriations Acts for planning the expansion of the National D-Day Museum to portray the untold campaigns of World War II and to include new exhibits on the war on land, sea, and air and special exhibits on the China-Burma-India theater, the Japanese invasion of Alaska's Aleutian Islands, the role of women in World War II, the role of African Americans in World War II, and other relevant subjects. (23) It is fitting and proper to refer to the National D- Day Museum Foundation, Inc., as ``America's National World War II Museum''. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to authorize reference to the National D-Day Museum, including its future and expanded exhibits, collections, and educational programs, as ``America's National World War II Museum''; (2) to ensure the continuing preservation, maintenance, and interpretation of the artifacts, documents, images, and history collected by the museum; (3) to enhance the knowledge of the American people of the American experience during the World War II years, both in combat and on the home front; (4) to provide and support a facility for the public display of the artifacts, photographs, letters, documents, and personal histories of the World War II years (1939-1945); (5) to provide educational outreach programs for teachers and students throughout the Nation; (6) to encourage for educational purposes the further expansion of the European and Pacific exhibits in the museum to include the Center for the Study of the American Spirit; and (7) to ensure that all future generations understand the magnitude of the American contribution to the Allied victory in World War II, the sacrifices made to preserve freedom and democracy, and the benefits of peace for all future generations in the 21st century and beyond. SEC. 4. REFERENCE TO AMERICA'S NATIONAL WORLD WAR II MUSEUM. The National D-Day Museum located in New Orleans, Louisiana, and managed by the National D-Day Museum Foundation, Inc., is hereby authorized to be referred to as ``America's National World War II Museum''.

America's National World War II Museum Act of 2003 - Authorizes the National D-Day Museum in New Orleans, Louisiana (which is managed by the National D-Day Museum Foundation, Inc.) to be referred to as America's National World War II Museum.

{"src": "billsum_train", "title": "To authorize reference to the National D-Day Museum in New Orleans, Louisiana, as \"America's National World War II Museum\"."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Protection Improvements Act of 2017''. SEC. 2. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND CRIMINAL HISTORY REVIEW PROGRAM. The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) is amended-- (1) in section 3-- (A) by amending subsection (a)(3) to read as follows: ``(3)(A) The Attorney General shall establish a program, in accordance with this section, to provide qualified entities located in States which do not have in effect procedures described in paragraph (1), or qualified entities located in States which do not prohibit the use of the program established under this paragraph, with access to national criminal history background checks on, and criminal history reviews of, covered individuals. ``(B) A qualified entity described in subparagraph (A) may submit to the appropriate designated entity a request for a national criminal history background check on, and a criminal history review of, a covered individual. Qualified entities making a request under this paragraph shall comply with the guidelines set forth in subsection (b), and with any additional applicable procedures set forth by the Attorney General or by the State in which the entity is located.''; (B) in subsection (b)-- (i) in paragraph (1)(E), by striking ``unsupervised''; (ii) in paragraph (2)-- (I) by redesignating subparagraph (A) as clause (i); (II) in subparagraph (B)-- (aa) by adding ``and'' at the end; and (bb) by redesignating such subparagraph as clause (ii); (III) by striking ``that each provider who is the subject of a background check'' and inserting ``(A) that each covered individual who is the subject of a background check conducted pursuant to the procedures established pursuant to subsection (a)(1)''; and (IV) by adding at the end the following: ``(B) that each covered individual who is the subject of a national criminal history background check and criminal history review conducted pursuant to the procedures established pursuant to subsection (a)(3) is entitled to challenge the accuracy and completeness of any information in the criminal history record of the individual by contacting the Federal Bureau of Investigation under the procedure set forth in section 16.34 of title 28, Code of Federal Regulations, or any successor thereto.''; (iii) in paragraph (3), by inserting after ``authorized agency'' the following: ``or designated entity, as applicable''; and (iv) in paragraph (4), by inserting after ``authorized agency'' the following: ``or designated entity, as applicable,''; (C) in subsection (d), by inserting after ``officer or employee thereof,'' the following: ``nor shall any designated entity nor any officer or employee thereof,''; (D) by amending subsection (e) to read as follows: ``(e) Fees.-- ``(1) State program.--In the case of a background check conducted pursuant to a State requirement adopted after December 20, 1993, conducted with fingerprints on a covered individual, the fees collected by authorized State agencies and the Federal Bureau of Investigation may not exceed eighteen dollars, respectively, or the actual cost, whichever is less, of the background check conducted with fingerprints. ``(2) Federal program.--In the case of a national criminal history background check and criminal history review conducted pursuant to the procedures established pursuant to subsection (a)(3), the fees collected by a designated entity shall be set at a level that will ensure the recovery of the full costs of providing all such services. The designated entity shall remit the appropriate portion of such fee to the Attorney General, which amount is in accordance with the amount published in the Federal Register to be collected for the provision of a criminal history background check by the Federal Bureau of Investigation. ``(3) Ensuring fees do not discourage volunteers.--A fee system under this subsection shall be established in a manner that ensures that fees to qualified entities for background checks do not discourage volunteers from participating in programs to care for children, the elderly, or individuals with disabilities.''; (E) by inserting after subsection (e) the following: ``(f) National Criminal History Background Check and Criminal History Review Program.-- ``(1) National criminal history background check.--Upon a designated entity receiving notice of a request submitted by a qualified entity pursuant to subsection (a)(3), the designated entity shall forward the request to the Attorney General, who shall, acting through the Director of the Federal Bureau of Investigation, complete a fingerprint-based check of the national criminal history background check system, and provide the information received in response to such national criminal history background check to the appropriate designated entity. The designated entity may, upon request from a qualified entity, complete a check of a State criminal history database. ``(2) Criminal history review.-- ``(A) Designated entities.--The Attorney General shall designate, and enter into an agreement with, one or more entities to make determinations described in paragraph (2). The Attorney General may not designate and enter into an agreement with a Federal agency under this subparagraph. ``(B) Determinations.--A designated entity shall, upon the receipt of the information described in paragraph (1), make a determination of fitness described in subsection (b)(4), using the criteria described in subparagraph (C). ``(C) Criminal history review criteria.--The Attorney General shall, by rule, establish the criteria for use by designated entities in making a determination of fitness described in subsection (b)(4). Such criteria shall be based on the criteria established pursuant to section 108(a)(3)(G)(i) of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (42 U.S.C. 5119a note).''; and (F) by striking-- (i) ``provider'' each place it appears, and inserting ``covered individual''; and (ii) ``provider's'' each place it appears, and inserting ``covered individual's''; and (2) in section 5-- (A) by amending paragraph (9) to read as follows: ``(9) the term `covered individual' means an individual-- ``(A) who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and ``(B) who-- ``(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or ``(ii) owns or operates, or seeks to own or operate, a qualified entity.''; (B) in paragraph (10), by striking ``and'' at the end; (C) in paragraph (11), by striking the period at the end and inserting ``; and''; and (D) by inserting after paragraph (11) the following: ``(12) the term `designated entity' means an entity designated by the Attorney General under section 3(f)(2)(A).''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall be fully implemented by not later than 1 year after the date of enactment of this Act. Passed the House of Representatives May 22, 2017. Attest: KAREN L. HAAS, Clerk.

DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2019 Further Additional Continuing Appropriations Act, 2019 (Sec. 101) This division amends the Continuing Appropriations Act, 2019 to provide continuing FY2019 appropriations to several federal agencies through the earlier of February 8, 2019 (December 21, 2018, under current law), or the enactment of the applicable appropriations legislation. It is known as a continuing resolution (CR) and prevents a partial government shutdown that would otherwise occur when the existing CR expires if any of the seven remaining FY2019 appropriations bills have not been enacted. (Five of the FY2019 appropriations bills were enacted earlier this year, including: the Department of Defense Appropriations Act, 2019; the Energy and Water Development and Related Agencies Appropriations Act, 2019; the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2019; the Legislative Branch Appropriations Act, 2019; and the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2019.) The CR extends through February 8, 2019: the Department of Homeland Security Chemical Facility Anti-Terrorism Standards Program; the authority for the Department of Health and Human Services Biomedical Advanced Research and Development Authority to withhold from public disclosure certain technical data or scientific information that reveals vulnerabilities of existing medical or public health defenses against biological, chemical, nuclear, or radiological threats; and an exemption from antitrust laws for meetings and consultations to discuss the development of certain vaccines and drugs related to public health threats such as bioterrorism, pandemics, or epidemics. Additionally, the CR has the effect of extending through February 8, 2019, several authorities and programs that were extended in prior CRs, including: the National Flood Insurance Program, the Violence Against Women Act, the authority for the Environmental Protection Agency to collect and spend certain fees related to pesticides, the Temporary Assistance for Needy Families (TANF) program, and several authorities related to immigration. The CR also delays the release of required Congressional Budget Office and Office of Management and Budget sequestration reports. DIVISION B--MEDICAID EXTENDERS (Sec. 101) The division amends the Deficit Reduction Act of 2005 to make appropriations for FY2019, and otherwise revise, the Money Follows the Person Rebalancing Demonstration Program (Under this program, the Centers for Medicare & Medicaid Services must award grants to state Medicaid programs to assist states in increasing the use of home and community care for long-term care and decreasing the use of institutional care.) (Sec. 102) Additionally, the division temporarily extends the applicability of Medicaid eligibility criteria that protect against spousal impoverishment for recipients of home and community-based services. (Sec. 103) The division also reduces the federal medical assistance percentage (i.e., federal matching rate) for states that have not implemented asset-verification programs for determining Medicaid eligibility. (Sec. 104) The division reduces funding available to the Medicaid Improvement Fund beginning in FY2021. (Sec. 105) This section exempts the budgetary effects of this division from: (1) the Pay-As-You-Go (PAYGO) rules established by the Statutory Pay-As-You-Go Act of 2010 and the FY2018 congressional budget resolution, and (2) certain budget scorekeeping guidelines. It also requires any debits on the statutory PAYGO scorecard for 2019 to be transferred to the 2020 scorecard. (The Statutory Pay-As-You-Go Act of 2010 prohibits certain legislation from increasing the budget deficit. PAYGO scorecards are used to enforce the requirements and determine whether a sequestration order implementing spending cuts is necessary.)

{"src": "billsum_train", "title": "Child Protection Improvements Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``HMO Solvency Act of 2001''. SEC. 2. ASSURING THE SOLVENCY OF MEDICAID MANAGED CARE ORGANIZATIONS. (a) Medicaid Program.--Section 1932(b) of the Social Security Act (42 U.S.C. 1396u-2(b)) is amended by adding at the end the following new paragraph: ``(9) Solvency-related requirements.-- ``(A) Periodic reporting.--Each medicaid managed care organization shall submit to the State not less often than each quarter (or such more frequent basis as a State may specify) such financial reports as may be necessary to monitor the financial stability of the organization and provide an early warning of any risk of insolvency. The State shall review the reports so submitted and shall determine the appropriate course of action based upon such review. ``(B) Audits.-- ``(i) Preapproval independent audit of operations.--Before a State enters into a contract under section 1903(m) (on and after the effective date of this subparagraph) with a medicaid managed care organization, the organization shall provide for such on-site audit as the Secretary shall require to evaluate its internal structure upon which the organization's financial projections are based. Such audit shall be undertaken by an independent entity (which may be an appropriate State agency) with such qualifications as the Secretary shall specify. The audit shall include at least a review of the organization's claims processing capability and utilization management and accounting functions and shall focus on the key business risks the organization is facing, including regulatory risks, competition, provider network, pricing, claims processing environment, reserves, and information system integrity. ``(ii) Periodic audits under a state audit plan.--Each medicaid managed care organization shall provide for such periodic audits as the State shall require under an audit plan designed by the State and approved by the Secretary. The frequency of such audits shall take into account changes in subcontracting by, and ownership of, the organization. ``(C) Minimum net worth in cash or cash equivalents.--Each medicaid managed care organization shall maintain, on an ongoing basis, such minimum net worth (in cash or cash equivalents) in such amount, form, and manner as the State shall specify, consistent with guidelines established by the Secretary. The State may permit the minimum net worth requirement to be met through a written guarantee by a guarantor that meets such requirements as the State shall specify consistent with such guidelines. ``(D) Approval of certain subcontractors.--In the case of a medicaid managed care organization that proposes to enter into (on and after the effective date of this subparagraph) a subcontract with another entity to provide health care services to enrollees under this title, to perform health care provider reimbursement under this title, or to carry out other functions of the organization under this title that have a direct impact on enrollees-- ``(i) the organization shall provide notice (and a copy of the contract) to the State at least 90 days before the date it is entered into; and ``(ii) before the subcontract takes effect, the organization shall provide for an independent audit of the proposed subcontractor to establish that the subcontractor will be able to provide the services under the subcontract and to guarantee its performance financially in a manner satisfactory to the State. ``(E) Reporting of significant changes in ownership or scope of operations.--Each medicaid managed care organization shall provide for such timely reports to the State of such significant changes in the ownership of the organization, or of the scope of operations of the organization, including by takeover or merger, as the State shall require in order to appropriately assure the continuing solvency of the organization after the date such changes take effect. ``(F) Federal solvency standards.--Each medicaid managed care organization shall comply with, and each State shall apply, such additional solvency standards as the Secretary may establish to carry out this paragraph. ``(G) Application of certain requirements to controlling organizations and entities.--In the case of a medicaid managed care organization that is substantially owned or controlled by another organization or entity, subparagraphs (A), (C), (E), and (as appropriate) (F) shall apply to such other organization or entity as well as to the medicaid managed care organization.''. (b) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendment made by subsection (a) applies as of such date (not later than 6 months after the date of the enactment of this Act) as the Secretary of Health and Human Services shall specify. (2) Transition.--The Secretary-- (A) may delay the effective date of such amendment in the case of a State that requires the enactment of legislation (other than legislation appropriating funds) in order for the State medicaid plan under title XIX of the Social Security Act to meet the additional requirements imposed by such amendment; and (B) may permit medicaid managed care organizations that are operating as of the effective date of such amendment such additional time as might be appropriate to meet the additional requirement of section 1932(b)(9)(C) of the Social Security Act (relating to minimum net worth), as added by such amendment. SEC. 3. ASSURING THE SOLVENCY OF MEDICARE+CHOICE ORGANIZATIONS. (a) Application to Medicare+Choice Organizations.--Section 1855 of the Social Security Act (42 U.S.C. 1395w-25) is amended by adding at the end the following new subsection: ``(e) Solvency-Related Requirements.-- ``(1) In general.--Except as provided in this subsection, the requirements of section 1932(b)(9) shall apply to Medicare+Choice organizations in the same manner as they apply to medicaid managed care organizations except that, for purposes of this subsection, any reference in such section to a State, title XIX, or a contract under section 1903(m) is deemed a reference to the Secretary, this title, and a contract under section 1857, respectively. ``(2) Recognition of state enforcement.--Insofar as the Secretary finds that a State under section 1932(b)(9) is applying to a Medicare+Choice organization the requirements of such section and the organization meets such requirements, the Secretary shall deem the organization as meeting the comparable requirements that would otherwise be imposed under paragraph (1). ``(3) Relation to other requirements.--The Secretary shall waive the application of a requirement of paragraph (1) to an organization insofar as the Secretary finds that the application of the requirement would be duplicative of other, similar requirements of this part and would not provide greater protection to Medicare+Choice enrollees.''. (b) Application to Other Organizations Providing Medicare Benefits on a Capitated Basis.--The Secretary of Health and Human Services shall provide for the application of the requirement of section 1855(e) of the Social Security Act (as added by subsection (a)) to organizations (other than Medicare+Choice organizations) that receive payment on a capitated basis for provision of services under title XVIII of the Social Security Act. (c) Effective Date.--The Secretary of Health and Human Services shall implement the amendment made by subsection (a) and shall implement subsection (b) in a manner similar to the manner in which the amendment made by section 2(a) becomes effective under paragraphs (1) and (2)(B) of section 2(b). SEC. 4. REPORT ON PROTECTION OF HEALTH CARE PROVIDERS IN CASE OF PLAN INSOLVENCY. The Secretary of Health and Human Services shall report to Congress, not later than 1 year after the date of the enactment of this Act, on-- (1) the steps States are taking to guaranty that, in the event of insolvency of a medicaid managed care organization that offers coverage under the medicaid program or a Medicare+Choice organization that offers a Medicare+Choice plan, health care providers will be protected from financial losses; and (2) what additional steps the Secretary deems appropriate for States or the Federal Government to take to protect health care providers in the event of such an insolvency.

HMO Solvency Act of 2001 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to establish solvency-related requirements for Medicaid managed care organizations, requirements that include periodic financial reporting to the State, independent audits, and approval of certain subcontractors.Amends part C (Medicare+Choice) of SSA title XVIII (Medicare) to establish solvency-related requirements for application to Medicare+Choice organizations.Directs the Secretary of Health and Human Services to provide for the application of such requirements to organizations other than Medicare+Choice organizations that receive payment on a capitated basis for provision of Medicare services.

{"src": "billsum_train", "title": "To amend titles XVIII and XIX of the Social Security Act to assure the financial solvency of Medicare+Choice organizations and Medicaid managed care organizations."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Passport and Travel Cost Reimbursement Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of State has failed to anticipate the increased level of demand for passports after implementing new Western Hemisphere Travel Initiative rules required by Congress. (2) This failure has cost United States citizens many thousands of dollars in unused or cancelled transportation, accommodation, and tour reservations. (3) The Department's proposal to refund fees for failed expedited processing provides insufficient relief to citizens who lost large sums of money through no fault of their own. (4) The United States Government has an obligation to deal honestly and fairly with all individuals who come into contact with it, and to remedy any hardship that arises as a result of its negligence. SEC. 3. REFUND OF PASSPORT PROCESSING FEES. (a) In General.--The Secretary of State shall refund to an eligible United States citizen the fee paid by such citizen in connection with a properly completed and submitted application for a United States passport if such citizen applied or applies for such passport at any time between January 1, 2007, and December 31, 2007, and the time for processing of such passport with respect to such citizen took-- (1) 12 or more weeks in the case of a regular application; or (2) 3 or more weeks in the case of an expedited application. (b) Application for Refund.--To be eligible to receive a refund under subsection (a), a United States citizen shall submit to the Secretary an application for a refund at such time, in such manner, and containing such information as the Secretary may require. SEC. 4. REFUND OF INTERNATIONAL TRAVEL COSTS. (a) In General.--The Secretary of State shall refund to a United States citizen eligible for a refund of a passport processing fee under section 3 the cost incurred by such citizen for payment for an economy- class or comparable ticket, subject to subsection (b), on an international flight departing from a point in the United States if such flight was or is scheduled to depart at any time between January 23, 2007, and December 31, 2007, and if such citizen was or is unable to travel aboard such flight because such citizen was or is unable to timely acquire a passport and such citizen missed or cancelled such flight (b) Reduction in Amount of Refund.-- (1) In general.--The Secretary shall reduce the travel cost refund under subsection (a) by an amount equal to the amount that the airline operating the flight on which such citizen was scheduled to travel has refunded to such citizen as a result of such citizen's inability to travel aboard such flight, in accordance with the refund policies of such airline. (2) Business-class or first-class ticket.--A citizen who submits an application for a refund under this section shall be limited to a refund in an amount equal to the cost of an economy-class or comparable ticket for the international flight on which such citizen was or is unable to travel, subject to any reduction under paragraph (1). (c) Information.--The Secretary shall request from airlines a list of United States citizens who paid for tickets for international travel with such airlines but who did not travel with such airlines during the time period specified in subsection (a). (d) Application for Refund.--To be eligible to receive a refund under subsection (a), a United States citizen shall submit to the Secretary an application for a refund at such time, in such manner, and containing such information as the Secretary may require. SEC. 5. ADDITIONAL ASSISTANCE FOR CERTAIN INDIVIDUALS. The Secretary of State is authorized to provide to a United States citizen who is eligible for a refund under sections 3 and 4 assistance if the Secretary determines that such citizen has suffered an extraordinary financial hardship, such as any provable tour costs, as a result of a delay in passport application processing times and missed or cancelled international travel. SEC. 6. CERTIFICATION. The Secretary of Homeland Security and the Secretary of State may not implement the plan required under section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) with respect to the establishment of a single implementation date for sea and land borders until such time as such Secretaries have submitted to Congress in writing a certification that the passport agencies of the Department of State are able to process applications for passports with minimal disruption to the travel plans of United States citizens.

Passport and Travel Cost Reimbursement Act of 2007 - Directs the Secretary of State to refund to a U.S. citizen, upon refund application: (1) passport processing fees for a passport applied for in 2007 if processing took 12 or more weeks for a regular application or three or more weeks for an expedited application; and (2) international air travel costs (economy or comparable, minus any airline refund) for U.S.-departing flights missed as a result of such processing delays. Authorizes the Secretary to provide additional assistance for an extraordinary hardship. Prohibits the Secretary and the Secretary of Homeland Security from implementing a specified plan for a single implementation date for sea and land borders until they have certified to Congress that Department of State passport agencies are able to process passport applications with minimal disruption.

{"src": "billsum_train", "title": "To refund passport processing fees and international travel costs as a result of unreasonable delays in passport application processing times, and for other purposes."}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Force Protection and Readiness Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sexual Assault Victim Advocate, victim service organization, and health care professional privileges in cases arising under Uniform Code of Military Justice. Sec. 3. Expedited consideration and priority for application for consideration of a permanent change of station or unit transfer based on humanitarian conditions for victim of sexual assault. Sec. 4. Codification of required information database on sexual assault incidents involving members of the Armed Forces. Sec. 5. Establishment of hotline to improve reporting of sexual assaults involving members of the Armed Forces. Sec. 6. Assignment and training of Sexual Assault Victim Advocates. Sec. 7. Provision of court-martial record to victim of sexual assault involving a member of the Armed Forces. Sec. 8. Legal training for judge advocates to improve investigation and prosecution of sexual assault offenses. SEC. 2. SEXUAL ASSAULT VICTIM ADVOCATE, VICTIM SERVICE ORGANIZATION, AND HEALTH CARE PROFESSIONAL PRIVILEGES IN CASES ARISING UNDER UNIFORM CODE OF MILITARY JUSTICE. (a) Privileges Established.-- (1) In general.--Subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by adding at the end the following new section: ``Sec. 940a. Art. 140a. Privilege for communication with Sexual Assault Victim Advocate, victim service organization, or health care professional ``(a) Definitions.--In this section: ``(1) The term `client' means a person who consults with or is examined or interviewed by a Sexual Assault Victim Advocate of the Department of Defense, a victim service organization or any representative of the organization, or a health care professional or any representative of the professional. ``(2) The term `victim service organization' means an organization (whether public or private) that provides advice, counseling, or assistance to victims of domestic violence, family violence, dating violence, stalking, or sexual assault, or to the families of such victims. ``(3) The term `representative', with respect to an organization or professional, means a person directed by or assigned to assist that organization or professional, respectively, in providing advice, counseling, treatment, or assistance. ``(4) The term `confidential communication' means a communication not intended to be disclosed to third persons other than-- ``(A) those persons to whom disclosure is in furtherance of providing advice, counseling, treatment, or assistance to the client; and ``(B) those persons reasonably necessary for facilitating disclosure under subparagraph (A). ``(b) General Rule of Privilege.--(1) A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, in a case arising under this chapter, a confidential communication made between the client and a person or entity specified in paragraph (2) if such communication was made for the purpose of securing advice, counseling, treatment, or assistance concerning the client's mental, physical, or emotional condition caused by a sexual assault or other offense covered by section 920 of this title (article 120). ``(2) The privilege afforded by paragraph (1) applies to confidential communications with-- ``(A) any operator or recording device of the Department of Defense sexual assault reporting hotline; ``(B) a Sexual Assault Victim Advocate; ``(C) a victim service organization or any representative of the organization; and ``(D) a health care professional or any representative of the professional. ``(3) A person referred to in paragraph (2) shall notify clients as soon as practicable of the existence of the privilege afforded by paragraph (1). ``(c) Emergency Shelter Protection.--A client or representative of a client may not be compelled to provide testimony in a case arising under this chapter (or other disciplinary or administrative proceeding of an armed force) that would identify-- ``(1) the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding; or ``(2) the name, address, or telephone number of a victim representative. ``(d) Who May Claim the Privilege.--The privilege under subsection (b) or (c) may be claimed by the client or the guardian or conservator of the client. A person who may claim the privilege may authorize trial counsel or defense counsel to claim the privilege on his or her behalf. The Sexual Assault Victim Advocate, victim service organization, health care professional, or representative who received the communication may claim the privilege on behalf of the client. The authority of the Sexual Assault Victim Advocate, organization, professional, representative, guardian, or conservator to assert the privilege is presumed in the absence of evidence to the contrary. ``(e) Exceptions.--There is no privilege under this section-- ``(1) when the client is dead, except for the privilege under subsection (c); ``(2) to the extent the communication reports child abuse; ``(3) when a Sexual Assault Victim Advocate, victim service organization, health care professional, or representative believes that a mental or emotional condition of the client makes the client a danger to any person, including the client; or ``(4) if the communication clearly contemplated the future commission of a fraud or crime or if the services of the Sexual Assault Victim Advocate, victim service organization, or health care professional are sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud.''. (2) Clerical amendment.--The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``940a. 140a. Privilege for communication with Sexual Assault Victim Advocate, victim service organization, or health care professional.''. (b) Applicability.--Section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a), applies to communications made after the date of the enactment of this Act. SEC. 3. EXPEDITED CONSIDERATION AND PRIORITY FOR APPLICATION FOR CONSIDERATION OF A PERMANENT CHANGE OF STATION OR UNIT TRANSFER BASED ON HUMANITARIAN CONDITIONS FOR VICTIM OF SEXUAL ASSAULT. (a) In General.--Chapter 39 of title 10, United States Code, is amended by inserting after section 672 the following new section: ``Sec. 673. Consideration of application for permanent change of station or unit transfer for members on active duty who are the victim of a sexual assault ``(a) Expedited Consideration and Priority for Approval.--To the maximum extent practical, the Secretary concerned shall provide for the expedited consideration and approval of an application for consideration of a permanent change of station or unit transfer submitted by a member of the armed forces serving on active duty who was a victim of a sexual assault or other offense covered by section 920 of this title (article 120) so as to reduce the possibility of retaliation against the member for reporting the sexual assault. ``(b) Regulations.--The Secretaries of the military departments shall issue regulations to carry out this section, within guidelines provided by the Secretary of Defense.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 672 the following new item: ``673. Consideration of application for permanent change of station or unit transfer for members on active duty who are the victim of a sexual assault.''. SEC. 4. CODIFICATION OF REQUIRED INFORMATION DATABASE ON SEXUAL ASSAULT INCIDENTS INVOLVING MEMBERS OF THE ARMED FORCES. (a) Database Required.--Chapter 80 of title 10, United States Code, is amended by inserting after section 1562 the following new section: ``Sec. 1562a. Database on sexual assault incidents ``(a) Database Required.--The Secretary of Defense shall maintain a centralized, case-level database for the collection, in a manner consistent with Department of Defense regulations for restricted reporting, and maintenance of information regarding sexual assaults involving a member of the armed forces, including information, if available, about the nature of the assault, the victim, the offender, and the outcome of any legal proceedings in connection with the assault. ``(b) Availability of Database.--The database required by subsection (a) shall be available to personnel of the Sexual Assault Prevention and Response Office of the Department of Defense. ``(c) Reports.--The database required by subsection (a) shall be used to develop and implement congressional reports, as required by the following ``(1) Sections 4361, 6980, and 9361 of this title. ``(2) Section 577(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375; 10 U.S.C. 113 note).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1562 the following new item: ``1562a. Database on sexual assault incidents.''. (c) Repeal of Superseded Requirement.--Section 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4470) is repealed. (d) Completion.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall complete implementation of the database required by subsection (a). SEC. 5. ESTABLISHMENT OF HOTLINE TO IMPROVE REPORTING OF SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a universal hotline to facilitate the reporting of a sexual assault-- (1) by a member of the Armed Forces, whether serving in the United States or overseas, who is a victim of a sexual assault; or (2) by any other person who is a victim of a sexual assault involving a member of the Armed Forces. SEC. 6. ASSIGNMENT AND TRAINING OF SEXUAL ASSAULT VICTIM ADVOCATES. (a) Assignment and Training.--Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1568. Sexual Assault Victim Advocates ``(a) Assignment of Victim Advocates.--(1) At least one full-time Sexual Assault Victim Advocate shall be assigned to each battalion or equivalent military unit. The Secretary concerned may assign additional Victim Advocates as necessary based on the demographics or needs of the unit. The additional Victim Advocates may serve on a full-time or part- time basis at the discretion of the Secretary. ``(2) The Secretary concerned shall assign members of the armed forces under the jurisdiction of the Secretary to serve as a deployable Sexual Assault Victim Advocate when Victim Advocates assigned to a unit under paragraph (1) are not deployed with the unit. ``(b) Training and Certification.--(1) The Secretary of Defense shall establish a training and certification program for Sexual Assault Victim Advocates. In developing the program, the Secretary of Defense shall work with the National Victim Assistance Academy. ``(2) A member or civilian employee assigned to duty as a Victim Advocate may obtain certification under the training program.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1568. Sexual Assault Victim Advocates.''. SEC. 7. PROVISION OF COURT-MARTIAL RECORD TO VICTIM OF SEXUAL ASSAULT INVOLVING A MEMBER OF THE ARMED FORCES. A copy of the prepared record of the proceedings of a court-martial involving a sexual assault or other sexual offense shall be given to the victim of the offence if the victim testified during the proceedings. The record of the proceedings shall be provided without charge and as soon as the record is authenticated. The victim shall be notified of the opportunity to receive the record of the proceedings. SEC. 8. LEGAL TRAINING FOR JUDGE ADVOCATES TO IMPROVE INVESTIGATION AND PROSECUTION OF SEXUAL ASSAULT OFFENSES. Section 806 of title 10, United States Code (article 6 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: ``(e) The Secretary of Defense shall provide for the inclusion of a training module for judge advocates who serve as trial counsel to improve their ability to investigate and prosecute cases involving a sexual assault or other offense covered by section 920 of this title (article 120).''.

Force Protection and Readiness Act of 2010 - Grants, in cases arising under the Uniform Code of Military Justice (UCMJ) for communications made between an alleged victim of sexual assault and a Sexual Assault Victim Advocate of the Department of Defense (DOD), to an individual who consulted with such an Advocate, a victim service organization, or a health care professional the privilege of refusing to disclose a confidential communication made by the individual if such communication was made for the purpose of securing advice, counseling, treatment, or assistance in connection with a sexual assault or other sexual misconduct. Allows the privilege to be claimed by the individual's guardian or conservator. Provides exceptions. Requires the Secretary of the military department concerned to provide for the expedited consideration of a request for a permanent change of military station or unit transfer submitted by a member of the Armed Forces serving on active duty who was a victim of sexual assault or other sexual offense. Codifies under federal law a required information database on sexual assault incidents involving members of the Armed Forces. Repeals a superseded requirement under the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. Directs the Secretary of Defense to establish a universal hotline to facilitate the reporting of sexual assault involving members of the Armed Forces. Requires: (1) at least one full-time Sexual Assault Victim Advocate to be assigned to each battalion or equivalent military unit; and (2) appropriate training and certification of such advocates. Requires a copy of the record of proceedings of a court-martial involving a sexual assault or other sexual offense to be given to the victim if the victim testified during the proceedings. Directs the Secretary to provide a training module for judge advocates who serve as trial counsel to improve their ability to investigate and prosecute cases involving a sexual assault or other sexual offense.

{"src": "billsum_train", "title": "To prevent and end the occurrence of sexual assaults involving members of the Armed Forces."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Community Pharmacy Preservation Act of 2007''. SEC. 2. DISPENSING FEES FOR MEDICAID COVERED OUTPATIENT DRUGS. (a) In General.--Section 1927(e) of the Social Security Act (42 U.S.C. 1396r-8(e)) is amended by adding at the end the following new paragraph: ``(6) Dispensing fees.-- ``(A) In general.--A State which provides medical assistance for covered outpatient drugs shall pay a dispensing fee for each covered outpatient drug that is dispensed, in accordance with this paragraph. A State may vary the amount of such dispensing fees, including taking into account the special circumstances of pharmacies that are serving rural or underserved areas or that are sole community pharmacies, so long as such variation is consistent with subparagraph (B). ``(B) Minimum dispensing fee payment for multiple source drugs.--A State shall establish a dispensing fee under this title for a covered outpatient drug that is a multiple source drug described in paragraph (4) (whether or not it may be an innovator multiple source drug) in an amount that is not less than $8 per prescription unit. The Secretary shall define what constitutes a prescription unit for purposes of the previous sentence.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect with respect to a State on the later of (1)-- (1) the date that is 3 months after the date of the enactment of this Act; or (2) the date that is 3 months after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. SEC. 3. IMPROVING STATE FLEXIBILITY IN PHARMACY REIMBURSEMENT. (a) In General.--Section 1927(e)(5) of the Social Security Act (42 U.S.C. 1396r-8(e)(5)) is amended by striking ``250 percent'' and inserting ``300 percent''. (b) Variance Permitted in Application of Average Manufacturer Price.--Such section is further amended by adding at the end the following: ``Nothing in this paragraph shall be construed as preventing a State from varying the amount paid different pharmacies for such a product, including taking into account the special circumstances of pharmacies that are serving rural or underserved areas or that are sole community pharmacies.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2008. SEC. 4. ELIMINATION OF STATE OPTION TO INCREASE CAP AMOUNT ON INDIVIDUALS' EQUITY ASSET TEST FOR ELIGIBILITY FOR LONG- TERM CARE ASSISTANCE UNDER MEDICAID. (a) In General.--Section 1917(f)(1) of the Social Security Act (42 U.S.C. 1396p(f)(1)) is amended by striking subparagraph (B). (b) Conforming Amendments.--Such section is further amended-- (1) in subparagraph (A), by striking ``subparagraphs (B) and (C)'' and inserting ``subparagraph (B)''; (2) by redesignating subparagraph (C) as subparagraph (B); and (3) in subparagraph (B), as so redesignated, by striking ``dollar amounts'' and inserting ``dollar amount''. (c) Effective Date.--The amendments made by this section shall apply to individuals who are determined eligible for medical assistance with respect to nursing facility services or other long-term care services based on an application filed on or after the date of the enactment of this section. SEC. 5. EXTENSION OF SSI ASSET VERIFICATION DEMONSTRATION TO MEDICAID. (a) In General.--Subject to subsection (b), the Secretary of Health and Human Services shall collaborate with the Commissioner of Social Security to provide for the use, for purposes of verifying financial eligibility for medical assistance under State plans under title XIX of the Social Security Act, of the system administered by the Commissioner (under section 1631(e)(1)(B)(ii) of such Act, 42 U.S.C. 1383(e)(1)(B)(ii)) under which the Commissioner may obtain information held by financial institutions in order to verify eligibility for benefits under title XVI of such Act. (b) Limitation.--For purposes of this section, use of the system described in subsection (a), and the information obtained through such system, shall be limited to determinations of eligibility for medical assistance in States in which such system is being used by the Commissioner to verify eligibility for benefits under such title XVI. (c) Sharing by Commissioner of Information Obtained From Financial Institutions.--Notwithstanding the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) or any other provision of law, information obtained by the Commissioner from financial institutions under the system described in subsection (a) may, for purposes of carrying out this section, be shared with the agencies of the State specified in subsection (b) which are administering the plans of such States under title XIX of the Social Security Act.

Access to Community Pharmacy Preservation Act of 2007 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require states to pay dispensing fees for Medicaid covered outpatient drugs. Directs a state which provides medical assistance for covered outpatient drugs to establish a minimum Medicaid dispensing fee of at least $8 per unit for covered outpatient multiple source drugs. Revises the requirement for application of the federal upper pharmacy reimbursement limit in the calculation of the payment for covered outpatient drugs. Increases from 250% to 300% the percentage of the average manufacturer price (AMP) the Secretary of Health and Human Services is required to substitute for 150% of the published price. Repeals the state option to increase the cap on the equity asset test for an individual's eligibility for long-term care assistance under Medicaid. Directs the Secretary, for purposes of verifying financial eligibility for Medicaid, to collaborate with the Commissioner of Social Security for use of the Commissioner's system for obtaining information held by financial institutions in order to verify eligibility for benefits under SSA title VI (Supplemental Security Income) (SSI).

{"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to establish a minimum State dispensing fee for covered outpatient multiple source drugs under the Medicaid Program, to modify the application of the average manufacturer price (AMP) methodology to drug rebates, to eliminate the State option to increase the cap amount on the equity asset test for individuals' eligibility for long-term care assistance under such program, and to extend an SSI asset verification demonstration to Medicaid."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lawful Purpose and Self Defense Act''. SEC. 2. ELIMINATION OF AUTHORITY TO RECLASSIFY POPULAR RIFLE AMMUNITION AS ``ARMOR PIERCING AMMUNITION''. Section 921(a)(17) of title 18, United States Code, is amended-- (1) in subparagraph (B)-- (A) in clause (i), by striking ``may be used'' and inserting ``is designed and intended by the manufacturer or importer for use''; and (B) in clause (ii), by inserting ``by the manufacturer or importer'' before ``for use''; and (2) in subparagraph (C), by striking ``the Attorney General finds is primarily intended to be used for sporting purposes'' and inserting ``is primarily intended by the manufacturer or importer to be used in a rifle or shotgun, a handgun projectile that is designed and intended by the manufacturer or importer to be used for hunting, recreational, or competitive shooting''. SEC. 3. ELIMINATION OF RESTRICTIONS ON IMPORTATION OF NON-NATIONAL FIREARMS ACT FIREARM OR AMMUNITION THAT MAY OTHERWISE BE LAWFULLY POSSESSED AND SOLD IN THE UNITED STATES. (a) Elimination of Prohibitions.--Section 922 of title 18, United States Code, is amended-- (1) in subsection (a), by striking paragraph (7) and inserting the following: ``(7) for any person to manufacture or import armor piercing ammunition, unless the manufacture or importation of the ammunition-- ``(A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State; ``(B) is for the purpose of exportation; or ``(C) is for the purpose of testing or experimentation, and has been authorized by the Attorney General;''; (2) in subsection (l), by striking ``925(d) of this chapter'' and inserting ``925''; and (3) by striking subsection (r). (b) Broadening of Exceptions.--Section 925 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``determined'' and all that follows through the end and inserting ``intended for the lawful personal use of such member or club.''; and (B) in paragraph (4), by striking ``(A)'' and all that follows through ``for the'' and inserting ``intended for the lawful''; and (2) by striking subsections (d), (e), and (f) and inserting the following: ``(d)(1) Not later than 30 days after the Attorney General receives an application therefor, the Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if-- ``(A) the firearm or ammunition is being imported or brought in for scientific, research, testing, or experimentation purposes; ``(B) the firearm is an unserviceable firearm (other than a machine gun as defined in section 5845(b) of the Internal Revenue Code of 1986 that is readily restorable to firing condition) imported or brought in as a curio or museum piece; ``(C) the firearm is not a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986; ``(D) the ammunition is not armor piercing ammunition (as defined in section 921(a)(17)(B) of this title), unless subparagraph (A), (E), (F), or (G) of this paragraph applies; ``(E) the firearm or ammunition is being imported or brought in for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State; ``(F) the firearm or ammunition is being imported or brought in for the purpose of exportation; ``(G) the firearm or ammunition was previously taken out of the United States or a possession thereof by the person who is bringing in the firearm or ammunition; or ``(H) the firearm is a firearm defined as curio or relic by the Attorney General under section 921(a)(13) of this title. ``(2) Not later than 30 days after the Attorney General receives an application therefor, the Attorney General shall permit the conditional importation or bringing in of a firearm or ammunition for examination and testing in connection with the making of a determination as to whether the importation or bringing in of the firearm or ammunition will be allowed under this subsection. ``(3) The Attorney General shall not authorize, under this subsection, the importation of any firearm the importation of which is prohibited by section 922(p).''. SEC. 4. PROTECTION OF SHOTGUNS, SHOTGUN SHELLS, AND LARGE CALIBER RIFLES FROM ARBITRARY CLASSIFICATION AS ``DESTRUCTIVE DEVICES''. (a) Amendments to the National Firearms Act.--Section 5845(f) of the National Firearms Act is amended-- (1) in paragraph (2) of the first sentence, by striking ``recognized as particularly suitable for sporting purposes'' and inserting ``recognized as suitable for lawful purposes''; and (2) in the second sentence, by striking ``use solely for sporting purposes'' and inserting ``use for sporting purposes''. (b) Amendments to Title 18, United States Code.--Section 921(a)(4) of title 18, United States Code, is amended-- (1) in subparagraph (B) of the 1st sentence, by striking ``particularly suitable for sporting'' and inserting ``suitable for lawful''; and (2) in the 2nd sentence, by striking ``solely''. SEC. 5. BROADENING OF THE TEMPORARY INTERSTATE TRANSFER PROVISION TO ALLOW TEMPORARY TRANSFERS FOR ALL LAWFUL PURPOSES RATHER THAN JUST FOR ``SPORTING PURPOSES''. Section 922 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (5)(B), by striking ``sporting''; and (B) in paragraph (9), by striking ``sporting''; and (2) in subsection (b)(3)(B), by striking ``sporting''.

Lawful Purpose and Self Defense Act This bill amends the federal criminal code to modify the definition of "armor piercing ammunition" for purposes of federal firearms provisions to: (1) include a projectile that is designed and intended by the manufacturer or importer for use in a handgun (currently, a projectile that may be used in a handgun); (2) repeal the exclusion of a projectile that the Department of Justice (DOJ) finds is primarily intended for sporting purposes; and (3) exclude a projectile that is primarily intended by the manufacturer or importer to be used in a rifle or shotgun and a handgun projectile that is designed and intended by the manufacturer or importer to be used for hunting, recreational, or competitive shooting. It repeals a prohibition on assembling from imported parts a semiautomatic rifle or shotgun that is identical to one prohibited from importation as not being suitable for or readily adaptable to sporting purposes. It repeals the condition that in order for a licensed importer, manufacturer, or dealer to be permitted to ship to a member of the U.S. Armed Forces on active duty outside the United States or to clubs whose entire membership is composed of such members, and for such members or clubs to be permitted to receive, a firearm or ammunition intended for the lawful personal use of such members or club, the firearm or ammunition must be determined by DOJ to be generally recognized as particularly suitable for sporting purposes. The bill includes among the categories of firearms or ammunition that may be authorized for importation into the United States by DOJ, within 30 days after receiving an application therefor: (1) ammunition that is not armor piercing ammunition; (2) a firearm or ammunition that is being brought in for the use of a federal, state, or local government agency; and (3) a firearm or ammunition that is being imported for the purpose of exportation. It amends the National Firearms Act to modify the definition of "destructive device" to exclude: (1) a shotgun or shotgun shell which the Department of the Treasury finds is generally recognized as particularly suitable for lawful (currently, sporting) purposes; and (2) an antique or a rifle which the owner intends to use for (currently, solely for) sporting purposes. It authorizes the temporary interstate transfer of a firearm for lawful (currently, sporting) purposes.

{"src": "billsum_train", "title": "Lawful Purpose and Self Defense Act"}

Section 1. This Act may be cited as the ``Panama Canal Amendments Act of 1994''. Sec. 2. Section 1101 of the Panama Canal Act of 1979 (22 U.S.C. 3611) is amended to read as follows: ``establishment, purposes, offices, and residence of the commission ``Sec. 1101. (a) For the purposes of managing, operating, and maintaining the Panama Canal and its complementary works, installations and equipment, and of conducting operations incident thereto, in accordance with the Panama Canal Treaty of 1977 and related agreements, the Panama Canal Commission (hereinafter in this Act referred to as the `Commission') is established as a wholly owned government corporation (as that term is used in chapter 91 of title 31, United States Code) within the executive branch of the Government of the United States. The authority of the President with respect to the Commission shall be exercised through the Secretary of Defense. ``(b) The principal office of the Commission shall be located in the Republic of Panama in one of the areas made available for use of the United States under the Panama Canal Treaty of 1977 and related agreements, but the Commission may establish branch offices in such other places as it deems necessary or appropriate for the conduct of its business. Within the meaning of the laws of the United States relating to venue in civil actions, the Commission is an inhabitant and resident of the District of Columbia and the eastern judicial district of Louisiana.''. Sec. 3. Section 1102 of the Panama Canal Act of 1979 (22 U.S.C. 3612) is amended by striking so much as precedes subsection (b) and inserting the following: ``supervisory board ``Sec. 1102.(a) The Commission shall be supervised by a Board composed of nine members, one of whom shall be the Secretary of Defense or an officer of the Department of Defense designated by the Secretary. Not less than five members of the Board shall be nationals of the United States and the remaining members of the Board shall be nationals of the Republic of Panama. Three members of the Board who are nationals of the United States shall hold no other office in or be employed by the Government of the United States, and shall be chosen for the independent perspective they can bring to the Commission's affairs. Members of the Board who are the nationals of the United States shall cast their votes as directed by the Secretary of Defense or the designee of the Secretary.''. Sec. 4. Section 1102 of the Panama Canal Act of 1979 (22 U.S.C. 3612) is amended by adding at the end the following: ``(d)(1) In order to enhance the prestige of the Commission in the world shipping community and allow for the exchange of varied perspectives between the Board and distinguished international guests in the important deliberations of the Commission, the United States and the Republic of Panama may each invite to attend meetings of the Board, as a designated international advisor to the Board, one individual chosen for the independent perspective that individual can bring to the Commission's affairs, and who-- ``(A) is not a national of either the United States or Panama; ``(B) does not represent any user or customer of the Panama Canal, or any particular interest group or nation; and ``(C) does not have any financial interest which could constitute actual or apparent conflict with regard to his relationship with the Board or the Commission. ``(2) Such designated international advisors may be compensated by the Commission in the same manner and under the same circumstances as apply under subsection (b) with regard to members of the Board. Designated international advisors shall have no vote on matters pending before the Board.''. Sec. 5. The Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) is amended by adding after section 1102 the following: ``general powers of the commission ``Sec. 1102a. (a) The Commission-- ``(1) may adopt, alter, and use a corporate seal, which shall be judicially noticed; ``(2) may by action of the Board of Directors adopt, amend, and repeal bylaws governing the conduct of its general business and the performance of the powers and duties granted to or imposed upon it by law; ``(3) may sue and be sued in its corporate name, except that-- ``(A) its amenability to suit is limited by Article VIII of the Panama Canal Treaty of 1977, section 1401 of this Act, and otherwise by law; ``(B) an attachment, garnishment, or similar process may not be issued against salaries or other moneys owed by the Commission to its employees except to the extent specifically authorized by the laws of the United States; and ``(C) it is exempt from the payment of interest on claims and judgments; ``(4) may enter into contracts, leases, agreements, or other transactions; ``(5) may determine the character of, and necessity for, its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, and incur, allow, and pay them, subject to pertinent provisions of law generally applicable to Government corporations; and ``(6) may purchase, lease, or otherwise acquire, and hold, own, maintain, work, develop, and, subject to section 1504, sell, lease, exchange, convey, mortgage, or otherwise dispose of, and deal in, lands, leaseholds, and any interest, estate, or rights in real, personal, or mixed property, and any franchises, concessions, rights, licenses, or privileges necessary or appropriate for any of the purposes expressed in this Act. ``(b) The Commission shall have the priority of the United States in the payment of debts out of bankrupt estates. ``specific powers of commission ``Sec. 1102b. (a) Subject to the Panama Canal Treaty of 1977 and related agreements, and to chapter 91 of title 31, United States Code, popularly known as the Government Corporation Control Act, the Commission may-- ``(1) manage, operate, and maintain the Panama Canal; ``(2) construct or acquire, establish, maintain, and operate docks, wharves, piers, harbor terminal facilities, shops, yards, marine railways, salvage and towing facilities, fuel-handling facilities, motor-transportation facilities, power systems, water systems, a telephone system, construction facilities, living quarters and other buildings, guest houses, warehouses, storehouses, a printing plant, and manufacturing, processing or service facilities in connection therewith, recreational facilities, and other business activities, facilities, and appurtenances necessary and appropriate for the accomplishment of the purposes of this Act; ``(3) makes sales, and furnish services, equipment, supplies and materials, as contemplated by this Act, to-- ``(A) vessels; ``(B) agencies of the Government of the United States; ``(C) employees of the Government of the United States; and ``(D) any other governments, agencies, persons, corporations, or associations eligible to make such purchases, or receive such services, equipment, supplies, or materials under the laws prevailing at the time and the policies heretofore or hereafter adopted consistently with those laws; ``(4) use the United States mails in the same manner and under the same conditions as the executive departments of the Federal Government; and ``(5) take such actions as are necessary or appropriate to carry out the powers specifically conferred upon it.''. Sec. 6. Section 1302 of the Panama Canal Act of 1979 (22 U.S.C. 3712) is amended-- (1) in subsection (c)(1) by striking ``and subject to paragraph (2)''; (2) by striking paragraph (2); (3) by redesignating paragraph (3) as paragraph (2); and (4) by amending subsection (e) to read as follows: ``(e) In accordance with section 9104 of title 31, United States Code, the Congress shall review the annual budget of the Commission.''. Sec. 7. Section 1313 of the Panama Canal Act of 1979 (22 U.S.C. 3723) is amended-- (1) by striking the heading for the section and inserting the following: ``audits''; (2) in subsection (a) by striking ``Financial transactions'' and inserting ``Subject to subsection (d), financial transactions''; and (3) in subsection (b) in the first sentence by striking ``The Comptroller General'' and inserting ``Subject to subsection (d), the Comptroller General''; and (4) by adding at the end the following: ``(d) At the discretion of the Board provided for in section 1102, the Commission may hire independent auditors to perform, in lieu of the Comptroller General, the audit and reporting functions prescribed in subsections (a) and (b). ``(e) The audited financial statements of the Commission shall include assurances that the Commission will be in a position to meet its financial liabilities on December 31, 1999.''. Sec. 8. Section 1601 of the Panama Canal Act of 1979 (22 U.S.C. 3791) is amended to read as follows: ``prescription of measurement rules and rates of tolls ``Sec. 1601. The Commission may, subject to the provisions of this Act, prescribe and from time to time change-- ``(1) the rules for the measurement of vessels for the Panama Canal; and ``(2) the tolls that shall be levied for use of the Panama Canal.''. Sec. 9. Section 1604 of the Panama Canal Act of 1979 (22 U.S.C. 3794) is amended-- (1) in subsection (a) in the first sentence by striking ``1601(a)'' and inserting ``1601''; (2) by amending subsection (c) to read as follows: ``(c) After the proceedings have been conducted pursuant to subsection (a) and (b) of this section, the Commission may change the rules of measurement or rates of tolls, as the case may be. The Commission shall, however, publish notice of such change in the Federal Register not less than 30 days before the effective date of the change.''; and (3) by striking subsections (d) and (e) and redesignating subsection (f) as subsection (d). Sec. 10. The Panama Canal Act of 1979 is amended-- (1) in section 1205 (22 U.S.C. 3645) in the last sentence by striking ``appropriation'' and inserting ``fund''. (2) in section 1303 (22 U.S.C. 3713) by striking ``The authority of this section may not be used for administrative expenses.''; (3) in section 1321(d) (22 U.S.C. 3721(d)) in the second sentence by striking ``appropriations or''; (4) in section 1401(c) (22 U.S.C. 3761(c)) by striking ``appropriated for or''; (5) in section 1415 (22 U.S.C. 3775) in the second sentence by striking ``appropriated or''; and (6) in section 1416 (22 U.S.C. 3776) in the third sentence by striking ``appropriated or''. Sec. 11. Section 9101(3) of title 31, United States Code, is amended by adding at the end the following: ``(O) the Panama Canal Commission.''.

Panama Canal Amendments Act of 1994 - Amends the Panama Canal Act of 1979 to reestablish the Panama Canal Commission as a wholly owned government corporation within the executive branch.

{"src": "billsum_train", "title": "Panama Canal Amendments Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fishing Quota Act of 2003''. SEC. 2. FISHING QUOTA SYSTEMS. (a) In General.--Section 303 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853) is amended-- (1) by striking subsection (b)(6) and inserting the following: ``(6) establish a limited access system for the fishery in order to achieve optimum yield if, in developing such system, the Council and the Secretary take into account-- ``(A) the conservation requirements of this Act with respect to the fishery; ``(B) present participation in the fishery; ``(C) historical fishing practices in, and dependence on, the fishery; ``(D) the economics of the fishery; ``(E) the capability of fishing vessels used in the fishery to engage in other fisheries; ``(F) the cultural and social framework relevant to the fishery and any affected fishing communities; ``(G) the fair and equitable distribution of a public resource; and ``(H) any other relevant considerations.''; (2) by striking subsection (d) and inserting the following: ``(d) Fishing Quota Systems.-- ``(1) Establishment.--Any fishery management plan or amendment that is prepared by any Council, or by the Secretary, with respect to any fishery, may establish a fishing quota system consistent with the provisions of subsection (b)(6). ``(2) In general.--The Councils and Secretary shall ensure that any such fishing quota system submitted and approved after September 30, 2002, complies with the requirements of this Act and-- ``(A) shall prevent any person from acquiring an excessive share of the fishing quotas issued, as appropriate for the fishery, and establish any other limits or measures necessary to prevent inequitable concentration of quota share; ``(B) shall provide for the fair and equitable initial allocation of quota share and in such allocation-- ``(i) shall take into account present and historic participation in the fishery; ``(ii) shall consider allocating a portion of the annual harvest to entry-level fishermen, small vessel owners, skippers, crew members, and fishing communities; and ``(iii) may allocate shares among categories of vessels or gear types; ``(C) shall contain provisions for the regular review and evaluation of the system, including timetables and criteria for evaluating performance, and actions to be taken for failure to meet the criteria; ``(D) shall contain criteria that would govern limitation, revocation, renewal, reallocation, or reissuance of fishing quota, including: ``(i) reallocation or reissuance of quota revoked pursuant to section 308 of this Act; ``(ii) revocation and reissuance of fishing quota if the owner of the quota cease to substantially participate in the fishery; and ``(iii) exceptions to revocation or limitation in cases of death, disablement, undue hardship, or in any case in which fishing is prohibited by the Secretary; ``(E) shall provide a process for appeals of decisions on-- ``(i) eligibility of a person to receive or bid for an allocation of quota shares; and ``(ii) limitations, restrictions and revocations of quota held by a person; ``(F) shall promote management measures to improve the conservation and management of the fishery, including reduction of bycatch; ``(G) shall provide for effective enforcement, monitoring, management of such system, including adequate data collection and use of observers at least at a level of coverage that should yield statistically significant results; ``(H) may provide for the sale, lease or transfer of quota shares and limitations thereto; ``(I) shall provide a mechanism, such as fees as authorized by section 304(d)(2), including fees payable on quota transfers to recover costs related to administering and implementing the program, including enforcement, management and data collection (including adequate observer coverage), if the assessment of such fees is proportional to the amount of quota held and fished by each quota holder and if such fees are used only for that fishing quota system; ``(J) shall consider the use of community or area- based approaches and strategies in developing fishing quota systems and consider other management measures, including measures to facilitate formation of fishery cooperative arrangements, taking into account proximity to and dependence on the resource, contribution of fishing to the social and economic status of the community, and historic participation in the fishery; and ``(K) shall include procedures and requirements necessary to carry out subparagraphs (A) through (J). ``(3) No creation of right, title, or interest.--A fishing quota or other limited access system authorization-- ``(A) shall be considered a permit for the purposes of sections 307, 308, and 309; ``(B) may be revoked or limited at any time in accordance with this Act, including for failure to comply with the terms of the plan or if the system is found to have jeopardized the sustainability of the stock or the safety of fishermen; ``(C) shall not confer any right of compensation to the holder of such fishing quota or other such limited access system authorization if it is revoked or limited; ``(D) shall not create, or be construed to create, any right, title, or interest in or to any fish before the fish is harvested; and ``(E) shall be considered a grant of permission to the holder of the fishing quota to engage in activities permitted by the fishing quota system. ``(4) Eligibility.--Persons eligible to hold fishing quota shares are persons who are United States citizens, or who are United States nationals or permanent resident aliens qualified by Federal law to participate in the fishery. ``(5) Duration.--Any fishing quota system established under this section after the date of enactment of the Fishing Quota Act of 2003 shall expire at the end of a 10-year period beginning on the date the system is established, or at the end of successive 10 year periods thereafter, unless extended by a fishery management plan amendment in accordance with this Act, for successive periods not to exceed 10 years. ``(6) Referendum procudures.-- ``(A) Except as provided in subparagraph (C) for the Gulf of Mexico commercial red snapper fishery, a Council may not submit, and the Secretary not approve or implement a fishery management plan or amendment that creates a fishing quota system, including a secretarial plan, unless such a system, as ultimately developed, has been approved by more than two-thirds of those voting in a referendum among eligible permit holders. If a fishing quota system fails to be approved by the requisite number of those voting, it may be revised and submitted for approval in a subsequent referendum. ``(B) The Secretary shall conduct the referendum referred to in this paragraph, including notifying all persons eligible to participate in the referendum and making available to them information concerning the schedule, procedures and eligibility requirements for the referendum process and the proposed fishing quota system. The Secretary shall within one year of enactment of the Fishing Quota Act of 2003 publish guidelines and procedures to determine procedures and voting eligibility requirements for referenda and to conduct such referenda in a fair and equitable manner. ``(C) The provisions of section 407(c) shall apply in lieu of this paragraph for any fishing quota system for the Gulf of Mexico commercial red snapper fishery. ``(D) Chapter 35 of title 44, United States Code, (commonly known as the ``Paperwork Reduction Act'') does not apply to the referenda conducted under this paragraph. ``(7)(A) No provision of law shall be construed to limit the authority of a Council to submit, or the Secretary to approve, the termination or limitation, without compensation to holders of any limited access system permits, of a fishery management plan, plan amendment, or regulation that provides for a limited access system, including an fishing quota system. ``(B) This subsection shall not apply to, or be construed to prohibit a Council from submitting, or the Secretary from approving and implementing, amendments to the North Pacific halibut and sablefish, South Atlantic wreckfish, or Mid- Atlantic surf clam and ocean (including mahogany) quahog individual fishing quota programs. ``(8)(A) A Council may submit, and the Secretary may approve and implement, a program which reserves up to 25 percent of any fees collected from a fishery under section 304(d)(2) to be used, pursuant to section 1104A(a)(7) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to issue obligations that aid in financing the-- ``(i) purchase of fishing quotas in that fishery by fishermen who fish from small vessels; and ``(ii) first-time purchase of fishing quotas in that fishery by entry level fishermen. ``(B) A Council making a submission under subparagraph (A) shall recommend criteria, consistent with the provisions of this Act, that a fisherman must meet to qualify for guarantees under clauses (i) and (ii) of subparagraph (A) and the portion of funds to be allocated for guarantees under each clause.''. (b) Independent Review.--Section 303 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853) is further amended by adding at the end the following: ``(e)(1) Within 5 years after the date of enactment of the Fishing Quota Act of 2003, and every 5 years thereafter, the National Research Council shall provide an independent review of the effectiveness of fishing quota systems conducted in Federal fisheries. ``(2) The review shall be conducted by an independent panel of individuals who have knowledge and experience in fisheries conservation and management, in the implementation of fishing quota systems, or in the social or economic characteristics of fisheries. The National Research Council shall ensure that members of the panel are qualified for appointment, are not active quota share holders, and provide fair representation to interests affected by such programs. ``(3) The independent review of fishing quota systems shall include-- ``(A) a determination of how fishing quota systems affect fisheries management and contribute to improved management, conservation (including bycatch reduction) and safety in the fishery; ``(B) formal input in the form of testimony from quota holders relative to the effectiveness of the fishing quota system; ``(C) an evaluation of the social, economic and biological consequences of the quota system, including the economic effects of the system on fishing communities; ``(D) an evaluation of the costs of implementing, monitoring and enforcing the systems and the methods used to establish or allocate individual quota shares; and ``(E) recommendations to the Councils and the Secretary to ensure that quota systems meet the requirements of this Act and the goals of the plans, and recommendations to the Secretary for any changes to regulations issued under section 304(i). ``(4) The Secretary shall submit the report to the Congress and any appropriate Councils within 60 days after the review is completed.''. (c) Action on Limited Access Systems.--Section 304 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1854) is amended by adding at the end the following: ``(i) Action on Limited Access Systems.--Within 1 year after the date of enactment of the Fishing Quota Act of 2003, the Secretary shall issue regulations which establish requirements for establishing a fishing quota system. Nothing in this paragraph prohibits a Council or the Secretary from initiating development of a fishing quota system consistent with the provisions of this Act pending publication of the final regulations.''. (d) Definitions.--Section 3 of the Magnuson-Stevens Fishery Management and Conservation Act (16 U.S.C. 1802) is amended by-- (1) adding at the end the following: ``(46) The term `United States Citizen' means an individual who is a citizen of the United States or a corporation, partnership, association, or other entity that qualifies to document a fishing vessel as a vessel of the United States under chapter 121 of title 46, United States Code.''; and (2) striking `` `individual fishing quota' '' in paragraph (21) and inserting `` `fishing quota system' ''. (e) Conforming Amendments.-- (1) The following provisions of that Act are amended by striking ``individual fishing quota'' and inserting ``fishing quota'': (A) Section 304(c)(3) (16 U.S.C.1854(c)(3)). (B) Section 304(d)(2)(A)(i) (16 U.S.C.1854(d)(2)(A)(i)). (C) Section 402(b)(1)(D) (16 U.S.C. 1881a(b)(1)(D)). (D) Section 407(a)(1)(D), (c)(1), and (c)(2)(B) (16 U.S.C. 1883(a)(1)(D), (c)(1), and (c)(2)(B)). (2) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by striking ``individual''. SEC. 3. GULF OF MEXICO FISHING QUOTA SYSTEMS. Section 407(c) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1883) is amended by adding at the end the following: ``(3) The initial referendum described in paragraph (1) shall be used to determine support for whether the sale, transfer, or lease of quota shares shall be allowed.''.

Fishing Quota Act of 2003 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Regional Fishery Management Councils and the Secretary of Commerce (Secretary) or his designee, when developing a limited access system for fisheries to achieve optimum yield, to take into account: (1) the conservation requirements of this Act with respect to fisheries; and (2) the fair and equitable distribution of a public resource. Authorizes the establishment of a fishing quota system in a fishery management plan or amendment prepared by any Regional Fishery Management Council or the Secretary. Specifies fishing quota system: (1) requirements the Councils and Secretary must ensure that any proposal meet; (2) right, tittle, and interest scope and limitations; (3) eligibility requirements; (4) duration; and (5) referendum procedures. Prohibits approval or implementation by the Secretary of any fishery management plan (or amendment) unless it has been approved by more than two-thirds of those voting in a referendum among eligible permit holders. Authorizes the Secretary to approve and implement a program submitted by a Council which reserves up to 25 percent of the fees collected from fisheries for costs related to the management and enforcement of fishing quota programs for issuance of obligations that aid in financing the: (1) purchase of fishing quotas by small vessel fishermen; and (2) first-time purchase of fishing quotas by entry level fisherman. Requires the National Research Council to provide an independent review, every five years, of the effectiveness of fishing quota systems conducted in Federal fisheries. Requires the Secretary to issue regulations which establish requirements for a fishing quota system.

{"src": "billsum_train", "title": "A bill to establish National Standards for Fishing Quota Systems."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Accountability and Review of Federal Agencies Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the Commission on the Accountability and Review of Federal Agencies (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall consist of 12 members, all of whom shall be appointed by the President within 90 days after the date of enactment of this Act. (2) Chairperson and vice chairperson.--The President shall designate a chairperson and vice chairperson from among the members of the Commission. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) 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. (e) Meetings.--The Commission shall meet at the call of the chairperson. (f) 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) Definition.-- (1) In general.--Except as provided in paragraph (2), the term ``agency'', as used in this section, has the meaning given the term ``executive agency'' under section 105 of title 5, United States Code. (2) Exception.--The term ``agency'' does not include the Department of Defense or its subdivisions. (b) In General.--The Commission shall-- (1) evaluate all agencies and programs within those agencies, using the criteria under subsection (c); and (2) submit to Congress-- (A) a plan with recommendations of the agencies and programs that should be realigned or eliminated; and (B) proposed legislation to implement the plan under subparagraph (A). (c) Criteria.-- (1) Duplicative.--If 2 or more agencies or programs are performing the same essential function and the function can be consolidated or streamlined into a single agency or program, the Commission shall recommend that the agency or program be realigned. (2) Wasteful or inefficient.--The Commission shall recommend the realignment or elimination of any agency or program that has wasted Federal funds by-- (A) egregious spending; (B) mismanagement of resources and personnel; or (C) use of such funds for personal benefit or the benefit of a special interest group. (3) Outdated, irrelevant, or failed.--The Commission shall recommend the elimination of any agency or program that-- (A) has completed its intended purpose; (B) has become irrelevant; or (C) has failed to meet its objectives. (d) Report.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that includes-- (A) the plan described under subsection (b)(1) with supporting documentation for all recommendations; and (B) the proposed legislation described under subsection (b)(2). (2) Use of savings.--The proposed legislation under paragraph (1)(B) shall provide that all funds saved by the implementation of the plan under paragraph (1)(A) shall be used to support other domestic programs. (3) Relocation of federal employees.--The proposed legislation under paragraph (1)(B) shall provide that if the position of an employee of an agency is eliminated as a result of the implementation of the plan under paragraph (1)(A), the affected agency shall make reasonable efforts to relocate such employee to another position within the agency or within another Federal agency. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as any member of the Commission considers advisable; (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses as any member of the Commission considers advisable; and (3) require, by subpoena or otherwise, the production of such books, records, correspondence, memoranda, papers, documents, tapes, and other evidentiary materials relating to any matter under investigation by the Commission. (b) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the chairperson of the Commission and shall be served by any person or class of persons designated by the chairperson for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (c) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) 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. (e) 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.-- (1) Non-federal members.--Except as provided under subsection (b), each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated. (2) Federal officers or employees.--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 of the Commission 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.--Upon the approval of the chairperson, the executive director may fix the compensation of the executive 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 maximum rate payable for a position at GS-15 of the General Schedule under section 5332 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (d) Detail of Government Employees.--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 of the Commission 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. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report under section 3(d). SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS. (a) Definitions.--In this section-- (1) the term ``implementation bill'' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislation included in the report submitted to Congress under section 3, without modification; and (2) the term ``calendar day'' means a calendar day other than 1 on which either House is not in session because of an adjournment of more than 3 days to a date certain. (b) Introduction; Referral; and Report or Discharge.-- (1) Introduction.--On the first calendar day on which both Houses are in session, on or immediately following the date on which the report is submitted to Congress under section 3, a single implementation bill shall be introduced (by request)-- (A) in the Senate by the Majority Leader of the Senate, for himself and the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate; and (B) in the House of Representatives by the Speaker of the House of Representatives, for himself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Speaker and Minority Leader of the House of Representatives. (2) Referral.--The implementation bills introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and any appropriate committee of jurisdiction in the House of Representatives. A committee to which an implementation bill is referred under this paragraph may report such bill to the respective House without amendment. (3) Report or discharge.--If a committee to which an implementation bill is referred has not reported such bill by the end of the 15th calendar day after the date of the introduction of such bill, such committee shall be immediately discharged from further consideration of such bill, and upon being reported or discharged from the committee, such bill shall be placed on the appropriate calendar. (c) Floor Consideration.-- (1) In general.--When the committee to which an implementation bill is referred has reported, or has been discharged under subsection (b)(3), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill, and all points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Amendments.--An implementation bill may not be amended in the Senate or the House of Representatives. (3) Debate.--Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (4) Vote on final passage.--Immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur. (5) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (d) Coordination With Action by Other House.--If, before the passage by 1 House of an implementation bill of that House, that House receives from the other House an implementation bill, then the following procedures shall apply: (1) Nonreferral.--The implementation bill of the other House shall not be referred to a committee. (2) Vote on bill of other house.--With respect to an implementation bill of the House receiving the implementation bill-- (A) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (B) the vote on final passage shall be on the implementation bill of the other House. (e) Rules of the Senate and the House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2002 through 2005 for carrying out this Act.

Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress and the President a plan with recommendations of the agencies and programs that should be realigned or eliminated and proposed implementing legislation. Sets forth provisions governing congressional consideration of such legislation.

{"src": "billsum_train", "title": "To establish a commission to conduct a comprehensive review of Federal agencies and programs and to recommend the elimination or realignment of duplicative, wasteful, or outdated functions, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Fence Restoration Act of 2015''. SEC. 2. FENCING ALONG AND OPERATIONAL CONTROL OF THE SOUTHWEST BORDER. (a) Fencing.--Paragraph (1) of section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended-- (1) in subparagraph (A), by inserting ``, not later than December 31, 2017,'' before ``construct''; (2) in subparagraph (B)-- (A) in clause (i), by striking ``370 miles, or other mileage determined by the Secretary, whose authority to determine other mileage shall expire on December 31, 2008,'' and inserting ``areas''; and (B) in clause (ii), by striking ``2008'' and inserting ``2017''; and (3) by striking subparagraph (D). (b) Operational Control.--Subsection (a) of section 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367) is amended, in the matter preceding paragraph (1)-- (1) by striking ``18 months after the date of the enactment of this Act,'' and inserting ``December 31, 2017,''; and (2) by inserting ``, in consultation with State and local officials along the international border between the United States and Mexico, including governors of border States, mayors of border towns and cities, and border sheriffs,'' before ``shall''. SEC. 3. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN FEDERAL LAND. (a) Short Title.--This section may be cited as the ``National Security and Federal Lands Protection Act''. (b) Prohibition on Secretaries of the Interior and Agriculture.-- Neither the Secretary of the Interior or the Secretary of Agriculture may impede, prohibit, or restrict activities of U.S. Customs and Border Protection on Federal land located within 100 miles of an international land border that is under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, as the case may be, to execute search and rescue operations and to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through such border. (c) Authorized Activities of U.S. Customs and Border Protection.-- U.S. Customs and Border Protection shall have immediate access to Federal land within 100 miles of the international land border under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, or other contraband through such border: (1) Construction and maintenance of roads. (2) Construction and maintenance of barriers. (3) Use of vehicles to patrol, apprehend, or rescue. (4) Installation, maintenance, and operation of communications and surveillance equipment and sensors. (5) Deployment of temporary tactical infrastructure. (d) Clarification Relating to Waiver Authority.-- (1) In general.--Notwithstanding any other provision of law (including any termination date relating to the waiver referred to in this subsection), the waiver by the Secretary of Homeland Security on April 1, 2008, under section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws referred to in paragraph (2) of this subsection with respect to certain sections of the international border between the United States and Mexico and between the United States and Canada shall be considered to apply to all Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States for the activities of U.S. Customs and Border Protection specified in subsection (c) of this section. (2) Description of laws waived.--The laws referred to in paragraph (1) are the Wilderness Act (16 U.S.C. 1131 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the Act of June 8, 1906 (commonly known as the ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), the National Park Service Organic Act (16 U.S.C. 1 et seq.), the General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628). (e) Protection of Legal Uses.--This section may not be construed to provide-- (1) authority to restrict legal uses, such as grazing, hunting, mining, or public-use recreational and backcountry airstrips on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or (2) any additional authority to restrict legal access to such land. (f) Effect on State and Private Land.--This Act shall-- (1) have no force or effect on State or private lands; and (2) not provide authority on or access to State or private lands. (g) Tribal Sovereignty.--Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes.

Secure Fence Restoration Act of 2015 This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to construction of border fencing and road improvements to direct the Department of Homeland Security (DHS) to complete the required 700-mile southwest border fencing and priority-area fencing by December 31, 2017. The Secure Fence Act of 2006 is amended to direct DHS, in consultation with state and local officials along the U.S.-Mexico border, to achieve operational control over U.S. international land and maritime borders by December 31, 2017. National Security and Federal Lands Protection Act Neither the Department of the Interior nor the Department of Agriculture may prohibit or restrict U.S. Customs and Border Protection (CBP) activities on federal land under their respective jurisdictions within 100 miles of an international land border to: execute search and rescue operations; and prevent unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through such border. CBP shall have access to such lands to conduct: (1) road and barrier construction and maintenance, (2) vehicular patrols, (3) surveillance activities, and (4) deployment of temporary tactical infrastructure.

{"src": "billsum_train", "title": "Secure Fence Restoration Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Captive Primate Safety Act''. SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED WILDLIFE SPECIES. Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 3371(g)) is amended by inserting before the period at the end ``or any nonhuman primate''. SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. (a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting ``or'' after the semicolon; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by inserting ``or subsection (e)'' before the period; and (2) in subsection (e)-- (A) by striking ``(e)'' and all that follows through paragraph (1) and inserting the following: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, any live animal of any prohibited wildlife species.''; and (B) in paragraph (2)-- (i) by striking so much as precedes subparagraph (A) and inserting the following: ``(2) Limitation on application.--Paragraph (1) does not apply to any person who--''. (ii) in subparagraph (A), by inserting before the semicolon at the end ``and does not allow direct contact between the public and prohibited wildlife species''; (iii) in subparagraph (B), by striking ``State-licensed wildlife rehabilitator,''; (iv) in subparagraph (C)-- (I) in clauses (ii) and (iii), by striking ``animals listed in section 2(g)'' each place it appears and inserting ``prohibited wildlife species''; (II) in clause (iv), by striking ``animals'' and inserting ``prohibited wildlife species''; and (III) by striking ``or'' after the semicolon at the end; (v) in subparagraph (D)-- (I) by striking ``animal'' each place it appears and inserting ``prohibited wildlife species''; and (II) by striking the period at the end and inserting ``; or''; and (vi) by adding at the end the following: ``(E) is transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if-- ``(i) the nonhuman primate is a single animal of the genus Cebus; ``(ii) the nonhuman primate was obtained from, and trained at, a licensed nonprofit organization that before July 18, 2008 was exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code on the basis that the mission of the organization is to improve the quality of life of severely mobility-impaired individuals; ``(iii) the person transporting the nonhuman primate is a specially trained employee or agent of a nonprofit organization described in clause (ii) that is transporting the nonhuman primate to or from a designated individual who is permanently disabled with a severe mobility impairment; ``(iv) the person transporting the nonhuman primate carries documentation from the applicable nonprofit organization that includes the name of the designated individual referred to in clause (iii); ``(v) the nonhuman primate is transported in a secure enclosure that is appropriate for that species; ``(vi) the nonhuman primate has no contact with any animal or member of the public, other than the designated individual referred to in clause (iii); and ``(vii) the transportation of the nonhuman primate is in compliance with-- ``(I) all applicable State and local restrictions regarding the transport; and ``(II) all applicable State and local requirements regarding permits or health certificates.''. (b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)) is amended-- (1) in paragraph (1), by inserting ``(e),'' after ``subsections (b), (d),''; and (2) in paragraph (1), by inserting ``, (e),'' after ``subsection (d)''. (c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in subparagraphs (A) and (B) of paragraph (1) and in the first sentence of paragraph (2), by inserting ``(e),'' after ``subsections (b), (d),'' each place it appears; and (2) in paragraph (3), by inserting ``, (e),'' after ``subsection (d)''. (d) Effective Date; Regulations.-- (1) Effective date.--Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of-- (A) the date of promulgation of regulations under paragraph (2); and (B) the expiration of the period referred to in paragraph (2). (2) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section. SEC. 4. APPLICABILITY PROVISION AMENDMENT. Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108-191) is amended-- (1) in subsection (a), by striking ``(a) In General.-- Section 3'' and inserting ``Section 3''; and (2) by striking subsection (b). SEC. 5. REGULATIONS. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: ``(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate regulations to implement section 3(e).''.

. Captive Primate Safety Act - (Sec. 2) Amends the Lacey Act Amendments of 1981 to: (1) make nonhuman primates a prohibited wildlife species; and (2) make it unlawful to import, export, transport, sell, receive, acquire, or purchase them in interstate or foreign commerce. (Sec. 3) Modifies exceptions to restrictions on such transactions in prohibited wildlife species, making them inapplicable to a person who: (1) is a licensed and inspected person only if the person does not allow direct contact between the public and prohibited wildlife species, or (2) is transporting under certain conditions a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment. Removes state-licensed wildlife rehabilitators from the list of entities exempted from the restrictions. Sets forth civil and criminal penalties for violations of the requirements of this Act.

{"src": "billsum_train", "title": "Captive Primate Safety Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small and Rural Communities Wastewater Infrastructure Act''. SEC. 2. PUBLICLY OWNED TREATMENT WORKS SERVING SMALL AND DISADVANTAGED COMMUNITIES. Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended-- (1) by redesignating section 607 as section 608; and (2) by inserting after section 606 the following: ``SEC. 607. PUBLICLY OWNED TREATMENT WORKS SERVING SMALL AND DISADVANTAGED COMMUNITIES. ``(a) Allocation of Funds for Small Treatment Works.-- ``(1) In general.--Of the funds received by a State in capitalization grants under this title for a fiscal year-- ``(A) not less than 5 percent shall be used to provide assistance to publicly owned treatment works that regularly serve 5,000 or fewer persons, to the extent that there are sufficient applications for such assistance; ``(B) not less than 10 percent shall be used to provide assistance to publicly owned treatment works that regularly serve between 5,001 and 20,000 persons, to the extent that there are sufficient applications for such assistance; and ``(C) not less than 15 percent shall be used to provide assistance to publicly owned treatment works that regularly serve between 20,001 and 50,000 persons, to the extent that there are sufficient applications for such assistance. ``(2) Use of funds in other categories.--If a State is not able to use an amount of funds to provide assistance to publicly owned treatment works in accordance with paragraph (1)(A), (1)(B), or (1)(C) because there are not sufficient applications, the State, to the maximum extent practicable, shall use that amount of funds to provide assistance for another purpose specified in paragraph (1). ``(3) Limitation on statutory construction.--Nothing in paragraph (1)(A), (1)(B), or (1)(C) shall be construed to limit the amount of funds received by a State in capitalization grants under this title that may be used by the State for the purposes described in that paragraph. ``(b) Preconstruction Assistance for Small Treatment Works.-- ``(1) Authority to make preloans.--Notwithstanding any other provision of this title, a State may use funds received in capitalization grants under this title for making preloans to eligible recipients in accordance with the requirements of this subsection. ``(2) Eligible uses of preloans.--A preloan received by an eligible recipient under this subsection may be used for the following costs incurred in connection with an eligible project: ``(A) Project development. ``(B) Environmental studies. ``(C) Legal and administrative expenses. ``(D) Project design. ``(E) Such other costs as the Administrator determines appropriate, as prescribed by regulation. ``(3) Ineligible use.--A preloan received by an eligible recipient under this subsection may not be used for costs related to land acquisition. ``(4) Maximum individual preloan amount.--The amount of a preloan made under this subsection in connection with an eligible project may not exceed 10 percent of the estimated cost of the project. ``(5) Maximum aggregate preloan amount.--Not to exceed 15 percent of the funds received by a State in capitalization grants under this title for a fiscal year may be used to provide preloans under this subsection. ``(6) Repayment of preloans.-- ``(A) In general.--For purposes of repayment, a preloan made to an eligible recipient in connection with an eligible project shall be treated as part of the principal amount of the primary loan made by the State for the project. Except as provided by subparagraph (B), repayment of preloan amounts shall not be required until payments begin for the primary loan amount and interest on preloan amounts shall not begin to accrue until interest begins to accrue on the primary loan amount. ``(B) Deadline for primary loan application.-- ``(i) In general.--If an eligible recipient under this subsection in connection with an eligible project does not apply for a primary loan for the project in the 3-year period beginning on the date of issuance of the preloan, the State may require, at the discretion of the State, repayment of the preloan with interest. ``(ii) Exceptions.--A State shall not impose a penalty under clause (i) on an eligible recipient that receives a preloan for an eligible project, if the State determines that the eligible recipient did not comply with the 3-year deadline established by clause (i) due to-- ``(I) a delay in environmental reviews conducted by a Federal or State agency; or ``(II) insufficient funds in the State's water pollution control revolving fund established under this title for the State to make a primary loan for the project. ``(7) Definitions.--In this subsection, the following definitions apply: ``(A) Eligible project.--The term `eligible project' means a project eligible for assistance under section 603(c)(1) for construction of a public owned treatment works that will regularly serve 50,000 or fewer persons. ``(B) Eligible recipient.--The term `eligible recipient' means a municipality or intermunicipal, interstate, or State agency seeking assistance for an eligible project. ``(C) Preloan.--The term `preloan' means financial assistance provided by a State from the State's water pollution control revolving loan fund established under this title for an eligible project before approval of a primary loan for the project. ``(D) Primary loan.--The term `primary loan' means a loan made by a State from the State's water pollution control revolving loan fund under this title for an eligible project after a preloan is made for that project. ``(c) Additional Assistance for Disadvantaged Communities.-- ``(1) Criteria for designation of disadvantaged communities.--The Governor of a State, after providing an opportunity for public review and comment, may establish criteria to designate disadvantaged communities that-- ``(A) have a population of 50,000 persons or fewer; and ``(B) would experience a significant hardship raising the revenue necessary to finance a project eligible for assistance under section 603(c)(1) if assistance is not provided under this subsection. ``(2) Additional assistance.-- ``(A) In general.--In any case in which a State provides loan assistance to a municipality or intermunicipal, interstate, or State agency for a project under section 603(d), the State may provide additional assistance in connection with the loan if the project is to benefit a disadvantaged community identified by the State using the criteria developed under paragraph (1). ``(B) Types of additional assistance.--Additional assistance under subparagraph (A) shall consist of-- ``(i) forgiveness of all or a portion of the principal of the loan; ``(ii) not requiring or reducing interest to be paid in connection with the loan; ``(iii) extending the loan repayment period to not to exceed 30 years; or ``(iv) any combination thereof.''. SEC. 3. APPLICATION PROCESS REFORM. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall-- (1) consult with States, utilities, nonprofit organizations, and other Federal agencies providing finance assistance to identify ways to expedite and improve the application and review process for obtaining financing from a State water pollution control revolving loan fund under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.); and (2) take such administrative actions as the Administrator determines appropriate to expedite and improve the process. (b) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to Congress a report that contains recommendations to further expedite and improve the application and review process referred to in subsection (a)(1), including recommendations for any legislative actions that may be needed.

Small and Rural Communities Wastewater Infrastructure Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to allocate at least 5%, 10%, or 15% of funds received by a state in capitalization grants to provide assistance to publicly owned treatment works that serve populations of 5,000 or fewer persons, 5,001 to 20,000 persons, or 20,001 to 50,000 persons, respectively. Authorizes a state to use funds received in capitalization grants for making preloans (financial assistance from the state's water pollution control revolving loan fund) to municipalities or intermunicipal, interstate, or state agencies for costs incurred in connection with project development, environmental studies, legal and administrative expenses, and project design for construction of a public owned treatment works that will regularly serve 50,000 or fewer persons. Prohibits a preloan from being used for costs related to land acquisition. Authorizes a state agency to provide additional assistance in connection with a state water pollution control revolving loan if a project is to benefit a disadvantaged community with a population of 50,000 persons or fewer by: (1) forgiving all or a portion of the principal of the loan; (2) not requiring or reducing interest to be paid in connection with the loan; and (3) extending the loan repayment period to not to exceed 30 years. Requires the Administrator of the Environmental Protection Agency (EPA) to identify, implement, and make further recommendations regarding ways to expedite and improve the application and review process for obtaining financing from a state water pollution control revolving loan fund.

{"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to authorize additional assistance for projects to construct publicly owned treatment works that serve small and disadvantaged communities, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Conservation Incentive Act of 2004''. SEC. 2. FINDINGS. The Congress finds that-- (1) a severe to extreme drought affected approximately 15 percent of the contiguous United States as of the end of April 2004, (2) about 32 percent of the contiguous United States fell in the moderate to extreme drought categories at the end of April 2004, (3) the Colorado River system is facing the worst drought on record, (4) the drought throughout the western United States could persist for up to another 30 years, (5) growing populations and changing values have increased demands on water supplies and river systems, resulting in water use and management conflicts throughout the country, particularly in the West, where the population is expected to increase at least 30 percent in the next 20-25 years, and (6) unless highly efficient water usage practices can be developed and maintained in the West, it will not be possible to provide the water needed to sustain western ecosystems, as well as population growth. SEC. 3. REFUNDABLE CREDIT FOR RESIDENTIAL WATER CONSERVATION. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. RESIDENTIAL WATER CONSERVATION. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified water conservation expenditures made by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) for a taxable year shall not exceed $1,000. ``(2) Minimum expenditures.--If the aggregate qualified water conservation expenditures made by the taxpayer during a taxable year is less than $50, the amount allowed as a credit under subsection (a) for the taxable year shall be zero. ``(3) Property standards.--No credit shall be allowed under this section for an item of property unless-- ``(A) the original use of such property commences with the taxpayer, ``(B) such property reasonably can be expected to remain in use for at least 5 years, and ``(C) such property is installed on or in connection with a dwelling unit located in the United States and used as the principal residence (within the meaning of section 121) of the taxpayer. ``(c) Qualified Water Conservation Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified water conservation expenditure' means the amount paid for qualified water conservation property. ``(2) Qualified water conservation property.--The term `qualified water conservation property' means-- ``(A) smart dual or multi program irrigation clock that allows the watering of plant and grass areas separately and which is capable of adjusting the watering schedule based on the watering needs of the landscape being watered, ``(B) water efficient landscaping, including-- ``(i) xeriscape (which is low-water use native and non-native plants and grasses), and ``(ii) artificial turf, ``(C) low-flow shower heads that use no more than 3 gallons of water per minute, ``(D) ultra low-flush toilets that use no more than 1.6 gallons of water per flush, ``(E) dual flush toilets that allow the consumer to select either a short flush of 0.80 gallons of water or a long flush of 1.6 gallons of water, ``(F) drip irrigation, ``(G) high-efficiency clothes washing machine, and ``(H) any other property of a type specified by the Secretary. ``(3) Limitation on types of property specified by secretary.--The Secretary may only specify a type of property for purposes of paragraph (2)(H) if-- ``(A) the principal use of such property is to reduce the amount of water consumed in any existing residential process, ``(B) such property or the use of such property is not harmful to persons or the environment and does not induce the use of any other item which may be hazardous to persons or the environment, and ``(C) the Secretary determines that the credit allowed under subsection (a) with respect to such property, together with any other Federal subsidy of such property, is not superfluous and inefficient. ``(d) Special Rules.--For purposes of this section-- ``(1) Dollar amounts in case of joint occupancy.--In the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following rules shall apply: ``(A) The amount of the credit allowable under subsection (a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable, with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made the individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. ``(5) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(6) Property financed by subsidized energy financing.-- For purposes of determining the amount of expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)). ``(e) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 36(e), in the case of amounts with respect to which a credit has been allowed under section 36.''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting after the item relating to section 35 the following new items: ``Sec. 36. Residential water conservation. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2003. SEC. 4. CREDIT FOR WATER CONSERVATION. (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. 45G. COMMERCIAL WATER CONSERVATION CREDIT. ``(a) In General.--For purposes of section 38, in the case of a small employer, the credit determined under this section for the taxable year is an amount equal to 10 percent of the aggregate adjusted bases of all qualified water conservation property installed in or in connection with the principal place of business (within the meaning of section 280A(c)(1)) of the taxpayer located in the United States. ``(b) Definitions.--For purposes of this section-- ``(1) Small employer.-- ``(A) In general.--The term `small employer' means, with respect to any taxable year, any employer if such employer employed an average of 100 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding taxable year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current taxable year. ``(C) Special rules.-- ``(i) Controlled groups.--For purposes of this paragraph, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. ``(ii) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. ``(2) Qualified water conservation property.--The term `qualified water conservation property' has the meaning given to such term by section 36(c)(2). ``(c) Special Rules.--For purposes of this section-- ``(1) In general.--Rules similar to the rules of section 36(d) (other than paragraph (4) thereof) shall apply for purposes of this section. ``(2) Coordination with certain credits.-- ``(A) The basis of any property referred to in subsection (a) shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)). ``(B) Expenditures taken into account under section 47 or 48(a) shall not be taken into account under this section. ``(3) Denial of double benefit.--No deduction or credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(4) Election not to claim credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. ``(d) Basis Adjustment.--For purposes of this subtitle, 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 determined.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code (relating to current year 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 new paragraph: ``(16) the commercial water conservation credit determined under section 45G(a).''. (c) Basis Adjustment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 45G(d), in the case of amounts with respect to which a credit has been allowed under section 45G.''. (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended to read as follows: ``(d) No Carryback of Commercial Water Conservation Credit Before January 1, 2004.--No portion of the unused business credit for any taxable year which is attributable to the commercial water conservation credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004.''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``45G. Commercial water conservation credit.''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2003.

Water Conservation Incentive Act of 2004 - Amends the Internal Revenue Code to allow a refundable tax credit for the cost of qualified water conservation property installed in a principal residence and which has a useful life of at least five years. Defines "qualified water conservation property" to include smart dual or multi program irrigation clocks, low-flow shower heads, ultra low-flush toilets, and high-efficiency clothes washing machines. Limits the amount of such credit to $1,000 for a taxable year. Allows certain small business employers (100 or fewer employees) a business tax credit for ten percent of the cost of qualified water conservation property installed in or in connection with such employer's principal place of business.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide incentives for the conservation of water."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Federal Tax Equity Act''. SEC. 2. EXEMPTION FROM TAX FOR INDIVIDUALS WHO ARE RESIDENTS OF THE DISTRICT OF COLUMBIA. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. RESIDENTS OF THE DISTRICT OF COLUMBIA. ``(a) Residents For Entire Taxable Year.--An individual who is a bona fide resident of the District of Columbia during the entire taxable year shall be exempt from taxation under this chapter for such taxable year. ``(b) Taxable Year of Change of Residence From District of Columbia.-- ``(1) In general.--In the case of an individual who has been a bona fide resident of the District of Columbia for a period of at least 2 years before the date on which such individual changes his residence from the District of Columbia, income which is attributable to that part of such period of District of Columbia residence before such date shall not be included in gross income and shall be exempt from taxation under this chapter. ``(2) Deductions, etc. allocable to excluded amounts not allowable.--An individual shall not be allowed-- ``(A) as a deduction from gross income any deductions (other than the deduction under section 151, relating to personal exemptions), or ``(B) any credit, properly allocable or chargeable against amounts excluded from gross income under this subsection. ``(c) Determination of Residency.--For purposes of this section, the determination of whether an individual is a bona fide resident of the District of Columbia shall be made under regulations prescribed by the Secretary.'' (b) No Wage Withholding.--Paragraph (8) of section 3401(a) of such Code is amended by adding at the end the following new subparagraph: ``(E) for services for an employer performed by an employee if it is reasonable to believe that during the entire calendar year the employee will be a bona fide resident of the District of Columbia; or''. (c) Clerical Amendment.--The table of sections for such part III is amended by striking the last item and inserting the following new item: ``Sec. 137. Residents of the District of Columbia. ``Sec. 138. Cross references to other Acts.'' (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Withholding.--The amendment made by subsection (b) shall apply to remuneration paid after the date of the enactment of this Act. SEC. 3. LIMITATION ON ESTATE AND GIFT TAXES. (a) Estate Tax.-- (1) Subchapter C of chapter 11 of the Internal Revenue Code of 1986 (relating to estate tax) is amended by adding at the end the following new section: ``SEC. 2210. RESIDENTS OF THE DISTRICT OF COLUMBIA. ``For purposes of this chapter, in the case of the estate of a decedent who is a bona fide resident of the District of Columbia at the time of his death-- ``(1) the transfer of such an estate shall be subject to tax under this subchapter (and not subchapter A) as if the decedent were an individual to whom this subchapter applies, and ``(2) the value of the gross estate shall not include tangible property located inside the District of Columbia.'' (2) The table of sections for such subchapter C is amended by adding at the end the following new item: ``Sec. 2210. Residents of the District of Columbia.'' (b) Gift Tax.--Section 2501 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Residents of the District of Columbia.--For purposes of this chapter, a bona fide resident of the District of Columbia shall be treated in the same manner as individuals meeting the requirements of subsection (c).'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after the date of the enactment of this Act. SEC. 4. CREDIT FOR BUSINESSES OPERATED IN THE DISTRICT OF COLUMBIA. (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. 45C. DISTRICT OF COLUMBIA BUSINESS CREDIT. ``(a) Allowance of Credit.--The District of Columbia business credit determined under this section is an amount equal to the portion of the tax imposed by this chapter which is attributable to the sum of-- ``(1) the taxable income from-- ``(A) the active conduct of a trade or business within the District of Columbia, or ``(B) the sale or exchange of substantially all of the assets used by the taxpayer in the active conduct of such trade or business, and ``(2) the qualified District of Columbia source investment income. ``(b) Qualified District of Columbia Source Investment Income.--For purposes of this section, the term `qualified District of Columbia source investment income' means gross income which-- ``(1) is from sources within the District of Columbia, and ``(2) the taxpayer establishes to the satisfaction of the Secretary is attributable to the investment in the District of Columbia (for use therein) of funds derived from the active conduct of a trade or business in the District of Columbia, or from such investment, less the deductions properly apportioned or allocated thereto.'' (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(12) the District of Columbia business credit determined under section 45C(a).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. STUDY OF FEDERAL REVENUES IN DISTRICT OF COLUMBIA. (a) Effects of Amendments.--The Mayor of the District of Columbia shall conduct a study on the effects of the amendments made by this Act on revenues of the District of Columbia. (b) General Effects of Federal Revenues.--The Mayor of the District of Columbia (in consultation with the Secretary of the Treasury) shall conduct a study of the extent to which the revenues of the District of Columbia are affected by Federal revenues, including revenues attributable to direct Federal payments to the District of Columbia, other Federal Government spending in the District of Columbia, and income of District of Columbia residents which is attributable to Federal sources, and shall include in the study-- (1) an estimate of the percentage of the revenues of the District of Columbia which is attributable to such Federal revenues; (2) recommendations for revisions in Federal law (including the Internal Revenue Code of 1986 and the District of Columbia Self-Government and Governmental Reorganization Act) in addition to the amendments made by this Act which will increase District of Columbia revenues attributable to such Federal revenues and other District of Columbia revenues; and (3) such other recommendations as the Mayor considers appropriate. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Mayor of the District of Columbia shall submit a report to Congress on the studies conducted under this section.

District of Columbia Federal Tax Equity Act - Amends the Internal Revenue Code to exempt residents of the District of Columbia from Federal income tax. Exempts District residents from wage withholding requirements and limits the application of estate and gift taxes on such residents. Allows a general business credit for businesses operating in the District of Columbia. Directs the Mayor of the District of Columbia to report to the Congress on studies on: (1) the effects of this Act on District revenues; and (2) the extent to which the revenues of the District are affected by Federal revenues.

{"src": "billsum_train", "title": "District of Columbia Federal Tax Equity Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deposit Insurance Fairness and Economic Opportunity Act''. SEC. 2. USE OF EXCESS DEPOSIT FUND RESERVES TO PAY FICO INTEREST OBLIGATIONS AND MAKE REBATES. (a) In General.--Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2)) is amended-- (1) by inserting after subparagraph (C) the following new subparagraph: ``(D) Use of excess deposit insurance funds initially to pay fico interest obligations and then for other purposes.--Notwithstanding subsection (e)(2), beginning January 1, 2002, and annually thereafter, the Board of Directors shall, when amounts in both the Bank Insurance Fund and the Savings Association Insurance Fund, respectively, exceed the amount which is equal to 1.40 percent of the estimated insured deposits insured by such Fund (or such higher percentage as may have been established as the designated reserve ratio for the respective Fund pursuant to subparagraph (A)(iv)(II)) transfer from such Funds the amounts in excess of the amount that is equal to that percentage of estimated insured deposits as follows: ``(i) Years 2002 through 2017.--In years 2002 through 2017, to the Financing Corporation in such amount as is necessary to pay, for such year, the interest payments, issuance costs, and custodial fees described in section 21(f) of the Federal Home Loan Bank Act with regard to obligations issued by the Financing Corporation. ``(ii) Years after 2017.--In years beginning after December 31, 2017-- ``(I) to the Financing Corporation for the purposes described in clause (i); and ``(II) if the amount required to be transferred under this subparagraph exceeds the amount required by the Financing Corporation for the purposes described in clause (i), to insured depository institutions, the allocation of which to be made on such basis as the Board of Directors determines to be appropriate, taking into account the factors considered under the risk-based assessment system.''; and (2) by adding at the end the following new subparagraph: ``(I) Payment limitation for certain institutions.--No amount may be paid under subparagraph (D)(ii)(II) to any insured depository institution described in clause (v) of subsection (b)(2)(A).''. (b) Technical and Conforming Amendments.-- (1) Section 21(f) of the Federal Home Loan Bank Act (12 U.S.C. 1441) is amended-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by inserting after paragraph (1) the following new paragraph: ``(2) Excess deposit insurance fund balances.--In addition to the amounts obtained pursuant to paragraph (1), the Financing Corporation shall have available the amounts transferred by the Board of Directors of the Federal Deposit Insurance Corporation pursuant to section 7(b)(2)(D) of the Federal Deposit Insurance Act.''; (C) in paragraph (3) (as so redesignated by paragraph (2) of this subsection), by striking ``In addition to the amounts obtained pursuant to paragraph (1),'' and inserting ``To the extent the amounts available under paragraphs (1) and (2) are insufficient to cover the amount of interest payments, issuance costs, and custodial fees,''; and (D) in paragraph (4) (as so redesignated by paragraph (2) of this subsection), by striking ``(1) and (2)'' and inserting ``(1), (2), and (3)''. (2) Section 2703(c)(2) of the Deposit Insurance Funds Act of 1996 (12 U.S.C. 1441 nt.) is amended-- (A) by striking ``21(f)(2)'' and inserting ``21(f)(3)''; and (B) by inserting ``and redesignated by section 2(b)(1)(A) of the Deposit Insurance Fairness and Economic Opportunity Act'' after ``as amended by subsection (a)''.

Deposit Insurance Fairness and Economic Opportunity Act - Amends the Federal Deposit Insurance Act to set forth a schedule under which the Board of Directors of the Federal Deposit Insurance Corporation shall transfer annually to the Financing Corporation (FICO), for payment of FICO interest obligations, such amounts as exceed 1.40 percent of the total estimated deposits insured by the Bank Insurance Fund and the Savings Association Insurance Fund, respectively, when amounts in both Funds exceed that percentage.

{"src": "billsum_train", "title": "To amend the Federal Deposit Insurance Act and the Federal Home Loan Bank Act to provide for the payment of Financing Corporation interest obligations from balances in the deposit insurance funds in excess of an established ratio and, after such obligations are satisfied, to provide for rebates to insured depository institutions of such excess reserves."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless 411 Privacy Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are roughly 150 million wireless subscribers in the United States, up from approximately 15 million subscribers just a decade ago. (2) Wireless phone service has proven valuable to millions of Americans because of its mobility, and the fact that government policies have expanded opportunities for new carriers to enter the market, offering more choices and ever lower prices for consumers. (3) In addition to the benefits of competition and mobility, subscribers also benefit from the fact that wireless phone numbers have not been publicly available. (4) Up until now, the privacy of wireless subscribers has been safeguarded and thus vastly diminished the likelihood of subscribers receiving unwanted or annoying phone call interruptions on their wireless phones. (5) Moreover, because their wireless contact information, such as their phone number, have never been publicly available in any published directory or from any directory assistance service, subscribers have come to expect that if their phone rings it's likely to be a call from someone to whom they have personally given their number. (6) The wireless industry is poised to begin implementing a directory assistance service so that callers can reach wireless subscribers, including subscribers who have not given such callers their wireless phone number. (7) While some wireless subscribers may find such directory assistance service useful, current subscribers deserve the right to choose whether they want to participate in such a directory. (8) Because wireless users are typically charged for incoming calls, consumers must be afforded the ability to maintain the maximum amount of control over how many calls they may expect to receive and, in particular, control over the disclosure of their wireless phone number. (9) Current wireless subscribers who elect to participate, or new wireless subscribers who decline to be listed, in any new wireless directory assistance service directory, including those subscribers who also elect not to receive forwarded calls from any wireless directory assistance service, should not be charged for exercising such rights. (10) The marketplace has not yet adequately explained an effective plan to protect consumer privacy rights. (11) Congress previously acted to protect the wireless location information of subscribers by enacting prohibitions on the disclosure of such sensitive in formation without the express prior authorization of the subscriber. (12) The public interest would be served by similarly enacting effective and industry-wide privacy protections for consumers with respect to wireless directory assistance service. SEC. 3. CONSUMER CONTROL OF WIRELESS PHONE NUMBERS. Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraphs: ``(9) Wireless consumer privacy protection.-- ``(A) Current subscribers.--A provider of commercial mobile services, or any direct or indirect affiliate or agent of such a provider, may not include the wireless telephone number information of any current subscriber in any wireless directory assistance service database unless-- ``(i) the mobile service provider provides a conspicuous, separate notice to the subscriber informing the subscriber of the right not to be listed in any wireless directory assistance service; and ``(ii) the mobile service provider obtains express prior authorization for listing from such subscriber, separate from any authorization obtained to provide such subscriber with commercial mobile service, or any calling plan or service associated with such commercial mobile service, and such authorization has not been subsequently withdrawn. ``(B) New subscribers.--A provider of commercial mobile services, or any direct or indirect affiliate or agent of such a provider, may include the wireless telephone number information of any new subscriber in a wireless directory assistance service database only if the commercial mobile service provider-- ``(i) provides a conspicuous, separate notice to the subscriber, at the time of entering into an agreement to provide commercial mobile service, and at least once a year thereafter, informing the subscriber of the right not to be listed in any wireless directory assistance service database; and ``(ii) provides the subscriber with convenient mechanisms by which the subscriber may decline or refuse to participate in such database, including mechanisms at the time of entering into an agreement to provide commercial mobile service, in the billing of such service, and when receiving any connected call from a wireless directory assistance service. ``(C) Call forwarding.--A provider of commercial mobile services, or any direct or indirect affiliate or agent of such provider, may connect a calling party from a wireless directory assistance service to a commercial mobile service subscriber only if-- ``(i) such subscriber is provided prior notice of the calling party's identity and is permitted to accept or reject the incoming call on a per-call basis; ``(ii) such subscriber's wireless telephone number information is not disclosed to the calling party; and ``(iii) such subscriber is not an unlisted commercial mobile service subscriber. ``(D) Publication of directories prohibited.--A provider of commercial mobile services, or any direct or indirect affiliate or agent of such a provider, may not publish, in printed, electronic, or other form, the contents of any wireless directory assistance service database, or any portion or segment thereof. ``(E) No consumer fee for retaining privacy.--A provider of commercial mobile services may not charge any subscriber for exercising any of the rights under this paragraph. ``(F) Definitions.--For purposes of this paragraph-- ``(i) the term `current subscriber' means any subscriber to commercial mobile service as of the date when a wireless directory assistance service is implemented by a provider of commercial mobile service; ``(ii) the term `new subscriber' means any subscriber to commercial mobile service who becomes a subscriber after the date when a wireless directory assistance service is implemented by a provider of commercial mobile service, and includes any subscriber of a different provider of commercial mobile service who subsequently switches to a new provider of commercial mobile service; ``(iii) the term `wireless telephone number information' means the telephone number, electronic address, and any other identifying information by which a calling party may reach a subscriber to commercial mobile services, and which is assigned by a commercial mobile service provider to such subscriber, and includes such subscriber's name and address; ``(iv) the term `wireless directory assistance service' means any service for connecting calling parties to a subscriber of commercial mobile service when such calling parties themselves do not possess such subscriber's wireless telephone number information; and ``(v) the term `calling party's identity' means the telephone number of the calling party or the name of subscriber to such telephone, or an oral or text message which provides sufficient information to enable a commercial mobile services subscriber to determine who is calling; ``(vi) the term `unlisted commercial mobile services subscriber' means-- ``(I) a current subscriber to commercial mobile services who has not provided express prior consent to a commercial mobile service provider to be included in a wireless directory assistance service database; and ``(II) a new subscriber to commercial mobile service who has exercised the right contained in subparagraph (B)(ii) to decline or refuse to such inclusion.''.

Wireless 411 Privacy Act - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile services, or any affiliate or agent of such provider (provider), from including the wireless telephone number of any current subscriber in any wireless directory assistance service (WDAS) database unless the provider: (1) provides a conspicuous, separate notice to the subscriber of the right not be listed in any WDAS; and (2) obtains express prior listing authorization from such subscriber, and that authorization has not been withdrawn. Allows a provider to include the wireless telephone information of any new subscriber in a WDAS only if the provider provides: (1) a conspicuous, separate notice to the subscriber, at the time of entering into a service agreement and at least once a year thereafter, of the right not to be listed in any WDAS; and (2) the subscriber with convenient mechanisms to decline or refuse to participate in any WDAS. Allows a provider to connect a calling party from a WDAS to a commercial mobile service subscriber only if: (1) the subscriber is provided prior notice of the calling party's identity and is permitted to accept or reject each call; (2) the subscriber's wireless telephone number information is not disclosed to the calling party; and (3) the subscriber is not an unlisted commercial mobile service subscriber. Prohibits a provider from charging a subscriber for the exercise of any rights under this Act.

{"src": "billsum_train", "title": "To amend the Communications Act of 1934 to protect the privacy rights of subscribers to wireless communications services."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Partner Protection Act''. SEC. 2. PROGRAM FOR HIV HEALTH CARE SERVICES; AMENDMENT REGARDING STATE PROGRAMS OF PARTNER NOTIFICATION. Subpart I of part B of title XXVI of the Public Health Service Act (42 U.S.C. 300ff-21 et seq.) is amended by inserting after section 2616 the following section: ``SEC. 2616A. PARTNER NOTIFICATION. ``(a) In General.--Subject to subsection (d), for fiscal year 2000 and subsequent fiscal years the Secretary shall not make a grant to a State under this part unless the State demonstrates to the satisfaction of the Secretary that the law or regulations of the State are in accordance with the following: ``(1) The State requires that the public health officer of the State carry out a program of partner notification to inform partners of individuals with HIV disease that the partners may have been exposed to the disease. ``(2) In the case of a health entity that provides for the performance on an individual of a test for HIV disease, the State requires that the entity confidentially report positive test results to the State public health officer, including the name of the individual, together with any additional information necessary for carrying out such program. ``(3) The program is carried out in accordance with the following: ``(A) Partners are provided with an appropriate opportunity to learn that the partners have been exposed to HIV disease, subject to subparagraph (B). ``(B) The State does not inform partners of the identity of the infected individuals involved. ``(C) Counseling and testing on HIV disease are made available to the partners and to infected individuals, and such counseling includes information on modes of transmission for the disease, including information on prenatal and perinatal transmission and preventing transmission. ``(D) Counseling for infected individuals includes the provision of information regarding therapeutic measures for preventing and treating the deterioration of the immune system and conditions arising from the disease, and providing other prevention information. ``(E) Referrals for appropriate services are provided to partners and infected individuals. ``(F) Notifications under subparagraph (A) are provided in person, unless doing so is an unreasonable burden on the State. ``(G) There is no criminal or civil penalty on, or civil liability for, an infected individual if the individual chooses not to identify the partners of the individual, or if the individual does not otherwise cooperate with such program. ``(H) There is no criminal or civil penalty on, or civil liability for, a person who in good faith makes errors in submitting reports or making disclosures under such program. ``(I) The failure of the State to notify partners is not a basis for the civil liability of any health entity who under the program reported to the State the identity of the infected individual involved. ``(J) The State provides that the provisions of the program may not be construed as prohibiting the State from providing a notification under subparagraph (A) without the consent of the infected individual involved. ``(b) State Insurance Laws With Respect to Undergoing Testing.-- ``(1) In general.--Subject to subsection (d), for fiscal year 2000 and subsequent fiscal years the Secretary shall not make a grant to a State under this part unless the State demonstrates to the satisfaction of the Secretary that, with respect to an individual who learns that the individual has been exposed to HIV disease and then undergoes testing for such disease, State insurance laws prohibit an insurer from taking any action against the individual solely on the basis that the individual has been tested for the disease. ``(2) Rule of construction.--A statute or regulation shall be deemed to regulate insurance for purposes of paragraph (1) only to the extent that such statute or regulation is treated as regulating insurance for purposes of section 514(b)(2) of the Employee Retirement Income Security Act of 1974. ``(c) Definitions.--For purposes of this section: ``(1) The term `infected individual' means an individual with HIV disease. ``(2) The term `partner' includes the spouses or other sexual partners of infected individuals; the partners of such individuals in the sharing of hypodermic needles for the intravenous injection of drugs; the partners of such individuals in the sharing of any drug-related paraphernalia determined by the Secretary to place such partners at risk of HIV disease; and any other individual whom the infected individual exposed to HIV disease. ``(d) Delayed Applicability for Certain States.--In the case of a State whose legislature does not convene a regular session in fiscal year 1999, and in the case of a State whose legislature does not convene a regular session in fiscal year 2000, the requirements described in subsections (a) and (b) as a condition of the receipt of a grant under this part applies only for fiscal year 2001 and subsequent fiscal years.''. SEC. 3. GRANTS TO STATES TO ASSIST WITH COSTS OF REQUIRED LAW. (a) In General.--The Secretary of Health and Human Services may make grants to States to assist the States with the costs of carrying out the program of partner notification with respect to the human immunodeficiency virus that is required in section 2616A of the Public Health Service Act (as added by section 2 of this Act). (b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there is authorized to be appropriated $10,000,000 for each of the fiscal years 2000 through 2004.

HIV Partner Protection Act - Amends the Public Health Service Act to prohibit a grant to a State under provisions relating to human immunodeficiency virus (HIV) care grants unless the State: (1) carries out a program of notification of sex or needle sharing partners of individuals with HIV disease that the partners may have been exposed; (2) requires HIV testing entities to confidentially report positive test results, including the individual's name, to the State; (3) does not inform partners of the infected individual's identity; (4) meets certain counseling, testing, and referral requirements; (5) there is no criminal or civil penalty or civil liability for an infected individual if the individual chooses not to identify their partners or for an individual who makes a good faith error in submitting reports or making disclosures; and (6) the failure of the State to notify partners is not a basis for civil liability of any health entity who reported to the State the identity of the infected individual. Prohibits such a grant unless a State prohibits insurers from taking any action against an individual solely on the basis that the individual has been tested for HIV disease. Authorizes grants to States to assist with the costs of carrying out the program. Authorizes appropriations.

{"src": "billsum_train", "title": "HIV Partner Protection Act"}

SECTION 1. TRAFFICKING IN COUNTERFEIT MARKS. (a) Short Title; Findings.-- (1) Short title.--This section may be cited as the ``Stop Counterfeiting in Manufactured Goods Act''. (2) Findings.--The Congress finds that-- (A) the United States economy is losing millions of dollars in tax revenue and tens of thousands of jobs because of the manufacture, distribution, and sale of counterfeit goods; (B) the Bureau of Customs and Border Protection estimates that counterfeiting costs the United States $200 billion annually; (C) counterfeit automobile parts, including brake pads, cost the auto industry alone billions of dollars in lost sales each year; (D) counterfeit products have invaded numerous industries, including those producing auto parts, electrical appliances, medicines, tools, toys, office equipment, clothing, and many other products; (E) ties have been established between counterfeiting and terrorist organizations that use the sale of counterfeit goods to raise and launder money; (F) ongoing counterfeiting of manufactured goods poses a widespread threat to public health and safety; and (G) strong domestic criminal remedies against counterfeiting will permit the United States to seek stronger anticounterfeiting provisions in bilateral and international agreements with trading partners. (b) Trafficking in Counterfeit Marks.--Section 2320 of title 18, United States Code, is amended as follows: (1) Subsection (a) is amended by inserting after ``such goods or services'' the following: ``, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive,''. (2) Subsection (b) is amended to read as follows: ``(b)(1) The following property shall be subject to forfeiture to the United States and no property right shall exist in such property: ``(A) Any article bearing or consisting of a counterfeit mark used in committing a violation of subsection (a). ``(B) Any property used, in any manner or part, to commit or to facilitate the commission of a violation of subsection (a). ``(2) The provisions of chapter 46 of this title relating to civil forfeitures, including section 983 of this title, shall extend to any seizure or civil forfeiture under this section. At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by an agency of the United States, shall order that any forfeited article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law. ``(3)(A) The court, in imposing sentence on a person convicted of an offense under this section, shall order, in addition to any other sentence imposed, that the person forfeit to the United States-- ``(i) any property constituting or derived from any proceeds the person obtained, directly or indirectly, as the result of the offense; ``(ii) any of the person's property used, or intended to be used, in any manner or part, to commit, facilitate, aid, or abet the commission of the offense; and ``(iii) any article that bears or consists of a counterfeit mark used in committing the offense. ``(B) The forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section. Notwithstanding section 413(h) of that Act, at the conclusion of the forfeiture proceedings, the court shall order that any forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed. ``(4) When a person is convicted of an offense under this section, the court, pursuant to sections 3556, 3663A, and 3664, shall order the person to pay restitution to the owner of the mark and any other victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii). ``(5) The term `victim', as used in paragraph (4), has the meaning given that term in section 3663A(a)(2).''. (3) Subsection (e)(1) is amended-- (A) by striking subparagraph (A) and inserting the following: ``(A) a spurious mark-- ``(i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature; ``(ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered; ``(iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and ``(iv) the use of which is likely to cause confusion, to cause mistake, or to deceive; or''; and (B) by amending the matter following subparagraph (B) to read as follows: ``but such term does not include any mark or designation used in connection with goods or services, or a mark or designation applied to labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature used in connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.''. (4) Section 2320 is further amended-- (A) by redesignating subsection (f) as subsection (g); and (B) by inserting after subsection (e) the following: ``(f) Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse.''. (c) Sentencing Guidelines.-- (1) Review and amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this subsection, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 2318 or 2320 of title 18, United States Code. (2) Authorization.--The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. (3) Responsibilities of united states sentencing commission.-- In carrying out this subsection, the United States Sentencing Commission shall determine whether the definition of ``infringement amount'' set forth in application note 2 of section 2B5.3 of the Federal sentencing guidelines is adequate to address situations in which the defendant has been convicted of one of the offenses listed in paragraph (1) and the item in which the defendant trafficked was not an infringing item but rather was intended to facilitate infringement, such as an anti-circumvention device, or the item in which the defendant trafficked was infringing and also was intended to facilitate infringement in another good or service, such as a counterfeit label, documentation, or packaging, taking into account cases such as U.S. v. Sung, 87 F.3d 194 (7th Cir. 1996). SEC. 2. TRAFFICKING DEFINED. (a) Short Title.--This section may be cited as the ``Protecting American Goods and Services Act of 2005''. (b) Counterfeit Goods or Services.--Section 2320(e) of title 18, United States Code, is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) the term `traffic' means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of;''; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) the term `financial gain' includes the receipt, or expected receipt, of anything of value; and''. (c) Conforming Amendments.-- (1) Sound recordings and music videos of live musical performances.--Section 2319A(e) of title 18, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) the term `traffic' has the same meaning as in section 2320(e) of this title.''. (2) Counterfeit labels for phonorecords, computer programs, etc.--Section 2318(b) of title 18, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) the term `traffic' has the same meaning as in section 2320(e) of this title;''. (3) Anti-bootlegging.--Section 1101 of title 17, United States Code, is amended by striking subsection (b) and inserting the following: ``(b) Definition.--In this section, the term `traffic' has the same meaning as in section 2320(e) of title 18.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

This measure has not been amended since it was passed by the Senate on February 15, 2006. The summary of that version is repeated here. Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive. Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim. Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive. Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution for the repackaging of genuine goods or services not intended to deceive or confuse. Directs the U.S. Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of "infringement amount." Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of "traffic" for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.

{"src": "billsum_train", "title": "To amend title 18, United States Code, to provide criminal penalties for trafficking in counterfeit marks."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Border area.--The term ``border area'' has the meaning given the term ``United States-Mexico Border Area'' in section 8 of the United States-Mexico Border Health Commission Act (22 U.S.C. 290n-6). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. BORDER HEALTH GRANTS. (a) Eligible Entity Defined.--In this section, the term ``eligible entity'' means a State, public institution of higher education, local government, tribal government, nonprofit health organization, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the border area. (b) Authorization.--From funds appropriated under subsection (f), the Secretary, acting through the United States members of the United States-Mexico Border Health Commission, shall award grants to eligible entities to address priorities and recommendations to improve the health of border area residents that are established by-- (1) the United States members of the United States-Mexico Border Health Commission; (2) the State border health offices; and (3) the Secretary. (c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for-- (1) programs relating to-- (A) maternal and child health; (B) primary care and preventative health; (C) public health and public health infrastructure; (D) health promotion; (E) oral health; (F) behavioral and mental health; (G) substance abuse; (H) health conditions that have a high prevalence in the border area; (I) medical and health services research; (J) workforce training and development; (K) community health workers or promotoras; (L) health care infrastructure problems in the border area (including planning and construction grants); (M) health disparities in the border area; (N) environmental health; (O) health education; and (P) outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 and 1397aa)); and (2) other programs determined appropriate by the Secretary. (e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2007 and each succeeding fiscal year. SEC. 4. BORDER BIOTERRORISM PREPAREDNESS GRANTS. (a) Eligible Entity Defined.--In this section, the term ``eligible entity'' means a State, local government, tribal government, or public health entity. (b) Authorization.--From funds appropriated under subsection (e), the Secretary shall award grants to eligible entities for bioterrorism preparedness in the border area. (c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds to, in coordination with State and local bioterrorism programs-- (1) develop and implement bioterror preparedness plans and readiness assessments and purchase items necessary for such plans; (2) coordinate bioterrorism and emergency preparedness planning in the region; (3) improve infrastructure, including syndrome surveillance and laboratory capacity; (4) create a health alert network, including risk communication and information dissemination; (5) educate and train clinicians, epidemiologists, laboratories, and emergency personnel; and (6) carry out such other activities identified by the Secretary, the United States-Mexico Border Health Commission, State and local public health offices, and border health offices. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2007 and such sums as may be necessary for each succeeding fiscal year. SEC. 5. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended by adding at the end the following: ``SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $10,000,000 for fiscal year 2007 and such sums as may be necessary for each succeeding fiscal year.''. SEC. 6. COORDINATION OF HEALTH SERVICES AND SURVEILLANCE. The Secretary may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and (2) is alerted to signs of health threats or bioterrorism along the border area. SEC. 7. BINATIONAL PUBLIC HEALTH INFRASTRUCTURE AND HEALTH INSURANCE. (a) In General.--The Secretary of Health and Human Services shall enter into a contract with the Institute of Medicine for the conduct of a study concerning binational public health infrastructure and health insurance efforts. In conducting such study, the Institute shall solicit input from border health experts and health insurance issuers. (b) Report.--Not later than 1 year after the date on which the Secretary of Health and Human Services enters into the contract under subsection (a), the Institute of Medicine shall submit to the Secretary and the appropriate committees of Congress a report concerning the study conducted under such contract. Such report shall include the recommendations of the Institute on ways to expand or improve binational public health infrastructure and health insurance efforts. SEC. 8. PROVISION OF RECOMMENDATIONS AND ADVICE TO CONGRESS. Section 5 of the United States-Mexico Border Health Commission Act (22 U.S.C. 290n-3) is amended by adding at the end the following: ``(d) Providing Advice and Recommendations to Congress.--A member of the Commission, or an individual who is on the staff of the Commission, may at any time provide advice or recommendations to Congress concerning issues that are considered by the Commission. Such advice or recommendations may be provided whether or not a request for such is made by a member of Congress and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or any other Federal official.''.

Border Health Security Act of 2006 - Requires the Secretary of Health and Human Services (the Secretary), acting through the U.S. members of the United States-Mexico Border Health Commission, to award grants to improve border residents' health. Requires the Secretary to award grants to states, local or tribal governments, or public health entities for bioterrorism preparedness in the border area. Authorizes appropriations to carry out the United States-Mexico Border Health Commission Act. Allows the Secretary to coordinate with the Secretary of Homeland Security in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and (2) is alerted to signs of health threats or bioterrorism along the border area. Requires the Secretary to enter into a contract with the Institute of Medicine for the study of binational public health infrastructure and health insurance efforts. Authorizes any member or staff of the Commission to provide advice or recommendations to Congress concerning issues that are considered by the Commission.

{"src": "billsum_train", "title": "To establish grant programs to improve the health of border area residents and for bioterrorism preparedness in the border area, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship and Business Development Act''. SEC. 2. MINORITY ENTREPRENEURSHIP AND BUSINESS ENTREPRISE CENTER GRANT PROGRAM. (a) In General.--The Director may make grants to an eligible educational institution or an eligible association or organization-- (1) to assist in establishing an entrepreneurship curriculum for studies; and (2) for placement of a Minority Business Entreprise Center within the educational institution, association, or organization. (b) Use of Funds.-- (1) Curriculum and capacity training requirement.--An eligible educational institution, association, or organization receiving a grant under this section shall develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs, including-- (A) business management and marketing, financial management and accounting, marketing analysis and competitive analysis, and innovation and strategic planning; and (B) additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution. (2) Minority business enterprise center requirement.--Each eligible educational institution, association or organization receiving a grant under this section shall open a Minority Business Enterprise Center that follows the duties as prescibed by the Director of the Minority Business Development Agency. (c) Grant Awards.-- (1) In general.--The Director may not award a grant under this section to a single eligible educational institution, association or organization-- (A) in excess of $1,500,000 in any fiscal year; or (B) for a term of more than 3 years. (2) Limitation on use of funds.--Funds made available under this section may not be used for-- (A) any purpose other than those associated with the direct costs incurred by the eligible educational institution, association or organization to-- (i) develop and implement the curriculum described in subsection (b)(1); or (ii) organize and operate a minority business enterprise center, as described subsection (b)(2); or (B) building expenses, administrative travel budgets, or other expenses not directly related to the costs described in subparagraph (A). (d) Matching Requirement.--Grants made under this Act shall require a private matching grant of 15 percent. (e) Report.-- (1) In general.--Not later than 120 days following the end of the fiscal year of each year in which funds are made available for grants under this section, the Director shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the success of the program under this section during the preceding fiscal year. (2) Contents of report.--Each report under paragraph (1) shall include-- (A) a description of each entrepreneurship program developed with grant funds, the date of the award, and the number of participants in each such program; (B) the number of small business assisted through the minority business enterprise center with grant funds; and (C) data regarding the economic impact of minority business enterprise center with grant funds. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2010 through 2012, to remain available until expended. (g) Limitation on Use of Funds.--The Director shall carry out this section only with amounts appropriated in advance specifically to carry out this section. SEC. 3. OFFICE OF MINORITY ENTREPRENEURSHIP AND BUSINESS DEVELOPMENT. (a) Office of Minority Entrepreneurship and Business Development.-- There is established in the Minority Business Development Agency an Office of Minority Entrepreneurship and Business Development, which shall be administered by an Associate Director for Minority Entrepreneurship and Business Development appointed under section 3(b)(1) (in this section referred to as the ``Associate Director''). (b) Associate Director for Minority Entrepreneurship and Business Development.--The Associate Director shall-- (1) be-- (A) an appointee in the Senior Executive Service who is a career appointee; or (B) an employee in the competitive service; (2) increase the proportion of counseling and training that goes to minority start-ups and the Agency's entrepreneurial development programs; (3) increase the proportion of the Agency's contracts to minority entrepreneur and new businesses; (4) work with the partners of the Agency, trade associations, and business groups to identify and carry out policies and procedures to more effectively market the resources of the Agency to new and small minority-owned businesses; (5) ensure that the Agency's district offices and regional offices have adequate staff, funding, and other resources to market the grant program to newly formed and emerging minority- owned businesses and eligible institutions of higher education; (6) report to and be responsible directly to the Director. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $7,000,000 for fiscal year 2010; (2) $7,000,000 for fiscal year 2011; and (3) $7,000,000 for fiscal year 2012. SEC. 4. DEFINITIONS. In this Act-- (1) the terms ``Agency'' and ``Director'' mean the Minority Small Business Development Agency and the Director thereof, respectively; (2) the term ``eligible association or organization'' means an association or organization that-- (A) is-- (i) a minority business association described under paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) a foundation of minority business associations described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) has been in existence for at least the 5-year period before the date of awarding a grant under section 2; (3) the term ``eligible educational institution'' means an institution that is-- (A) a public or private institution of higher education (including any land-grant college or university, any college or school of business, engineering, commerce, or agriculture, or community college or junior college) or any entity formed by 2 or more institutions of higher education; and (B) a-- (i) historically Black college; (ii) Hispanic-serving institution; (iii) Asian-serving institution; (iv) Native Hawaiian-serving institution; or (v) tribal college; (4) the term ``historically Black college'' means a part B institution, as that term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (5) the term ``Hispanic-serving institution'' has the meaning given that term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a); (6) the term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (7) the term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); and (8) the term ``tribal college'' has the same meaning as the term ``tribally controlled college or university'' under section 2(a)(4) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(a)(4)).

Minority Entrepreneurship and Business Development Act - Requires the Director of the Minority Small Business Development Agency (Agency) to make grants to an educational institution, association, or organization: (1) to assist in establishing an enterprise curriculum for studies; and (2) for placement of a Minority Business Enterprise Center within such institution, association, or organization. Requires an entity receiving a grant to: (1) develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs; and (2) open such a Center. Limits grants to $1.5 million per fiscal year, and grant duration to three years. Establishes within the Agency an Office of Minority Entrepreneurship and Business Development, administered by an Associate Director.

{"src": "billsum_train", "title": "To establish the Minority Entrepreneurship and Business Development Program, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``ITIN Reform Act of 2014''. SEC. 2. REQUIREMENTS FOR THE ISSUANCE OF ITINS. (a) In General.--Section 6109 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(i) Special Rules Relating to the Issuance of ITINs.-- ``(1) In general.--The Secretary may issue an individual taxpayer identification number to an individual only if the requirements of paragraphs (2) and (3) are met. ``(2) In-person application.--The requirements of this paragraph are met if, with respect to an application for an individual taxpayer identification number-- ``(A) the applicant submits an application in person, using Form W-7 (or any successor thereof) and including the required documentation, at a taxpayer assistance center of the Internal Revenue Service, or ``(B) in the case of an applicant who resides outside of the United States, the applicant submits the application in person to an employee of the Internal Revenue Service or a designee of the Secretary at a United States diplomatic mission or consular post, together with the required documentation. ``(3) Initial on-site verification of documentation.--The requirements of this paragraph are met if, with respect to each application, an employee of the Internal Revenue Service at the taxpayer assistance center, or the employee or designee described in paragraph (2)(B), as the case may be, conducts an initial verification of the documentation supporting the application submitted under paragraph (2). ``(4) Required documentation.--For purposes of this subsection-- ``(A) required documentation includes such documentation as the Secretary may require that proves the individual's identity and foreign status, and ``(B) the Secretary may only accept original documents. ``(5) Exceptions.-- ``(A) Military spouses.--Paragraph (1) shall not apply to the spouse, or the dependents, without a social security number of a taxpayer who is a member of the Armed Forces of the United States. ``(B) Treaty benefits.--Paragraph (1) shall not apply to a nonresident alien applying for an individual taxpayer identification number for the purpose of claiming tax treaty benefits. ``(6) Term.-- ``(A) In general.--An individual taxpayer identification number issued after the date of the enactment of this subsection shall be valid only for the 5-year period which includes the taxable year of the individual for which such number is issued and the 4 succeeding taxable years. ``(B) Renewal of itin.--Such number shall be valid for an additional 5-year period only if it is renewed through an application which satisfies the requirements under paragraphs (2) and (3). ``(C) Special rule for existing itins.--In the case of an individual with an individual taxpayer identification number issued on or before the date of the enactment of this subsection, such number shall not be valid after the earlier of-- ``(i) the end of the 3-year period beginning on the date of the enactment of this subsection, or ``(ii) the first taxable year beginning after-- ``(I) the date of the enactment of this subsection, and ``(II) any taxable year for which the individual (or, if a dependent, on which the individual is included) did not make a return.''. (b) Interest.--Section 6611 of such Code is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Special Rule Relating to ITINs.--Notwithstanding any other provision of this section, no interest shall be allowed or paid to or on behalf of an individual with respect to any overpayment until 45 days after an individual taxpayer identification number is issued to the individual.''. (c) Audit by TIGTA.--Not later than two years after the date of the enactment of this Act, and every two years thereafter, the Treasury Inspector General for Tax Administration shall conduct an audit of the program of the Internal Revenue Service for the issuance of individual taxpayer identification numbers pursuant to section 6109(i) of the Internal Revenue Code of 1986. The report required by this subsection shall be submitted to the Congress. (d) Effective Date.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply to requests for individual taxpayer identification numbers made after the date of the enactment of this Act. (2) Subsection (b).--The amendment made by subsection (b) shall apply to returns due, claims filed, and refunds paid after the date of the enactment of this Act.

ITIN Reform Act of 2014 - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to issue an individual taxpayer identification number (ITIN) to an individual only if such individual: (1) submits an application for an ITIN in person at an Internal Revenue Service (IRS) taxpayer assistance center with required documentation, or (2) submits an application in person outside of the United States to an IRS employee or a designee of the Secretary at a U.S. diplomatic mission or consular post with required documentation. Exempts from such requirements: (1) the spouse, or the dependents, without a social security number of a taxpayer who is a member of the U.S. Armed Forces, and (2) nonresident aliens claiming tax treaty benefits. Requires the Inspector General of the Department of the Treasury for Tax Administration to audit, on a biennial basis, the IRS program for issuance of ITINs pursuant to this Act and report to Congress on such audit.

{"src": "billsum_train", "title": "ITIN Reform Act of 2014"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Deduction Fairness Act of 1999''. SEC. 2. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES IN LIEU OF STATE AND LOCAL INCOME TAXES. (a) In General.--Subsection (b) of section 164 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end thereof the following new paragraph: ``(5) General sales taxes.--For purposes of subsection (a)-- ``(A) Election to deduct state and local sales taxes in lieu of state and local income taxes.-- ``(i) In general.--At the election of the taxpayer for the taxable year, subsection (a) shall be applied-- ``(I) without regard to the reference to State and local income taxes, ``(II) as if State and local general sales taxes were referred to in a paragraph thereof, and ``(III) without regard to the last sentence. ``(B) Definition of general sales tax.--The term `general sales tax' means a tax imposed at one rate in respect of the sale at retail of a broad range of classes of items. ``(C) Special rules for food, etc.--In the case of items of food, clothing, medical supplies, and motor vehicles-- ``(i) the fact that the tax does not apply in respect of some or all of such items shall not be taken into account in determining whether the tax applies in respect of a broad range of classes of items, and ``(ii) the fact that the rate of tax applicable in respect of some or all of such items is lower than the general rate of tax shall not be taken into account in determining whether the tax is imposed at one rate. ``(D) Items taxed at different rates.--Except in the case of a lower rate of tax applicable in respect of an item described in subparagraph (C), no deduction shall be allowed under this paragraph for any general sales tax imposed in respect of an item at a rate other than the general rate of tax. ``(E) Compensating use taxes.--A compensating use tax in respect of an item shall be treated as a general sales tax. For purposes of the preceding sentence, the term `compensating use tax' means, in respect of any item, a tax which-- ``(i) is imposed on the use, storage, or consumption of such item, and ``(ii) is complementary to a general sales tax, but only if a deduction is allowable under this paragraph in respect of items sold at retail in the taxing jurisdiction which are similar to such item. ``(F) Special rule for motor vehicles.--In the case of motor vehicles, if the rate of tax exceeds the general rate, such excess shall be disregarded and the general rate shall be treated as the rate of tax. ``(G) Separately stated general sales taxes.--If the amount of any general sales tax is separately stated, then, to the extent that the amount so stated is paid by the consumer (otherwise than in connection with the consumer's trade or business) to his seller, such amount shall be treated as a tax imposed on, and paid by, such consumer. ``(H) Amount of deduction to be determined under tables.-- ``(i) In general.--The amount of the deduction allowed by this paragraph shall be determined under tables prescribed by the Secretary. ``(ii) Requirements for tables.--The tables prescribed under clause (i) shall reflect the provisions of this paragraph and shall be based on the average consumption by taxpayers on a State-by-State basis, as determined by the Secretary, taking into account filing status, number of dependents, adjusted gross income, and rates of State and local general sales taxation.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Tax Deduction Fairness Act of 1999 - Amends the Internal Revenue Code to allow a taxpayer to elect, when itemizing, to deduct State and local general sales taxes in lieu of State and local income taxes. Limits such deduction to a tax imposed at one rate in respect of the sale at retail of a broad range of classes of items (including food, clothing, medical supplies, and motor vehicles).

{"src": "billsum_train", "title": "Tax Deduction Fairness Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Safety Rapid Response Act''. SEC. 2. ENHANCED FOODBORNE ILLNESS SURVEILLANCE. (a) In General.-- (1) Authority.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall strengthen and expand foodborne illness surveillance systems to-- (A) inform and evaluate efforts to prevent foodborne illness; and (B) enhance the identification and investigation of, and response to, foodborne illness outbreaks. (2) Foodborne illness outbreak.--For purposes of this section, the term ``foodborne illness outbreak'' means the occurrence of cases of human illness caused by a specific pathogen with matching subtype characteristics which are-- (A) found in 2 or more States; and (B) temporally and geographically distributed in a manner to suggest contamination of a commercially distributed food product or ingredient. (b) Foodborne Illness Surveillance Systems.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses by-- (1) coordinating foodborne illness surveillance and environmental assessment systems, including complaint systems, in order to-- (A) produce better information on illnesses associated with foods, including sources and risk factors for infections by emerging pathogens; and (B) facilitate sharing of data acquisition and findings on a more timely basis-- (i) among governmental agencies, including the Food and Drug Administration, the Food Safety and Inspection Service, and State and local agencies; (ii) with relevant persons in the food industry; and (iii) with the public; (2) augmenting foodborne illness surveillance and environmental assessment systems to improve-- (A) attribution of a foodborne illness outbreak to a specific food or food ingredient; and (B) identification and reporting of contributing factors and environmental antecedents in foodborne illness outbreak investigations; (3) developing improved epidemiological tools and methods for obtaining quality exposure data, microbiological methods for classifying cases and detecting clusters; (4) developing improved environmental assessment tools for obtaining data on contributing factors and environmental antecedents in foodborne illness outbreaks; (5) expanding capacity of foodborne illness surveillance and environmental assessment systems, including those owned and controlled by persons in industry, for implementation of fingerprinting strategies for foodborne infectious agents, including parasites and hepatitis A, in order to increase pathogen discovery efforts to identify new or rarely documented causes of foodborne illness; (6) allowing timely industry and public access to de- identified, aggregate surveillance data; (7) at least annually, publishing current reports on findings from foodborne illness surveillance and environmental assessment systems; (8) exploring establishment of registries for long-term case follow-up to better characterize late complications of foodborne illness; (9) increasing the participation of public health officials at the Federal, State, and local levels in national networks of public health and food regulatory agencies and laboratories to-- (A) share and accept laboratory analytic and environmental assessment findings; and (B) identify foodborne illness outbreaks and attribute such outbreaks to specific foods through submission of standardized molecular subtypes (also known as ``fingerprints'') of foodborne illness pathogens to a centralized database; and (10) establishing a flexible mechanism for rapidly supporting scientific research by academic centers of excellence, which may include staff representing academic clinical researchers, food microbiologists, animal and plant disease specialists, ecologists, and other allied disciplines. (c) Improving State Surveillance Capacity.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Commissioner of Food and Drugs, shall improve capacity for surveillance in the States by-- (1) supporting outbreak investigations with needed specialty expertise, including epidemiological, microbiological, and environmental expertise, to assist identification of underlying common sources and contributing factors; (2) identifying, disseminating, and supporting implementation of model practices at the State and local level for-- (A) facilitating rapid shipment of clinical isolates from clinical laboratories to State public health laboratories to avoid delays in testing; (B) conducting rapid and standardized interviewing of individuals associated with major enteric pathogens, including prior to designation of clusters as foodborne illness outbreaks; (C) conducting and evaluating rapid and standardized interviews of healthy control persons; (D) providing environmental assessment tools for obtaining data regarding contributing factors and environmental antecedents during foodborne illness outbreak investigations; and (E) sharing information on a timely basis-- (i) within public health and food regulatory agencies; (ii) among such agencies; (iii) with the food industry; (iv) with healthcare providers; and (v) with the public; (3) conducting a systematic review of the barriers to sharing data among the entities described in paragraph (2)(E); (4) developing, regularly updating, and disseminating training curricula on foodborne illness surveillance investigations, including standard sampling methods and laboratory procedures and improved environmental assessment procedures; (5) integrating new molecular diagnostic tools for parasites into Web-based consultation services for parasitic infections to accelerate the identification of foodborne infectious agents; (6) supporting research to develop and deploy new subtyping methods for salmonella, E. coli, campylobacter, and other pathogens, to increase the speed and accuracy of diagnoses; (7) determining minimum core competencies for public health laboratories, and developing self-evaluation and proficiency- testing tools for such laboratories; (8) facilitating regional public health laboratory partnerships to leverage resources, including equipment and physical space, and increase surge capacity; (9) providing technical assistance, which may include the detailing of officers and employees of the Secretary, to State and local public health and food regulatory agencies; (10) partnering with the Food and Drug Administration to increase communication, coordination, and integration of foodborne illness surveillance and outbreak investigation activities; and (11) developing and periodically updating response and interview procedures so that such procedures are standardized and tested. SEC. 3. FOOD SAFETY CENTERS OF EXCELLENCE. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the working group described in subsection (b)(2), shall establish 5 regional Food Safety Centers of Excellence (referred to in this section as the ``Centers of Excellence'') to serve as regional resources for State and local public health professionals. The Centers of Excellence shall be established at selected State health departments. (b) Selection of the Centers of Excellence.-- (1) Eligible entities.--To be eligible to be designated as a Food Safety Center of Excellence under subsection (a), an entity shall-- (A) be a State health department; (B) partner with 1 or more institutions of higher education that have demonstrated knowledge, expertise, and meaningful experience with regional or national food production, processing, and distribution, as well as leadership in the laboratory, epidemiological, and environmental detection and investigation of foodborne illness; and (C) provide to the Secretary such information, at such time, and in such manner, as the Secretary may require. (2) Working group.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a diverse working group of experts and stakeholders from Federal, State, and local food safety and health agencies, the food industry, including food retailers and food manufacturers, consumer organizations, and academia to make recommendations to the Secretary regarding designations of the Regional Centers of Excellence. (3) Additional centers of excellence.--The Secretary may designate eligible entities to be regional Food Safety Centers of Excellence, in addition to the 5 designated under subsection (a). (c) Activities.--Under the leadership of the Director of the Centers for Disease Control and Prevention, each Center of Excellence shall be based out of a selected State health department, which shall provide assistance to other regional, State, and local departments of health through activities that include-- (1) providing resources for interviewing individuals as part of routine surveillance and outbreak investigations; (2) providing analysis of the timeliness and effectiveness of foodborne disease surveillance and outbreak response activities; (3) providing training for epidemiological and environmental investigation of foodborne illness, including suggestions for streamlining and standardizing the investigation process; (4) establishing fellowships, stipends, and scholarships to train future epidemiological and food-safety leaders and to address critical workforce shortages; (5) training and coordinating State and local personnel; (6) strengthening capacity to participate in existing or new foodborne illness surveillance and environmental assessment information systems; and (7) conducting research and outreach activities focused on increasing prevention, communication, and education regarding food safety. (d) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) describes the effectiveness of Centers of Excellence; and (2) provides legislative recommendations or describes additional resources required by the Centers of Excellence. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000, which shall remain available until expended.

Food Safety Rapid Response Act - Requires the Secretary of Health and Human Services (HHS) to strengthen and expand foodborne illness surveillance systems to: (1) inform and evaluate efforts to prevent foodborne illness; and (2) enhance the identification and investigation of, and response to, foodborne illness outbreaks. Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses; and (2) improve capacity for foodborne illness surveillance in states. Requires the Secretary to establish five regional Food Safety Centers of Excellence to serve as regional resources for state and local public health professionals in investigating and responding to foodborne illnesses.

{"src": "billsum_train", "title": "A bill to provide for enhanced foodborne illness surveillance and food safety capacity, to establish regional food safety centers of excellence, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Health Care Affordability Act''. SEC. 2. CREDIT FOR MEDICAL EXPENSES FOR DEPENDENTS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. MEDICAL EXPENSES FOR DEPENDENTS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care for any dependent of the taxpayer. ``(b) Limitations.-- ``(1) In general.--Except as provided in paragraph (2), the credit allowed by this section shall not exceed $500 per dependent for any taxable year. ``(2) Increased credit for terminal diseases, etc.--In the case of expenses for medical care of a dependent who has a terminal disease, cancer (whether or not in remission), a disability, or any other health condition requiring hospitalization or other forms of specialized care, the credit allowed by this section shall not exceed $3,000 for each such dependent for any taxable year. ``(c) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 26(a), 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 26(a) were increased by the the taxpayer's social security taxes for the taxable year. ``(2) Coordination with nonrefundable credit.--The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). ``(d) Definitions.--For purposes of this section-- ``(1) Medical care.--The term `medical care' has the meaning given such term by section 213. ``(2) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(3) Disability.--The term `disability' means a condition that requires qualified long-term care services (as defined in section 7702B(c)). ``(4) Social security taxes.--The term `social security taxes' has the meaning given such term by section 24(d)(2). ``(e) Exclusion of Amounts Allowed for Care of Certain Dependents.--Any expense allowed as a credit under section 21 shall not be treated as an expense paid for medical care under this section. ``(f) Adjustments for Inflation.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2003, the $500 amount contained in subsection (b)(1), and the $3,000 amount contained in subsection (b)(2), shall each 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 by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next highest multiple of $10. ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section, including regulations providing for claiming the credit under this section on Form 1040EZ.''. (b) Denial of Double Benefit for Medical Expenses Deduction.-- Subsection (e) of section 213 of such Code is amended by inserting ``or 25C'' after ``section 21''. (c) Conforming Amendments.-- (1) The table of sections for such subpart A is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Medical expenses for dependents.''. (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``section 35'' and inserting ``section 25C or 35''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid after the date of the enactment of this Act in taxable years ending after such date.

Child Health Care Affordability Act - Amends the Internal Revenue Code to allow a tax credit for the medical expenses of a dependent. Limits the amount of such credit to $500 (adjusted for inflation) per dependent. Increases the amount of the credit to $3,000 (adjusted for inflation) for a dependent who has a terminal disease, cancer, a disability, or any other health condition requiring hospitalization or other forms of specialized care. (Coordinates the credit allowed by this Act with the income tax credit credit for household and dependent care services and the income tax deduction for medical expenses to prevent a double tax benefit.)

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals a credit against income tax for medical expenses for dependents."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Mental Health Parity Act of 1999''. TITLE I--PARITY FOR TREATMENT OF MENTAL ILLNESS SEC. 101. PARITY FOR TREATMENT OF MENTAL ILLNESS. (a) In General.--The Internal Revenue Code of 1986 is amended by adding at the end the following: ``Subtitle L--Parity for Treatment of Mental Illness ``SEC. 9901. PARITY FOR TREATMENT OF MENTAL ILLNESS. ``(a) Imposition of Tax.-- ``(1) Health insurance coverage.-- ``(A) In general.--In the case of any health insurance coverage offered by a health insurance issuer that fails to meet the standard under subsection (c) at any time during a calendar year, there is hereby imposed a tax equal to 25 percent of the premiums received under such plan during the calendar year. ``(B) Liability for tax.--The tax imposed under subparagraph (A) shall be paid by the health insurance issuer. ``(2) Group health plan.-- ``(A) In general.--In the case of a group health plan that fails to meet the standard under subsection (c) at any time during a calendar year, there is hereby imposed a tax equal to 25 percent of the health coverage expenditures for such calendar year under such plan. ``(B) Liability for tax.--The tax imposed under subparagraph (A) shall be paid by the group health plan. ``(C) Health coverage expenditures.--For purposes of this paragraph, the health coverage expenditures of any group health plan for any calendar year are the aggregate expenditures for such year for health coverage provided under such plan. ``(b) Limitation on Imposition of Tax.-- ``(1) Failure not discovered exercising reasonable diligence.--No tax shall be imposed under this section on any failure to meet the standard under subsection (c) for which it is established to the satisfaction of the Secretary that none of the persons liable for the tax knew, or exercising reasonable diligence would have known, that such failure existed. ``(2) Certain failures corrected within 30 days.--No tax shall be imposed under subsection (a) on any failure to meet the standard under subsection (c) if-- ``(A) such failure was due to reasonable cause and not to willful neglect, and ``(B) such failure is corrected during the 30-day period beginning on the first date any person liable for the tax knew, or exercising reasonable diligence would have known, that such failure existed. ``(3) Waiver by secretary.--In the case of a failure to meet the standard under subsection (c) that is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by this section to the extent that the payment of such tax would be excessive relative to the failure involved. ``(c) Standard for Parity for Treatment of Mental Illness.-- ``(1) In general.--A health insurance issuer with respect to health insurance coverage that it offers or a group health plan may not impose additional applications, preadmission screenings, or other procedural restrictions for services, nor impose treatment limitations or financial requirements on the coverage of benefits provided with respect to mental illness if similar limitations or requirements are not imposed on coverage for benefits with respect to other conditions. ``(2) Rule of construction.--Nothing in paragraph (1) shall be construed as prohibiting a health insurance issuer with respect to health insurance coverage that it offers or a group health plan from requiring preadmission screening prior to the authorization of services covered under the plan or from applying other limitations that restrict coverage for mental illness to those services that are medically necessary to the extent that such preadmission screening and authorization are required for access to other services covered by the issuer or plan. ``(d) Definitions.--For purposes of this section: ``(1) Mental illness.--The term `mental illness' means all of the clinical disorders and personality disorders, except for mental retardation, diagnosed on Axis I or Axis II of the most recent edition of the American Psychiatric Association's `Diagnostic and Statistical Manual of Mental Disorders'. ``(2) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9805(b)(1). ``(3) Health insurance issuer.--The term `health insurance issuer' has the meaning given such term by section 9805(b)(2). ``(4) Group health plan.--The term `group health plan' has the meaning given such term by section 5000(b)(1).''. (b) Clerical Amendment.--The table of subtitles of such Code is amended by adding at the end the following new item: ``Subtitle L. Parity for treatment of mental illness.'' SEC. 102. EFFECTIVE DATE. The amendment made by section 101 applies-- (1) with respect to health insurance coverage, to a contract, policy, or certificate initiated or renewed after December 31, 1999; and (2) with respect to group health plans, to plan years beginning after December 31, 1999. TITLE II--MEDICARE MENTAL HEALTH IMPROVEMENT SEC. 201. REFERENCES IN TITLE. Whenever in this title an amendment 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 that section or other provision of the Social Security Act. SEC. 202. INPATIENT PSYCHIATRIC HOSPITAL SERVICES. (a) Services Covered.--Section 1812(a) (42 U.S.C. 1395d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) inpatient hospital services furnished primarily for the diagnosis or treatment of mental illness or substance abuse for up to 60 days during a year.''. (b) Limitation on Coverage.--Section 1812(b)(3) (42 U.S.C. 1395d(b)) is amended to read as follows: ``(3) inpatient hospital services furnished primarily for the diagnosis or treatment of mental illness or substance abuse that are furnished to the individual during a year after such services have been furnished to the individual for a total of 60 days during the year.''. (c) Conforming Amendments.--(1) Section 1812(a)(1) (42 U.S.C. 1395d(a)(1)) is amended by inserting ``(other than services described in paragraph (5))'' after ``inpatient hospital services'' the first place it appears. (2) Section 1812(b)(1) (42 U.S.C. 1395d(b)(1)) is amended by inserting ``(other than services described in paragraph (3))'' after ``inpatient hospital services'' the first place it appears. (3) Section 1812 (42 U.S.C. 1395d) is amended by striking subsection (c). (4) Section 1814(a) (42 U.S.C. 1395f(a)) is amended-- (A) in paragraph (2), by striking subparagraph (A); (B) in paragraph (3), by striking ``(other than inpatient psychiatric hospital services)''; and (C) by striking paragraph (4). (5) Section 1861 (42 U.S.C. 1395x) is amended by striking subsection (c). (d) Effective Date; Transition.--The amendments made by this section shall take effect January 1, 2000, except that-- (1) an individual who at any time prior to such date has been furnished inpatient psychiatric hospital services (as defined for purposes of title XVIII of the Social Security Act as of the date of the enactment of this Act) for 190 consecutive days is not entitled to any services under section 1812(a)(5) of such Act (as added by subsection (a)(3)); and (2) in the case of an individual who is not described in paragraph (1) and is receiving inpatient psychiatric hospital services (as defined for purposes of title XVIII of the Social Security Act as of the date of the enactment of this Act) on December 31, 1999, for which payment may be made under section 1812 of such Act, the number of days of services for which the individual is entitled under section 1812(a)(5) of such Act (and the number of days applicable under section 1812(b)(3) of such Act) shall be equal to the greater of 60 or the difference between 190 days and the number of days of such inpatient psychiatric hospital services furnished to the individual prior to January 1, 2000. SEC. 203. INTENSIVE RESIDENTIAL SERVICES. (a) Coverage Under Part A.--Section 1812(a) (42 U.S.C. 1395d(a)), as amended by section 202(a), is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(6) intensive residential services (as described in section 1861(uu)) furnished to an individual for up to 120 days during any calendar year, except that such services may be furnished to the individual for additional days during the year if necessary for the individual to complete a course of treatment to the extent that the number of days of inpatient hospital services described in paragraph (5) that may be furnished to the individual during the year (as reduced under such paragraph) is not less than 15.''. (b) Services Described.--Section 1861 (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Intensive Residential Services ``(uu)(1) Subject to paragraph (2), the term `intensive residential services' means inpatient services provided in any of the following facilities: ``(A) Residential detoxification centers. ``(B) Crisis residential programs or mental illness residential treatment programs. ``(C) Therapeutic family or group treatment homes. ``(D) Residential centers for substance abuse treatment. ``(2) No service may be treated as an intensive residential service under paragraph (1) unless the facility at which the service is provided-- ``(A) is legally authorized to provide such service under the law of the State (or under a State regulatory mechanism provided by State law) in which the facility is located or is certified to provide such service by an appropriate accreditation entity approved by the State in consultation with the Secretary; and ``(B) meets such other requirements as the Secretary may impose to assure the quality of the intensive residential services provided. ``(3) No service may be treated as an intensive residential service under paragraph (1) unless the service is furnished in accordance with standards established by the Secretary for the management of such services.''. (3) Reduction in days of coverage for inpatient services.-- Section 1812(a)(5) and section 1812(b)(3), as amended by section 202, are each amended by striking the period at the end and inserting the following: ``, reduced by a number of days determined by the Secretary so that the actuarial value of providing such number of days of services under this paragraph to the individual is equal to the actuarial value of the days of inpatient residential services furnished to the individual under paragraph (6) during the year after such services have been furnished to the individual for 120 days during the year (rounded to the nearest day).''. (4) Amount of payment.--Section 1814 (42 U.S.C. 1395f) is amended-- (A) in subsection (b) in the matter preceding paragraph (1), by inserting ``other than intensive residential services,'' after ``hospice care,''; and (B) by adding at the end the following new subsection: ``Payment for Intensive Residential Services ``(m) The amount of payment under this part for intensive residential services under section 1812(a)(6) shall be equal to-- ``(1) the lesser of-- ``(A) the reasonable cost of such services, as determined under section 1861(v), or ``(B) the customary charges with respect to such services, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A): ``(2) if such services are furnished by a public provider of services or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this clause), free of charge or at nominal charges to the public, the amount determined in accordance with subsection (b)(2); and ``(3) if (and for so long as) the conditions described in subsection (b)(3) are met, the amounts determined under the reimbursement system described in such section.''. SEC. 204. LOWERING COINSURANCE FOR CERTAIN OUTPATIENT MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES. (a) In General.--Section 1833(c) (42 U.S.C. 1395l(c)) is amended by striking ``mental, psychoneurotic, and personality disorders'' and all that follows through ``are incurred'' and inserting the following: ``mental illness or substance abuse of an individual who, at the time such expenses are incurred, is over 18 years of age, is not an inpatient of a hospital, and has received 5 or more sessions of such treatment during the calendar year,''. (b) Requiring Services To Be Furnished in Accordance With Management Standards.--Section 1862(a) (42 U.S.C. 1395y(a)) is amended-- (1) by striking ``or'' at the end of paragraph (20); (2) by striking the period at the end of paragraph (21) and inserting ``; or''; and (3) by inserting after paragraph (21) the following new paragraph: ``(22) in the case of any items or services furnished under part B for the treatment of mental illness or emotional disturbance (including substance abuse), if the services are not furnished in accordance with standards established by the Secretary for the management of such services.''. SEC. 205. EFFECTIVE DATE. Except as otherwise provided in this title, the amendments made by this title shall apply to items and services furnished on or after January 1, 2000.

Title II: Medicare Mental Health Improvement - Amends title XVIII (Medicare) of the Social Security Act to restructure the mental health benefit, including: (1) coverage under Medicare part A (Hospital Insurance) of inpatient hospital services furnished primarily for the diagnosis or treatment of mental illness or substance abuse for up to 60 days during a year, as well as coverage of intensive residential services furnished to an individual for up to 120 days during a year; (2) lower co-payments for certain outpatient mental health and substance abuse services; (3) waiver of co-payment for case management services furnished to a seriously mentally ill adult, a seriously emotionally disturbed child, or an adult or child with serious substance abuse disorder; (4) case management services for an unlimited duration for such individuals; and (5) provision of items and services furnished under Medicare part B (Supplementary Medical Insurance) for the treatment of mental illness or emotional disturbances according to standards established by the Secretary of Health and Human Services.

{"src": "billsum_train", "title": "National Mental Health Parity Act of 1999"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Technical Modifications Act''. SEC. 2. ELECTIVE EXCLUSION OF PLAN INVESTMENT EXPENSES IN DETERMINING TARGET NORMAL COST. (a) Amendment to ERISA.--Section 303(b)(1)(A)(ii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(b)(1)(A)(ii)) is amended by inserting ``(excluding, to the extent elected by the plan sponsor, plan investment expenses)'' after ``plan year''. (b) Amendment to 1986 Code.--Clause (ii) of section 430(b)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(excluding, to the extent elected by the plan sponsor, plan investment expenses)'' after ``plan year''. (c) Effective Date.-- (1) In general.--The amendments made by subsections (a) and (b) shall take effect as if included in sections 102 and 112, respectively, of the Pension Protection Act of 2006. (2) Special rule for closed plan years.--In the case of a plan year ending before the date of the enactment of this Act, any election pursuant to the amendments made by this section with respect to such plan year must be made not later than 180 days after such date. SEC. 3. DEFINITION OF ELIGIBLE PLAN YEAR. (a) Amendment to ERISA.--Clause (v) of section 303(c)(2)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(c)(2)(D)), as added by section 201(a)(1) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended-- (1) by striking ``on or after the date of the enactment of this subparagraph'' and inserting ``on or after June 25, 2010 (March 10, 2010, in the case of an eligible plan)'', and (2) by adding at the end the following new sentence: ``For purposes of the preceding sentence, a plan shall be treated as an eligible plan only if, as of the date of the election with respect to the plan under clause (i)-- ``(A) the plan sponsor is not a debtor in a case under title 11, United States Code, or similar Federal or State law, ``(B) there are no unpaid minimum required contributions with respect to the plan for purposes of section 4971 of the Internal Revenue Code of 1986 (imposing an excise tax when minimum required contributions are not paid by the due date for the plan year), ``(C) there are no outstanding liens in favor of the plan under subsection (k), and ``(D) the plan sponsor has not initiated a distress termination of the plan under section 4041.''. (b) Amendment to 1986 Code.--Clause (v) of section 430(c)(2)(D) of the Internal Revenue Code of 1986, as added by section 201(b)(1) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended-- (1) by striking ``on or after the date of the enactment of this subparagraph'' and inserting ``on or after June 25, 2010 (March 10, 2010, in the case of an eligible plan)'', and (2) by adding at the end the following new sentence: ``For purposes of the preceding sentence, a plan shall be treated as an eligible plan only if, as of the date of the election with respect to the plan under clause (i)-- ``(A) the plan sponsor is not a debtor in a case under title 11, United States Code, or similar Federal or State law, ``(B) there are no unpaid minimum required contributions with respect to the plan for purposes of section 4971 (imposing an excise tax when minimum required contributions are not paid by the due date for the plan year), ``(C) there are no outstanding liens in favor of the plan under subsection (k), and ``(D) the plan sponsor has not initiated a distress termination of the plan under section 4041 of the Employee Retirement Income Security Act of 1974.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by the provisions of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 to which the amendments relate. SEC. 4. ELIGIBLE CHARITY PLANS. (a) Definition of Eligible Charity Plans.--Section 104(d) of the Pension Protection Act of 2006, as added by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended-- (1) by inserting ``, if the plan sponsor so elects,'' after ``shall'', and (2) by adding at the end the following: ``Any election made under the preceding sentence shall be made at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury and, for elections with respect to plan years beginning more than 1 year after the date of the enactment of the Pension Technical Modifications Act, may be revoked only with the consent of the Secretary.''. (b) Application of New Rules to Eligible Charity Plans.--Paragraph (2) of section 202(c) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 is amended to read as follows: ``(2) Eligible charity plans.--The amendments made by subsection (b) shall apply to plan years beginning after December 31, 2010, except that a plan sponsor may elect to apply such amendments to plan years beginning after an earlier date.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 to which they relate. SEC. 5. SUSPENSION OF CERTAIN FUNDING LEVEL LIMITATIONS. (a) Limitations on Benefit Accruals.--Section 203 of the Worker, Retiree, and Employer Recovery Act of 2008 is amended-- (1) by striking ``the first plan year beginning during the period beginning on October 1, 2008, and ending on September 30, 2009'' and inserting ``any plan year beginning during the period beginning on October 1, 2008, and ending on December 31, 2011''; (2) by striking ``substituting'' and all that follows through ``for such plan year'' and inserting ``substituting for such percentage the plan's adjusted funding target attainment percentage for the last plan year ending before September 30, 2009,''; and (3) by striking ``for the preceding plan year is greater'' and inserting ``for such last plan year is greater''. (b) Social Security Level-Income Options.-- (1) Amendment to erisa.--Section 206(g)(3)(E) of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new sentence: ``For purposes of applying clause (i) payments under a social security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a social security supplement described in the last sentence of section 204(b)(1)(G)).''. (2) Amendment to 1986 code.--Section 436(d)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``For purposes of applying subparagraph (A) payments under a social security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a social security supplement described in the last sentence of section 411(a)(9)).''. (3) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to annuity payments the annuity starting date for which occurs on or after January 1, 2012. (B) Permitted application.--A plan shall not be treated as failing to meet the requirements of sections 206(g) of the Employee Retirement Income Security Act of 1974 (as amended by this subsection) and section 436(d) of the Internal Revenue Code of 1986 (as so amended) if the plan sponsor elects to apply the amendments made by this subsection to payments the annuity starting date for which occurs during elected months prior to January 1, 2012. (c) Repeal of Related Provisions.--The provisions of, and the amendments made by, section 203 of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 are repealed and the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and the Worker, Retiree, and Employer Recovery Act of 2008 (Public Law 110-458; 122 Stat. 5118) shall be applied as if such section had never been enacted. (d) Plans Maintained by Charities.-- (1) Amendment to erisa.--Section 303(f)(3)(D)(i) of the Employee Retirement and Income Security Act of 1974 (29 U.S.C. 1083(f)(3)(D)(i)) is amended by striking ``September 1, 2011'' and inserting ``January 1, 2012''. (2) Amendment to 1986 code.--Clause (i) of section 430(f)(3)(D) of the Internal Revenue Code of 1986 is amended by striking ``September 1, 2011'' and inserting ``January 1, 2012''.

Pension Technical Modifications Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code with respect to the formula for the target normal plan cost element in the larger formula for determining the minimum required employer contribution for a plan year of a single-employer defined benefit pension plan. Revises the formula for the target normal cost to allow a plan sponsor to elect to exclude plan investment expenses from the amount of plan-related expenses expected to be paid from plan assets during the plan year. Makes technical amendments to ERISA and the Internal Revenue Code, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (PACMBPRA), regarding the election to apply specified requirements in an eligible plan year with respect to the shortfall amortization base in minimum funding standards for such plans. Treats a plan as eligible for such an election only if: (1) the plan sponsor is not a debtor in a case under bankruptcy law or similar federal or state law, (2) there are no unpaid minimum required contributions with respect to the plan for purposes of the excise tax when minimum required contributions are not paid when due, (3) there are no outstanding liens in favor of the plan for a person's failure to make required contributions, and (4) the plan sponsor has not initiated a distress termination of the plan. Amends the Pension Protection Act of 2006 (PPA), as amended by PACMBPRA, to allow plan sponsors to elect to treat a certain kind of plan as an eligible charity plan instead of requiring them to, as under current law. Permits such an election to be revoked, however, only with the consent of the Secretary of the Treasury. Postpones to plan years beginning after December 31, 2010, the authorization for such an election. Amends the Worker, Retiree, and Employer Recovery Act of 2008 to extend through plan years beginning during the period October 1, 2008-December 31, 2011, certain funding-based limits on benefit accruals for single-employer plans with severe funding shortfalls. Revises the adjusted funding target attainment percentage factor in such limits for that period. Amends ERISA and the Internal Revenue Code with respect to the allowance of a one-time prohibited payment by a single-employer plan. Declares that payments under a Social Security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a Social Security supplement). Extends from September 1, 2011, through December 31, 2011, the special rule and ratio for certain years of eligible charity plans which excludes such plans from the authority of a plan sponsor to elect to credit against the minimum required contribution for the current plan year all or a portion of the prefunding balance or the funding standard carryover balance for the year.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to make technical modifications relating to the Worker, Retiree, and Employer Recovery Act of 2008 and the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Federal Dollars Through Better Use of Government Purchase and Travel Cards Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Improper payment.--The term ``improper payment'' has the meaning given the term in section 2 of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note). (2) Questionable transaction.--The term ``questionable transaction'' means a charge card transaction that from initial card data appears to be high risk and may therefore be improper due to non-compliance with applicable law, regulation or policy. (3) Strategic sourcing.--The term ``strategic sourcing'' means analyzing and modifying a Federal agency's spending patterns to better leverage its purchasing power, reduce costs, and improve overall performance. SEC. 3. EXPANDED USE OF DATA ANALYTICS. (a) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator for General Services, shall develop a strategy to expand the use of data analytics in managing government purchase and travel charge card programs. These analytics may employ existing General Services Administration capabilities, and may be in conjunction with agencies' capabilities, for the purpose of-- (1) identifying examples or patterns of questionable transactions and developing enhanced tools and methods for agency use in-- (A) identifying questionable purchase and travel card transactions; and (B) recovering improper payments made with purchase and travel cards; (2) identifying potential opportunities for agencies to further leverage administrative process streamlining and cost reduction from purchase and travel card use, including additional agency opportunities for card-based strategic sourcing; (3) developing a set of purchase and travel card metrics and benchmarks for high risk activities, which shall assist agencies in identifying potential emphasis areas for their purchase and travel card management and oversight activities, including those required by the Government Charge Card Abuse Prevention Act of 2012 (Public Law 112-194); and (4) developing a plan, which may be based on existing capabilities, to create a library of analytics tools and data sources for use by Federal agencies (including inspectors general of those agencies). SEC. 4. GUIDANCE ON IMPROVING INFORMATION SHARING TO CURB IMPROPER PAYMENTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the interagency charge card data management group established under section 5, shall issue guidance on improving information sharing by government agencies (including inspectors general) for the purposes of section 3(a)(1). (b) Elements.--The guidance issued under subsection (a) shall-- (1) require relevant officials at Federal agencies to identify high-risk activities and communicate that information to the appropriate management levels within the agencies; (2) require that appropriate officials at Federal agencies review the reports issued by charge card-issuing banks on questionable transaction activity (such as purchase and travel card pre-suspension and suspension reports, delinquency reports, and exception reports), including transactions that occur with high risk activities, and suspicious timing or amounts of cash withdrawals or advances; (3) provide for the appropriate sharing of information related to potential questionable transactions, fraud schemes, and high risk activities with General Services Administration Office of Charge Card Management and the appropriate officials in Federal agencies; and (4) include other requirements determined appropriate by the Director for the purposes of carrying out this Act. SEC. 5. INTERAGENCY CHARGE CARD DATA MANAGEMENT GROUP. (a) Establishment.--The Administrator of General Services and the Director of the Office of Management and Budget shall establish a purchase and travel charge card data management group to develop and share best practices for the purposes described in section 3(a). (b) Elements.--The best practices developed under subsection (a) shall-- (1) cover rules, edits, and task order or contract modifications related to charge card-issuing banks; (2) include the review of accounts payable information and purchase and travel card transaction data of agencies for the purpose of identifying potential strategic sourcing and other additional opportunities (such as recurring payments, utility payments, and grant payments) for which the charge cards or related payment products could be used as a payment method; and (3) include other best practices as determined by the Administrator and Director. (c) Membership.--The purchase and travel charge card data management group shall meet regularly as determined by the co-chairs, for a duration of three years, and include those agencies as described in section 2 of the Government Charge Card Abuse Prevention Act of 2012 (Public Law 112-194) and others identified by the Administrator and Director. SEC. 6. REPORTING REQUIREMENTS. (a) General Services Administration Report.--Not later than one year after the date of the enactment of this Act, the Administrator for General Services shall submit a report to Congress on the implementation of this Act, including the metrics used in determining whether the analytic and benchmarking efforts have reduced, or contributed to the reduction of, questionable or improper payments as well as improved utilization of card-based payment products. (b) Agency Reports and Consolidated Report to Congress.--Not later than one year after the date of the enactment of this Act, the head of each Federal agency described in section 2 of the Government Charge Card Abuse Prevention Act of 2012 (Public Law 112-194) shall submit a report to the Director of the Office of Management and Budget on that agency's activities to implement this Act. (c) Office of Management and Budget Report to Congress.--The Director of the Office of Management and Budget shall submit to Congress a consolidated report of agency activities to implement this Act, which may be included as part of another report submitted to Congress by the Director. (d) Report on Additional Savings Opportunities.--Not later than one year after the date of the enactment of this Act, the Administrator of General Services shall submit a report to Congress identifying and exploring further potential savings opportunities for government agencies under the Federal charge card programs. This report may be combined with the report required under subsection (a). Passed the Senate December 16, 2015. Attest: Secretary. 114th CONGRESS 1st Session S. 1616 _______________________________________________________________________ AN ACT To provide for the identification and prevention of improper payments and the identification of strategic sourcing opportunities by reviewing and analyzing the use of Federal agency charge cards.

Saving Federal Dollars Through Better Use of Government Purchase and Travel Cards Act of 2015 (Sec. 3) This bill requires the Office of Management and Budget (OMB) to develop a strategy to expand the use of data analytics in managing government purchase and travel charge card programs for the purpose of: identifying examples or patterns of questionable transactions and developing enhanced tools and methods for agency use in identifying questionable purchase and travel card transactions and in recovering improper payments made with purchase and travel cards; identifying potential opportunities for agencies to further leverage administrative process streamlining and cost reduction from purchase and travel card use; developing a set of purchase and travel card metrics and benchmarks for high risk activities, which shall assist agencies in identifying potential emphasis areas for their purchase and travel card management and oversight activities; and developing a plan to create a library of analytics tools and data sources for use by federal agencies. The bill defines: (1) "questionable transaction" as a charge card transaction that, from initial card data, appears to be high risk and that may be improper; and (2) "strategic sourcing" as analyzing and modifying a federal agency's spending patterns to better leverage its purchasing power, reduce costs, and improve overall performance. (Sec. 4) The OMB must issue guidance on improving information sharing by government agencies, including by: (1) requiring relevant officials at federal agencies to identify high-risk activities and communicate that information to the appropriate management levels within the agencies; (2) requiring that appropriate officials at federal agencies review the reports issued by charge card-issuing banks on questionable transaction activity, including transactions that occur with high risk activities, and suspicious timing or amounts of cash withdrawals or advances; and (3) providing for the appropriate sharing of information related to potential questionable transactions, fraud schemes, and high risk activities with GSA's Office of Charge Card Management and the appropriate federal agency officials. (Sec. 5) The GSA and the OMB must establish a purchase and travel charge card data management group to develop and share best practices, which shall: (1) cover rules, edits, and task order or contract modifications related to charge card-issuing banks; and (2) include the review of accounts payable information and purchase and travel card transaction data of agencies for the purpose of identifying potential strategic sourcing and other additional opportunities for which the charge cards or related payment products could be used as a payment method. (Sec. 6) The GSA shall report to Congress on this Act's implementation, including the metrics used in determining whether the analytic and benchmarking efforts have reduced, or contributed to the reduction of, questionable or improper payments as well as improved utilization of card-based payment products. Each executive agency that issues and uses purchase cards and convenience checks shall report to the OMB on activities to implement this Act. The OMB shall submit to Congress a consolidated report of agency activities to implement this Act. The GSA shall report to Congress identifying and exploring further potential savings opportunities for government agencies under the federal charge card programs.

{"src": "billsum_train", "title": "Saving Federal Dollars Through Better Use of Government Purchase and Travel Cards Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmers Tax Deferral Act''. SEC. 2. SPECIAL RULES FOR EXCHANGE OF QUALIFIED AGRICULTURAL PROPERTY FOR REAL PROPERTY. (a) Treated as Like Kind With Real Property.--Section 1031 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Qualified Agricultural Property Treated as Like Kind With Real Property.--For purposes of this section-- ``(1) In general.--In the case of the exchange of qualified agricultural property for real property held either for productive use in a trade or business or for investment, such qualified agricultural property and such real property shall be treated as property of a like kind. ``(2) Qualified agricultural property.--The term `qualified agricultural property' means-- ``(A) any single purpose agricultural or horticultural structure (as defined in section 168(i)(13)), and ``(B) any equipment or fixtures which are related in use to such structure.''. (b) Ordinary Income Recapture Deferred Until Disposition of Real Property Acquired in Exchange.-- (1) In general.--Subsection (b) of section 1245 of such Code is amended by adding at the end the following new paragraph: ``(9) Special rule for like kind exchanges of qualified agricultural property.-- ``(A) In general.--If qualified agricultural property (as defined in section 1031(i)) is disposed of and gain (determined without regard to this section) is not recognized in whole or in part under section 1031, then the amount of gain taken into account by the transferor under subsection (a)(1) shall not exceed the sum of-- ``(i) the amount of gain recognized on such disposition (determined without regard to this section), plus ``(ii) the fair market value of property acquired which is not taken into account under clause (i) and which is not-- ``(I) section 1245 property, or ``(II) real property held either for productive use in a trade or business or for investment. ``(B) Ordinary income recapture on disposition of real property acquired in exchange.--If real property the fair market value of which is taken into account under subparagraph (A)(ii)(II) in determining the gain on the disposition of any qualified agricultural property is disposed of by the transferee, the lesser of-- ``(i) the excess of-- ``(I) the amount realized on the disposition of such real property (in the case of a disposition other than a sale, exchange, or involuntary conversion, the fair market value of such real property), over ``(II) the adjusted basis of such real property, or ``(ii) the amount of gain that would have been treated as ordinary income under this section if such qualified agricultural property were sold at fair market value on the date of the disposition of such structure, shall be treated as ordinary income. Such gain shall be recognized notwithstanding any other provision of this subtitle.''. (2) Conforming amendment.--Paragraph (4) of section 1245(b) of such Code is amended by striking ``If'' and inserting ``Except as provided in paragraph (9), if''. (c) Effective Date.-- (1) Subsection (a).--The amendments made by subsection (a) shall apply to transfers after the date of the enactment of this Act. (2) Subsection (b).--The amendments made by subsection (b) shall apply to dispositions after the date of the enactment of this Act. SEC. 3. SPECIAL RULES FOR INSTALLMENT SALES OF QUALIFIED AGRICULTURAL PROPERTY. (a) In General.--Subsection (i) of section 453 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Special rule for qualified agricultural property.-- Notwithstanding paragraph (1), in the case of any installment sale of qualified agricultural property (as defined in section 1031(i)) to which subsection (a) applies-- ``(A) income from the installment sale shall be taken into account under the installment method, and ``(B) income recognized for any taxable year from such sale under such method shall be recognized as recapture income in such year in the same proportion to such income recognized for such year from such sale as-- ``(i) the aggregate recapture income from such sale (recognized or to be recognized when payment is completed), bears to ``(ii) the aggregate income from such sale (so recognized or to be recognized).''. (b) Conforming Amendment.--Paragraph (3) of section 453(i) of such Code, as redesignated under this section, is amended by striking ``paragraph (1)'' and inserting ``this subsection''. (c) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act.

Farmers Tax Deferral Act - Amends the Internal Revenue Code to: (1) treat the exchange of qualified agricultural property as a like-kind exchange for purposes of allowing the nonrecognition or deferral of gain from such exchange; and (2) allow installment sales treatment of such property. Defines "qualified agricultural property" as any single purpose agricultural or horticultural property and any equipment or fixtures related to such property.

{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide special rules for the exchange or installment sale of certain agricultural property."}

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The rate for American Indians and Alaskan Natives living below 50 percent the poverty level is 11.2 percent, nearly double the rate of the general population. (2) The unemployment rate for American Indians and Alaskan Natives 16 years and over is 13.6 percent, nearly double the rate of the general population. (3) Indian tribe members and Alaska Natives own more than 201,000 businesses and generate more than $26,000,000,000 in revenues. The construction industry accounted for 16 percent of these businesses and 22.5 percent of their total receipts. The next largest was the service industry (13.2 percent and 3.4 percent, respectively). The third largest was the health care and social assistance industry (12.1 percent and 4.6 percent, respectively). (4) The Small Business Development Center program is cost effective. Clients receiving long-term counseling under the program in 2005 generated additional tax revenues of $248,000,000, nearly 2.8 times the cost of the program to the Federal Government. (5) Using the existing infrastructure of the Small Business Development Center program, small businesses owned by Indian tribe members, Alaska Natives, and Native Hawaiians receiving services under the program will have a higher survival rate than the average small business not receiving such services. (6) Business counseling and technical assistance is critical on Indian lands where similar services are scarce and expensive. (7) Increased assistance through counseling under the Small Business Development Center program has been shown to reduce the default rate associated with lending programs of the Small Business Administration. (b) Purposes.--The purposes of this Act are as follows: (1) To stimulate economies on Indian lands. (2) To foster economic development on Indian lands. (3) To assist in the creation of new small businesses owned by Indian tribe members, Alaska Natives, and Native Hawaiians and expand existing ones. (4) To provide management, technical, and research assistance to small businesses owned by Indian tribe members, Alaska Natives, and Native Hawaiians. (5) To seek the advice of local Tribal Councils on where small business development assistance is most needed. (6) To ensure that Indian tribe members, Alaska Natives, and Native Hawaiians have full access to existing business counseling and technical assistance available through the Small Business Development Center program. SEC. 2. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE MEMBERS, ALASKA NATIVES, AND NATIVE HAWAIIANS. (a) In General.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following: ``(8) Additional grant to assist indian tribe members, alaska natives, and native hawaiians.-- ``(A) In general.--Any applicant in an eligible State that is funded by the Administration as a Small Business Development Center may apply for an additional grant to be used solely to provide services described in subsection (c)(3) to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaska Natives, and Native Hawaiians. ``(B) Eligible states.--For purposes of subparagraph (A), an eligible State is a State that has a combined population of Indian tribe members, Alaska Natives, and Native Hawaiians that comprises at least 1 percent of the State's total population, as shown by the latest available census. ``(C) Grant applications.--An applicant for a grant under subparagraph (A) shall submit to the Administration an application that is in such form as the Administration may require. The application shall include information regarding the applicant's goals and objectives for the services to be provided using the grant, including-- ``(i) the capability of the applicant to provide training and services to a representative number of Indian tribe members, Alaska Natives, and Native Hawaiians; ``(ii) the location of the Small Business Development Center site proposed by the applicant; ``(iii) the required amount of grant funding needed by the applicant to implement the program; and ``(iv) the extent to which the applicant has consulted with local Tribal Councils. ``(D) Applicability of grant requirements.--An applicant for a grant under subparagraph (A) shall comply with all of the requirements of this section, except that the matching funds requirements under paragraph (4)(A) shall not apply. ``(E) Maximum amount of grants.--No applicant may receive more than $300,000 in grants under this paragraph for one fiscal year. ``(F) Regulations.--After providing notice and an opportunity for comment and after consulting with the Association recognized by the Administration pursuant to paragraph (3)(A) (but not later than 180 days after the date of enactment of this paragraph), the Administration shall issue final regulations to carry out this paragraph, including regulations that establish-- ``(i) standards relating to educational, technical, and support services to be provided by Small Business Development Centers receiving assistance under this paragraph; and ``(ii) standards relating to any work plan that the Administration may require a Small Business Development Center receiving assistance under this paragraph to develop. ``(G) Definitions.--In this section, the following definitions apply: ``(i) Indian lands.--The term `Indian lands' has the meaning given the term `Indian country' in section 1151 of title 18, United States Code, the meaning given the term `Indian reservation' in section 151.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), and the meaning given the term `reservation' in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903). ``(ii) Indian tribe.--The term `Indian tribe' means any band, nation, or organized group or community of Indians located in the contiguous United States, and the Metlakatla Indian Community, whose members are recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians. ``(iii) Indian tribe member.--The term `Indian tribe member' means a member of an Indian tribe (other than a Alaska Native). ``(iv) Alaska native.--The term `Alaska Native' has the meaning given the term `Native' in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). ``(v) Native hawaiian.--The term `Native Hawaiian' means any individual who is-- ``(I) a citizen of the United States; and ``(II) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii. ``(vi) Tribal organization.--The term `tribal organization' has the meaning given that term in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l)). ``(H) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $7,000,000 for each of fiscal years 2008 through 2010. ``(I) Funding limitations.-- ``(i) Nonapplicability of certain limitations.--Funding under this paragraph shall be in addition to the dollar program limitations specified in paragraph (4). ``(ii) Limitation on use of funds.--The Administration may carry out this paragraph only with amounts appropriated in advance specifically to carry out this paragraph.''. SEC. 3. STATE CONSULTATION WITH TRIBAL ORGANIZATIONS. Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is amended by adding at the end the following: ``(9) Advice of local tribal organizations.--A Small Business Development Center receiving a grant under this section shall request the advice of tribal organization on how best to provide assistance to Indian tribe members, Alaska Natives, and Native Hawaiians and where to locate satellite centers to provide such assistance.''. Passed the House of Representatives June 20, 2007. Attest: LORRAINE C. MILLER, Clerk.

Amends the Small Business Act to authorize a Small Business Development Center in an eligible state to apply for an additional grant to be used solely to provide services to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaskan Natives, and Native Hawaiians. Defines an "eligible state" as a state that has a combined population of Indian tribe members, Alaska Natives, and Native Hawaiians that comprises at least 1% of the state's total population. Prohibits any applicant from receiving more than $300,000 in such grants for one fiscal year. Authorizes appropriations for carrying out such additional assistance for FY2008-FY2010. Requires a Small Business Development Center receiving such a grant to request the advice of the local tribal organization on how best to provide assistance and where to locate satellite centers to provide such assistance.

{"src": "billsum_train", "title": "To amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Indian tribe members, Alaska Natives, and Native Hawaiians."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gift of Life Congressional Medal Act of 2006''. SEC. 2. CONGRESSIONAL MEDAL. The Secretary of the Treasury shall design and strike a bronze medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary of the Treasury, to commemorate organ donors and their families. SEC. 3. ELIGIBILITY REQUIREMENTS. (a) In General.--Any organ donor, or the family of any organ donor, shall be eligible for a medal described in section 2. (b) Documentation.--The Secretary of Health and Human Services shall direct the entity holding the Organ Procurement and Transplantation Network (hereafter in this Act referred to as ``OPTN'') to contract to-- (1) establish an application procedure requiring the relevant organ procurement organization, as described in section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)), through which an individual or their family made an organ donation, to submit to the OPTN contractor documentation supporting the eligibility of that individual or their family to receive a medal described in section 2; and (2) determine, through the documentation provided, and, if necessary, independent investigation, whether the individual or family is eligible to receive a medal described in section 2. SEC. 4. PRESENTATION. (a) Delivery to the Secretary of Health and Human Services.--The Secretary of the Treasury shall deliver medals struck pursuant to this Act to the Secretary of Health and Human Services. (b) Delivery to Eligible Recipients.--The Secretary of Health and Human Services shall direct the OPTN contractor to arrange for the presentation to the relevant organ procurement organization all medals struck pursuant to this Act to individuals or families that, in accordance with section 3, the OPTN contractor has determined to be eligible to receive medals under this Act. (c) Limitation.-- (1) In general.--Except as provided in paragraph (2), only 1 medal may be presented to a family under subsection (b). Such medal shall be presented to the donating family member, or in the case of a deceased donor, the family member who signed the consent form authorizing, or who otherwise authorized, the donation of the organ involved. (2) Exception.--In the case of a family in which more than 1 member is an organ donor, the OPTN contractor may present an additional medal to each such organ donor or their family. SEC. 5. DUPLICATE MEDALS. (a) In General.--The Secretary of Health and Human Services or the OPTN contractor may provide duplicates of the medal described in section 2 to any recipient of a medal under section 4(b), under such regulations as the Secretary of Health and Human Services may issue. (b) Limitation.--The price of a duplicate medal shall be sufficient to cover the cost of such duplicates. SEC. 6. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of section 5111 of title 31, United States Code. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. SEC. 8. SOLICITATION OF DONATIONS. (a) In General.--The Secretary of the Treasury may enter into an agreement with the OPTN contractor to collect funds to offset expenditures relating to the issuance of medals authorized under this Act. (b) Payment of Funds.-- (1) In general.--Except as provided in paragraph (2), all funds received by the Organ Procurement and Transplantation Network under subsection (a) shall be promptly paid by the Organ Procurement and Transplantation Network to the Secretary of the Treasury. (2) Limitation.--Not more than 5 percent of any funds received under subsection (a) shall be used to pay administrative costs incurred by the OPTN contractor as a result of an agreement established under this section. (c) Numismatic Public Enterprise Fund.--Notwithstanding any other provision of law-- (1) all amounts received by the Secretary of the Treasury under subsection (b)(1) shall be deposited in the Numismatic Public Enterprise Fund, as described in section 5134 of title 31, United States Code; and (2) the Secretary of the Treasury shall charge such fund with all expenditures relating to the issuance of medals authorized under this Act. (d) Start-Up Costs.--A 1-time amount not to exceed $55,000 shall be provided to the OPTN contractor to cover initial start-up costs. The amount will be paid back in full within 3 years of the date of the enactment of this Act from funds received under subsection (a). (e) No Net Cost to the Government.--The Secretary of the Treasury shall take all actions necessary to ensure that the issuance of medals authorized under section 2 results in no net cost to the Government. SEC. 9. DEFINITIONS. For purposes of this Act-- (1) the term ``organ'' means the human kidney, liver, heart, lung, pancreas, and any other human organ (other than corneas and eyes) specified by regulation of the Secretary of Health and Human Services or the OPTN contractor; and (2) the term ``Organ Procurement and Transplantation Network'' means the Organ Procurement and Transplantation Network established under section 372 of the Public Health Service Act (42 U.S.C. 274). SEC. 10. SUNSET PROVISION. This Act shall be effective during the 2-year period beginning on the date of the enactment of this Act.

Gift of Life Congressional Medal Act of 2006 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ donors and their families. Requires the Secretary of Health and Human Services to direct the entity holding the Organ Procurement and Transplantation Network to contract to establish an application procedure and determine eligibility. Allows the Secretary of Health and Human Services or the Network contractor to provide duplicates of the medal to any recipient. Allows the Secretary of the Treasury to enter into an agreement with the Network contractor to collect funds to offset expenditures relating to the issuance of medals, which the Secretary shall deposit in the Numismatic Public Enterprise Fund.

{"src": "billsum_train", "title": "To establish a congressional commemorative medal for organ donors and their families."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Dams Safety Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) in 1980, the Secretary of the Interior established a department-wide dam safety program to correct deficiencies identified by inspections of dams; (2) the Bureau of Indian Affairs (hereafter referred to in this Act as the ``BIA'') did not make timely progress toward accomplishing the objectives of the dam safety program and, as a result, 53 dams on Indian lands are considered to present a high hazard to human life in the event of failure; (3) unsafe BIA dams continue to pose an imminent threat to people and property because the dam safety program has not been given a sufficiently high priority either by the BIA or by the Congress; (4) until 1991, the BIA did not have an adequate program to ensure proper periodic maintenance of dams under its jurisdiction and structural problems have often led to seepage and accelerated bank erosion, as well as other unsafe conditions; (5) safe working dams are necessary on Indian lands to supply irrigation water, to provide flood control, to provide water for municipal, industrial, domestic, livestock, and recreation uses, and for fish and wildlife habitats; (6) because of inadequate attention in the past to regular maintenance requirements for BIA dams, the costs for needed repairs and future maintenance are significantly increased; (7) many dams have operation and maintenance deficiencies regardless of their current safety condition classification and the deficiencies must be corrected to avoid future threats to human life and property; and (8) it is necessary to institute a regular dam maintenance and repair program, utilizing expertise either within the BIA, the Indian tribal governments, or other Federal agencies. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Indian tribes.--The term ``Indian tribes'' has the meaning given such term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Dam safety program.--The term ``dam safety program'' means the program established by the Secretary of the Interior by order dated February 28, 1980, to prevent dam failure and the resulting loss of life or serious property damage. (4) Dam safety operation and maintenance program.--The term ``dam safety operation and maintenance program'' means the program established under section 4 of this Act. (5) Dam safety condition classifications.--The term ``dam safety condition classifications'' means the following classifications cited in the Bureau of Reclamation glossary of dam safety terms: (A) Satisfactory.--No existing or potential dam safety deficiencies are recognized. Safe performance is expected under all anticipated conditions. (B) Fair.--No existing dam safety deficiencies are recognized for normal loading conditions. Infrequent hydrologic or seismic events would probably result in a dam safety deficiency. (C) Conditionally poor.--A potential dam safety deficiency is recognized for unusual loading conditions that may realistically occur during the expected life of the structure. (D) Poor.--A potential dam safety deficiency is clearly recognized for normal loading conditions. Immediate actions to resolve the deficiency are recommended; reservoir restrictions may be necessary until resolution of the problem. (E) Unsatisfactory.--A dam safety deficiency exists for normal loading conditions. Immediate remedial action is required for resolution of the problem. SEC. 4. ACTIONS BY SECRETARY. (a) Establishment of Dam Safety Operation and Maintenance Program.--The Secretary shall establish a dam safety operation and maintenance program within the BIA to ensure the regular, recurring, routine maintenance, examination, and monitoring of the condition of each dam identified pursuant to subsection (c) necessary to maintain the dam in a satisfactory condition on a long-term basis. (b) Rehabilitation.--The Secretary is directed to perform such rehabilitation work as is necessary to bring the dams identified pursuant to subsection (c) to a satisfactory condition. Upon the completion of rehabilitation work on each dam, the dam shall be placed under the dam safety operation and maintenance program established pursuant to subsection (a) and shall be regularly maintained under the guidelines of such program. (c) List of Dams.--The Secretary shall develop a comprehensive list of dams located on Indian lands that describes the dam safety condition classifications of each dam, as such terms are defined in section 3(5). (d) Purpose.--Work authorized by this Act shall be for the purposes of dam safety operation and maintenance and not for the purposes of providing additional conservation storage capacity or developing benefits beyond those provided by the original dams and reservoirs. (e) Technical Assistance.--To carry out the purposes of this Act, the Secretary may obtain technical assistance from agencies in addition to the BIA under his jurisdiction, such as the Bureau of Reclamation, or from other departments through memoranda of understanding, such as the Department of Defense. Notwithstanding any such technical assistance, the dam safety program and the dam safety operation and maintenance program shall remain under the direction of the BIA. (f) Contract Authority.--In addition to any other authority established by law, the Secretary is authorized to contract with appropriate Indian tribes to carry out the dam safety operation and maintenance program established pursuant to this Act. SEC. 5. AUTHORIZATION. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Passed the Senate July 20 (legislative day, June 30), 1993. Attest: WALTER J. STEWART, Secretary.

Indian Dams Safety Act of 1993 - Establishes a dam safety operation and maintenance program (program) within the Bureau of Indian Affairs (BIA). Directs the Secretary of the Interior to: (1) develop a comprehensive list of dams located on Indian lands in New Mexico that are in fair, conditionally poor, poor, or unsatisfactory condition; and (2) perform such rehabilitation work as is necessary to bring such dams to a satisfactory condition. Requires that the dam, upon completion of rehabilitation work, be placed under the program and be regularly maintained pursuant to program guidelines. Specifies that work authorized by this Act shall be for the purposes of dam safety operation and maintenance and not to provide additional conservation storage capacity or to develop benefits beyond those provided by the original dams and reservoirs.

{"src": "billsum_train", "title": "Indian Dams Safety Act of 1993"}

SECTION 1. PROCEDURES FOR ADJUDICATION OF CAPITAL PUNISHMENT BY COURTS- MARTIAL. (a) New UCMJ Article.--(1)(A) Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 852 (article 52) the following new section (article): ``Sec. 852a. Art. 52a. Procedures for adjudging capital punishment ``(a) No person may be sentenced by a court-martial to suffer death except as provided in this section (article). ``(b) No person may be sentenced by a court-martial to suffer death unless convicted by the concurrence of all the members of the court- martial present at the time the vote is taken of an offense in this chapter expressly made punishable by death. ``(c) If the trial counsel at a court-martial of an offense under this chapter expressly made punishable by death intends to prove at the trial any aggravating factor set out in subsection (e), the trial counsel shall provide the accused before arraignment with written notice of each such aggravating factor the trial counsel intends to prove. However, failure to provide such notice of an aggravating factor set out in subsection (e) before arraignment shall not bar later notice and proof of that aggravating factor unless the accused demonstrates-- ``(1) that the failure resulted in specific prejudice to the accused; and ``(2) that a continuance or recess is not an adequate remedy for such failure. ``(d)(1) A person may not be sentenced to death by a court-martial unless-- ``(A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (e); ``(B) notice of that aggravating factor was provided in accordance with subsection (c); and ``(C) each member of the court-martial concurs in finding that any extenuating or mitigating circumstances are substantially outweighed by aggravating circumstances, including the aggravating factors set out in subsection (e). ``(2) Findings by the members of a court-martial under paragraph (1) may be based on-- ``(A) evidence introduced on the issue of guilt or innocence; ``(B) evidence introduced during the sentencing proceeding; or ``(C) all such evidence. ``(3) The accused shall be given broad latitude to present matters in extenuation and mitigation. ``(e)(1) A sentence of death may be adjudged by a court-martial only if the members of the court-martial unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors: ``(A) That the offense was committed before or in the presence of the enemy (except that this subparagraph does not apply in the case of an offense under section 918 or 920 of this title (article 118 or 120)). ``(B) That, in committing the offense, the accused intended-- ``(i) to cause a grave risk of substantial damage to the national security; or ``(ii) to cause a grave risk of substantial damage to a mission, system, or function of the United States, but only if substantial damage to the national security of the United States would have resulted had the intended damage been effected. ``(C) That the offense caused substantial damage to the national security of the United States, whether or not the accused intended such damage (except that this subparagraph does not apply in the case of an offense under section 918 or 920 of this title (article 118 or 120)). ``(D) That the accused knowingly created a grave risk of death to one or more persons in addition to the victim of the offense (except that this factor does not apply in the case of an offense under section 920 of this title (article 120)). ``(E) That the accused committed the offense with the intent to avoid hazardous duty. ``(F) That, only in the case of an offense under section 918 or 920 of this title (article 118 or 120), the offense was committed in time of war and in territory in which-- ``(i) the United States or an ally of the United States was then an occupying power; or ``(ii) the armed forces of the United States were then engaged in active hostilities. ``(G) That, only in the case of an offense under section 918(l) of this title (article 118(l)), any of the following is applicable: ``(i) The accused was serving a sentence of confinement for 30 years or more or for life at the time of the offense. ``(ii) The offense was committed while the accused-- ``(I) was engaged in the commission or attempted commission of robbery, rape, aggravated arson, sodomy, burglary, kidnapping, mutiny, sedition, or piracy of an aircraft or vessel; or ``(II) was engaged in flight or attempted flight after the commission or attempted commission of any such offense. ``(iii) The offense was committed for the purpose of receiving money or a thing of value. ``(iv) The accused procured another by means of compulsion, coercion, or a promise of an advantage, a service, or a thing of value to commit the offense. ``(v) The offense was committed with the intent to avoid or to prevent lawful apprehension or effect an escape from custody or confinement. ``(vi) The victim of the offense was-- ``(I) the President, the President-elect, the Vice President (or, if there was no Vice President, the officer next in the order of succession to the office of President), the Vice President-elect, or an individual who is acting as President under the Constitution and laws of the United States; ``(II) a Member of Congress (including a Delegate to, or Resident Commissioner in, the Congress) or Member-of-Congress elect; ``(III) a justice or judge of the United States; ``(IV) a chief of state or head of government (or the political equivalent) of a foreign nation; or ``(V) a foreign official (as such term is defined in section 1116(b)(3)(A) of title 18), if the official was in the United States or on military property of the United States on official business at the time of the offense. ``(vii) The accused at the time of the offense knew that the victim was any of the following in the execution of such person's office: ``(I) A commissioned, warrant, noncommissioned, or petty officer of the armed forces. ``(II) A member of a law enforcement or security activity or agency, including correctional custody personnel. ``(III) A firefighter. ``(viii) The offense was committed with intent to obstruct justice. ``(ix) The offense was preceded by the intentional infliction of substantial physical harm or prolonged, substantial mental or physical pain and suffering to the victim. ``(x) The accused has been found guilty in the same case of another offense under section 918 of this title (article 118). ``(H) That, only in the case of an offense under section 918(4) of this title (article 118(4)), the accused was the actual perpetrator of the killing. ``(I) That, only in the case of an offense under section 920 of this title (article 120)-- ``(i) the victim was under the age of 12; or ``(ii) the accused maimed or attempted to kill the victim. ``(J) That, only in the case of an offense under the law of war, a sentence of death is authorized under the law of war for the offense. ``(K) That, only in the case of an offense under section 904 or 906a the accused has previously been convicted of this title (article 104 or 106a), of another offense involving espionage or treason for which either a sentence of death or a sentence of life imprisonment was authorized by statute. ``(L) That the offense involved such other factors as may be prescribed by the President by regulation, to the extent that such factors concern the national security or otherwise involve a function of the armed forces related to the conduct of hostilities. ``(2) In this subsection, `national security' means the national defense and foreign relations of the United States and specifically includes-- ``(A) a military or defense advantage over any foreign nation or group of nations; ``(B) a favorable foreign relations position; or ``(C) a defense posture capable of successfully resisting hostile or destructive action from within or without. ``(f) The military judge, in the presence of the accused and counsel, shall instruct the members of the court-martial on-- ``(1) such aggravating factors set forth in subsection (e) as may be in issue in the case; ``(2) the requirements and procedures under this section; and ``(3) the requirement to consider all evidence in extenuation and mitigation before they may adjudge a sentence of death. ``(g)(1) In closed session, before voting on a sentence-- ``(A) the members of the court-martial shall vote by secret written ballot separately on each aggravating factor set out in subsection (e) on which they have been instructed; and ``(B) if one or more of the aggravating factors set forth in subsection (e) is found to exist, the members shall then vote by secret written ballot on whether the aggravating circumstances (including any aggravating factors set out in subsection (e)) substantially outweigh any extenuating or mitigating circumstances or, in the absence of any extenuating or mitigating circumstances, whether the aggravating circumstances are themselves sufficient to justify a sentence of death. ``(2) A sentence of death may not be adjudged unless each member of the court-martial concurs-- ``(A) that, with respect to at least one aggravating factor, the existence of such factor has been proved beyond a reasonable doubt; and ``(B) that the aggravating circumstances (including any aggravating factors set out in subsection (e)) substantially outweigh any extenuating or mitigating circumstances or, in the absence of any extenuating or mitigating circumstances, that the aggravating circumstances are themselves sufficient to justify a sentence of death. ``(3) The members of the court-martial shall vote on a sentence under section 852 of this title (article 52). ``(h) If a sentence of death is adjudged, the president of the court-martial shall announce which aggravating factors under subsection (e) were unanimously found by the members. ``(i) Subsections (c) through (h) do not apply with respect to the sentence for an offense under section 106 of this title (article 106).''. (B) The table of sections at the beginning of subchapter VII of such chapter is amended by inserting after the item relating to section 852 (article 52) the following new item: ``852a. Art. 52a. Procedures for adjudging capital punishment.''. (2) Section 852(b)(1) of such title (article 52(b)(1)) is amended by inserting ``as provided in section 852a of this title (article 52a)'' after ``taken''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the 90th day after the date of the enactment of this Act and shall apply to charges first preferred on or after that date.

Amends the Uniform Code of Military Justice (UCMJ) to establish procedures under which a court-martial may prescribe the death sentence. Requires that: (1) the sentence of death be concurred in unanimously; (2) the offense must be one expressly made punishable by death; and (3) the trial counsel must notify the accused of the intent to prove the existence of an aggravating factor, which is required before a sentence of death may be pronounced. Lists aggravating factors, including committing an offense in the presence of the enemy, presenting a grave risk to national security, and attempting to avoid hazardous duty. Requires the military judge, in the presence of the accused and counsel, to instruct the members of the court-martial on the aggravating factors, all applicable requirements and procedures, and the requirement to consider all evidence in extenuation and mitigation before adjudging a sentence of death. Prohibits a death sentence from being adjudged unless each member of the court-martial concurs that: (1) at least one aggravating factor has been proven beyond a reasonable doubt; and (2) the aggravating circumstances substantially outweigh any extenuating or mitigating circumstances or are themselves sufficient to justify a sentence of death. Requires that any aggravating factors found be announced by the military judge upon determination of the death sentence.

{"src": "billsum_train", "title": "To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to establish procedures for the adjudication by courts-martial of sentences of capital punishment."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Hospitals Education Equity and Research (CHEER) Act of 2004''. SEC. 2. REAUTHORIZATION OF CHILDREN'S HOSPITALS GRADUATE MEDICAL EDUCATION PROGRAM. (a) Extension of Program.--Section 340E(a) of the Public Health Service Act (42 U.S.C. 256e(a)) is amended by striking ``2005'' and inserting ``2010''. (b) Description of Amount of Payments.--Section 340E(b) of the Public Health Service Act (42 U.S.C. 256e(b)) is amended-- (1) in paragraph (1)(B), by striking ``relating to teaching residents in such'' and inserting ``associated with graduate medical residency training''; and (2) in paragraph (2)(A), by inserting before the period at the end ``, except that for purposes of this paragraph such total excludes amounts that remain available from a previous fiscal year under paragraph (1)(B) or (2)(B) of subsection (f)''. (c) Direct Graduate Medical Education.--Section 340E(c) of the Public Health Service Act (42 U.S.C. 256e(c)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``product'' and inserting ``sum''; (B) in subparagraph (A), by striking ``(A) the updated per resident'' and inserting the following: ``(A) the product of-- ``(i) the updated per resident''; (C) by redesignating subparagraph (B) as clause (ii) and indenting appropriately; (D) in subparagraph (A)(ii) (as so redesignated)-- (i) by inserting ``, but without giving effect to section 1886(h)(7) of such Act)'' after ``section 1886(h)(4) of the Social Security Act''; and (ii) by striking the period and inserting ``; and''; and (E) by inserting after subparagraph (A) the following: ``(B) amounts for other approved education programs that are provider-operated, as defined for purposes of Medicare payment, limited to not more than 30 percent of costs that would be allowed for such programs under Medicare rules for hospitals reimbursed under section 1886(d) of the Social Security Act.''; and (2) in paragraph (2)(B), by inserting before the period at the end ``, without giving effect to section 1886(d)(3)(E)(ii) of the Social Security Act''. (d) Indirect Graduate Medical Education.--Section 340E(d) of the Public Health Service Act (42 U.S.C. 256e(d)) is amended-- (1) in paragraph (1), by striking ``related to'' and inserting ``associated with''; and (2) in paragraph (2)(A)-- (A) by inserting ``ratio of the'' after ``hospitals and the''; and (B) by inserting at the end before the semicolon ``to beds (but excluding beds or bassinets assigned to healthy newborn infants)''. (e) Nature of Payments.--Section 340E(e) of the Public Health Service Act (42 U.S.C. 256e(e)) is amended-- (1) in paragraph (2), by striking the first sentence; (2) in paragraph (3), by striking ``recoup any overpayments made to pay any balance due to the extent possible'' and all that follows through the end of the paragraph and inserting the following: ``recoup any overpayments made and pay any balance due. To the greatest extent possible, amounts recouped from a hospital are to be distributed to other hospitals in the same fiscal year. Amounts recouped from a hospital and not disbursed to other hospitals in the same fiscal year shall remain available for distribution during the subsequent fiscal year. Unless there is fraud, amounts paid to a hospital without a demand for recoupment by the end of the fiscal year shall be final and not subject to recoupment.''; and (3) by adding at the end the following: ``(4) Appeals.-- ``(A) In general.--A decision affecting the amount payable to a hospital pursuant to this section shall-- ``(i) be subject to review under section 1878 of the Social Security Act in the same manner as final determinations of a fiscal intermediary of the amount of payment under section 1886(d) of such Act are subject to review; and ``(ii) be handled expeditiously so that the review decision is reflected in the final reconciliation for the year in which the appeal is made. ``(B) Limitation.--A review decision pursuant to this section shall not affect payments for a fiscal year prior to the fiscal year in which the review decision is rendered. ``(C) Application to subsequent fiscal years.--The Secretary shall apply a review decision in determining the amount of payment for the appealing hospital in the fiscal year in which the decision is rendered and in subsequent years, unless the law at issue in the review decision is amended or there are material differences between the facts for the fiscal year for which the review decision is rendered and the year for which payment is made. Nothing in this section shall be construed to prohibit a hospital from appealing similar determinations in subsequent periods.''. (f) Authorization of Appropriations.--Section 340E(f) of the Public Health Service Act (42 U.S.C. 256e(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) in clause (ii), by striking ``and''; (ii) in clause (iii), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(iv) for fiscal year 2006, $110,000,000; and ``(v) for each of fiscal years 2007 through 2010, such sums as may be necessary, including an annual adjustment to reflect increases in the Consumer Price Index.''; and (B) in subparagraph (B), by striking ``for fiscal year 2000'' and all that follows and inserting ``for fiscal year 2006 and each subsequent fiscal year shall remain available for obligation for the year appropriated and the subsequent fiscal year.''; and (2) in paragraph (2)-- (A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; (B) by striking ``There are hereby authorized'' and inserting the following: ``(A) In general.--There are authorized''; (C) in clause (ii) (as redesignated by this paragraph), by striking ``and''; (D) in clause (iii) (as redesignated by this paragraph), by striking the period at the end and inserting a semicolon; (E) by adding at the end of subparagraph (A) (as designated by this paragraph), the following: ``(iv) for fiscal year 2006, $220,000,000; and ``(v) for each of fiscal years 2007 through 2010, such sums as may be necessary, including an annual adjustment to reflect increases in the Consumer Price Index.''; and (F) at the end of paragraph (2), by adding the following: ``(B) Carryover of excess.--To the extent that amounts are not expended in the year for which they are appropriated, the amounts appropriated under subparagraph (A) for fiscal year 2006 and each subsequent fiscal year shall remain available for obligation through the end of the following fiscal year.''. (g) Definitions.--Paragraph (3) of section 340E(g) of the Public Health Service Act (42 U.S.C. 256e(g)) is amended by striking ``has'' and all that follows through the end of the sentence and inserting ``-- ``(A) has the meaning given such term in section 1886(h)(5)(C) of the Social Security Act; and ``(B) includes costs of approved educational activities, as such term is used in section 1886(a)(4) of the Social Security Act.''.

Children's Hospitals Education Equity and Research (CHEER) Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for costs associated with operating approved graduate medical resident training programs.

{"src": "billsum_train", "title": "To reauthorize the Children's Hospitals Graduate Medical Education Program."}

SECTION 1. SHORT TITLE. This title may be cited as the ``FHA Manufactured Housing Loan Modernization Act of 2006''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) manufactured housing plays a vital role in providing housing for low- and moderate-income families in the United States; (2) the FHA title I insurance program for manufactured home loans traditionally has been a major provider of mortgage insurance for home-only transactions; (3) the manufactured housing market is in the midst of a prolonged downturn which has resulted in a severe contraction of traditional sources of private lending for manufactured home purchases; (4) during past downturns the FHA title I insurance program for manufactured homes has filled the lending void by providing stability until the private markets could recover; (5) in 1992, during the manufactured housing industry's last major recession, over 30,000 manufactured home loans were insured under title I; (6) in 2004, fewer than 2,000 manufactured housing loans were insured under title I; (7) the loan limits for title I manufactured housing loans have not been adjusted for inflation since 1992; and (8) these problems with the title I program have resulted in an atrophied market for manufactured housing loans, leaving American families who have the most difficulty achieving homeownership without adequate financing options for home-only manufactured home purchases. (b) Purposes.--The purposes of this Act are-- (1) to provide adequate funding for FHA-insured manufactured housing loans for low- and moderate-income homebuyers during all economic cycles in the manufactured housing industry; (2) to modernize the FHA title I insurance program for manufactured housing loans to enhance participation by Ginnie Mae and the private lending markets; and (3) to adjust the low loan limits for title I manufactured home loan insurance to reflect the increase in costs since such limits were last increased in 1992 and to index the limits to inflation. SEC. 3. EXCEPTION TO LIMITATION ON FINANCIAL INSTITUTION PORTFOLIO. The second sentence of section 2(a) of the National Housing Act (12 U.S.C. 1703(a)) is amended-- (1) by striking ``In no case'' and inserting ``Other than in connection with a manufactured home or a lot on which to place such a home (or both), in no case''; and (2) by striking ``: Provided, That with'' and inserting ``. With''. SEC. 4. INSURANCE BENEFITS. (a) In General.--Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), is amended by adding at the end the following new paragraph: ``(8) Insurance benefits for manufactured housing loans.-- Any contract of insurance with respect to loans, advances of credit, or purchases in connection with a manufactured home or a lot on which to place a manufactured home (or both) for a financial institution that is executed under this title after the date of the enactment of the FHA Manufactured Housing Loan Modernization Act of 2006 by the Secretary shall be conclusive evidence of the eligibility of such financial institution for insurance, and the validity of any contract of insurance so executed shall be incontestable in the hands of the bearer from the date of the execution of such contract, except for fraud or misrepresentation on the part of such institution.''. (b) Applicability.--The amendment made by subsection (a) shall only apply to loans that are registered or endorsed for insurance after the date of the enactment of this Act. SEC. 5. MAXIMUM LOAN LIMITS. (a) Dollar Amounts.--Paragraph (1) of section 2(b) of the National Housing Act (12 U.S.C. 1703(b)(1)) is amended-- (1) in clause (ii) of subparagraph (A), by striking ``$17,500'' and inserting ``$24,500''; (2) in subparagraph (C) by striking ``$48,600'' and inserting ``$68,040''; (3) in subparagraph (D) by striking ``$64,800'' and inserting ``$90,720''; (4) in subparagraph (E) by striking ``$16,200'' and inserting ``$22,680''; and (5) by realigning subparagraphs (C), (D), and (E) 2 ems to the left so that the left margins of such subparagraphs are aligned with the margins of subparagraphs (A) and (B). (b) Annual Indexing.--Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraph: ``(9) Annual indexing of manufactured housing loans.--The Secretary shall develop a method of indexing in order to annually adjust the loan limits established in subparagraphs (A)(ii), (C), (D), and (E) of this subsection. Such index shall be based on the manufactured housing price data collected by the United States Census Bureau. The Secretary shall establish such index no later than one year after the date of the enactment of the FHA Manufactured Housing Loan Modernization Act of 2006.'' (c) Technical and Conforming Changes.--Paragraph (1) of section 2(b) of the National Housing Act (12 U.S.C. 1703(b)(1)) is amended-- (1) by striking ``No'' and inserting ``Except as provided in the last sentence of this paragraph, no''; and (2) by adding after and below subparagraph (G) the following: ``The Secretary shall, by regulation, annually increase the dollar amount limitations in subparagraphs (A)(ii), (C), (D), and (E) (as such limitations may have been previously adjusted under this sentence) in accordance with the index established pursuant to paragraph (9).''. SEC. 6. INSURANCE PREMIUMS. Subsection (f) of section 2 of the National Housing Act (12 U.S.C. 1703(f)) is amended-- (1) by inserting ``(1) Premium Charges.--'' after ``(f)''; and (2) by adding at the end the following new paragraph: ``(2) Manufactured Home Loans.--Notwithstanding paragraph (1), in the case of a loan, advance of credit, or purchase in connection with a manufactured home or a lot on which to place such a home (or both), the premium charge for the insurance granted under this section shall be paid by the borrower under the loan or advance of credit, as follows: ``(A) At the time of the making of the loan, advance of credit, or purchase, a single premium payment in an amount not to exceed 2.25 percent of the amount of the original insured principal obligation. ``(B) In addition to the premium under subparagraph (A), annual premium payments during the term of the loan, advance, or obligation purchased in an amount not exceeding 1.0 percent of the remaining insured principal balance (excluding the portion of the remaining balance attributable to the premium collected under subparagraph (A) and without taking into account delinquent payments or prepayments). ``(C) Premium charges under this paragraph shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary, to maintain a negative credit subsidy for the program under this section for insurance of loans, advances of credit, or purchases in connection with a manufactured home or a lot on which to place such a home (or both), as determined based upon risk to the Federal Government under existing underwriting requirements. ``(D) The Secretary may increase the limitations on premium payments to percentages above those set forth in subparagraphs (A) and (B), but only if necessary, and not in excess of the minimum increase necessary, to maintain a negative credit subsidy as described in subparagraph (C).''. SEC. 7. TECHNICAL CORRECTIONS. (a) Dates.--Subsection (a) of section 2 of the National Housing Act (12 U.S.C. 1703(a)) is amended-- (1) by striking ``on and after July 1, 1939,'' each place such term appears; and (2) by striking ``made after the effective date of the Housing Act of 1954''. (b) Authority of Secretary.--Subsection (c) of section 2 of the National Housing Act (12 U.S.C. 1703(c)) is amended to read as follows: ``(c) Handling and Disposal of Property.-- ``(1) Authority of secretary.--Notwithstanding any other provision of law, the Secretary may-- ``(A) deal with, complete, rent, renovate, modernize, insure, or assign or sell at public or private sale, or otherwise dispose of, for cash or credit in the Secretary's discretion, and upon such terms and conditions and for such consideration as the Secretary shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by the Secretary, in connection with the payment of insurance heretofore or hereafter granted under this title, including any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with the payment of insurance heretofore or hereafter granted under this section; and ``(B) pursue to final collection, by way of compromise or otherwise, all claims assigned to or held by the Secretary and all legal or equitable rights accruing to the Secretary in connection with the payment of such insurance, including unpaid insurance premiums owed in connection with insurance made available by this title. ``(2) Advertisements for proposals.--Section 3709 of the Revised Statutes shall not be construed to apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of such property if the amount thereof does not exceed $25,000. ``(3) Delegation of authority.--The power to convey and to execute in the name of the Secretary, deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real or personal property or any interest therein heretofore or hereafter acquired by the Secretary pursuant to the provisions of this title may be exercised by an officer appointed by the Secretary without the execution of any express delegation of power or power of attorney. Nothing in this subsection shall be construed to prevent the Secretary from delegating such power by order or by power of attorney, in the Secretary's discretion, to any officer or agent the Secretary may appoint.''. SEC. 8. REVISION OF UNDERWRITING CRITERIA. (a) In General.--Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraph: ``(10) Financial soundness of manufactured housing program.--The Secretary shall establish such underwriting criteria for loans and advances of credit in connection with a manufactured home or a lot on which to place a manufactured home (or both), including such loans and advances represented by obligations purchased by financial institutions, as may be necessary to ensure that the program under this title for insurance for financial institutions against losses from such loans, advances of credit, and purchases is financially sound.''. (b) Timing.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall revise the existing underwriting criteria for the program referred to in paragraph (10) of section 2(b) of the National Housing Act (as added by subsection (a) of this section) in accordance with the requirements of such paragraph. Passed the House of Representatives July 25, 2006. Attest: KAREN L. HAAS, Clerk.

FHA Manufactured Housing Loan Modernization Act of 2006 - Amends the National Housing Act with respect to Federal Housing Administration (FHA) housing loan insurance for manufactured homes (or lots for such homes). Exempts such loans from certain financial institution portfolio limits, increasing an allowable claim for loss from 10% to 90% of an institution's total amount of such loans, credit advances, and purchases. Makes any new contract of insurance for such loans, credit advances, or purchases conclusive evidence of an institution's insurance eligibility. (Thus requires each loan to be insured individually instead of as part of a bundle of such loans.) Increases loan limits, requiring annual indexing. Sets forth borrower premium charges, including an up-front premium of up to 2.25% and an annual premium of up to 1%. Revises requirements for the handling and disposal of any real or personal conveyed to or acquired by the Secretary of Housing and Urban Development (HUD), and the pursuit of all claims against mortgagors assigned to the Secretary by mortgagees. Directs the Secretary of HUD to establish underwriting criteria that will ensure the manufactured housing program's financial soundness.

{"src": "billsum_train", "title": "To modernize the manufactured housing loan insurance program under title I of the National Housing Act."}

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Persian Gulf Security Cost Fairness Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) the several key oil-producing countries that relied on the United States for their military protection in 1990 and 1991, including during the Persian Gulf conflict, and continue to depend on the United States for their security and stability, should share in the responsibility for that stability and security commensurate with their national capabilities; and (2) the countries of the Gulf Cooperation Council (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates) have the economic capability to contribute more toward their own security and stability and therefore these countries should contribute commensurate with that capability. SEC. 3. EFFORTS TO INCREASE BURDENSHARING BY COUNTRIES IN THE PERSIAN GULF REGION BENEFITTING FROM UNITED STATES MILITARY PRESENCE. The President shall seek to have each country in the Persian Gulf region to which the United States extends military protection (either through security agreements, basing arrangements, or mutual participation in multinational military organizations or operations) take one or more of the following actions: (1) For any country in which United States military personnel are assigned to permanent duty ashore, increase its financial contributions to the payment of the nonpersonnel costs incurred by the United States government for stationing United States military personnel in that country, with the goal of achieving by September 30, 2003, 75 percent of such costs. An increase in financial contributions by any country under this paragraph may include the elimination of taxes, fees, or other charges levied on the United States military personnel, equipment, or facilities stationed in that country. (2) Increase its annual budgetary outlays for national defense as a percentage of its gross domestic product by 10 percent or at least to a level commensurate to that of the United States by September 30, 2001. (3) Increase its annual budgetary outlays for foreign assistance (to promote democratization, economic stabilization, transparency arrangements, defense economic conversion, respect for the rule of law, and internationally recognized human rights) by 10 percent or at least to a level commensurate to that of the United States by September 30, 2001. (4) Increase the amount of military assets (including personnel, equipment, logistics, support and other resources) that it contributes, or would be prepared to contribute, to military activities in the Persian Gulf region. SEC. 4. AUTHORITIES TO ENCOURAGE ACTIONS BY UNITED STATES ALLIES. In seeking the actions described in section 3 with respect to any country, or in response to a failure by any country to undertake one or more of such actions, the President may take any of the following measures to the extent otherwise authorized by law: (1) Reduce the end strength level of members of the Armed Forces assigned to permanent or part-time duty in the Persian Gulf region. (2) Impose on those countries fees or other charges similar to those that such countries impose on United States forces stationed in such countries. (3) Suspend, modify, or terminate any bilateral security agreement the United States has with that country, consistent with the terms of such agreement. (4) Reduce (through rescission, impoundment, or other appropriate procedures as authorized by law) any United States bilateral assistance appropriated for that country. (5) Take any other action the President determines to be appropriate as authorized by law. SEC. 5. REPORT ON PROGRESS IN INCREASING ALLIED BURDENSHARING. Not later than March 1, 2001, the Secretary of Defense shall submit to Congress a report on-- (1) steps taken by other countries to complete the actions described in section 3; (2) all measure taken by the President, including those authorized in section 4, to achieve the actions described in section 3; (3) the difference between the amount allocated by other countries for each of the actions described in section 3 during the period beginning on October 1, 2000, and ending on September 30, 2001, and during the period beginning on October 1, 2001, and ending on September 30, 2002; and (4) the budgetary savings to the United States that are expected to accrue as a result of the steps described under paragraph (1). SEC. 6. REVIEW AND REPORT ON NATIONAL SECURITY BASES FOR FORWARD DEPLOYMENT AND BURDENSHARING RELATIONSHIPS. (a) Review.--In order to ensure the best allocation of budgetary resources, the President shall undertake a review of the status of elements of the United States Armed Forces that are permanently stationed outside the United States. The review shall include an assessment of the following: (1) The requirements that are to be found in agreements between the United States and the allies of the United States in the Persian Gulf region. (2) The national security interests that support permanent stationing of elements of the United States Armed Forces outside the United States. (3) The stationing costs associated with forward deployment of elements of the United States Armed Forces. (4) The alternatives available to forward deployment (such as material prepositioning, enhanced airlift and sealift, or joint training operations) to meet such requirements or national security interests, with such alternatives identified and described in detail. (5) The costs and force structure configurations associated with such alternatives to forward deployment. (6) The financial contributions that allies of the United States in the Persian Gulf region make to common defense efforts (to promote democratization, economic stabilization, transparency arrangements, defense economic conversion, respect for the rule of law, and internationally recognized human rights). (7) The contributions that allies of the United States in the Persian Gulf region make to meeting the stationing costs associated with the forward deployment of elements of the United States Armed Forces. (8) The annual expenditures of the United States and its allies in the Persian Gulf region on national defense, and the relative percentages of each country's gross domestic product constituted by those expenditures. (b) Report.--The President shall submit to Congress a report on the review under subsection (a). The report shall be submitted not later than March 1, 2001, in classified and unclassified form.

Directs the President to seek to have each country in the Persian Gulf region to which the United States extends military protection take one or more specified financial and budgetary actions to increase their burdensharing. Authorizes the President, in seeking such actions or in responding to a country's failure to undertake one or more of them, to: (1) reduce the end strength level of members of the Armed Forces assigned to permanent or part-time duty in the Persian Gulf region; (2) impose on the country fees or other charges similar to those such countries impose on U.S. forces stationed in them; (3) suspend, modify, or terminate any bilateral security agreement the United States has with that country; (4) reduce any U.S. bilateral assistance appropriated for that country; or (5) take any other appropriate action. Directs the Secretary of Defense to report to Congress on: (1) steps taken by other countries to complete the actions required by this Act; (2) all measures taken by the President to achieve such actions; (3) amounts such countries have allocated to take such actions; and (4) the budgetary savings to the United States expected to accrue as a result of the steps taken under this Act. Requires the President to review and report to Congress on the status of elements of the U.S. Armed Forces permanently stationed outside the United States, including the national security bases for forward deployment and burdensharing relationships.

{"src": "billsum_train", "title": "Persian Gulf Security Cost Fairness Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Software Privacy and Control Act''. SEC. 2. DEFINITIONS. As used in this Act, the following definitions apply: (1) The terms ``computer'' and ``protected computer'' have the meanings given such terms in section 1030(e) of title 18, United States Code. (2) The term ``computer software'' means a sequence of instructions written in any programming language that is stored or executed on a computer. Such term shall not include computer software that is a Web page, or data components of Web pages that are not executable independently of the Web page. (3) The term ``disable'', with regards to computer software, or a component thereof, means to permanently prevent such software or component from executing any of the functions described in section 3 that such software is otherwise capable of executing, unless the owner or operator of a protected computer takes a subsequent affirmative action to enable the execution of such functions. (4) The terms ``execute'', ``execution'', and ``executable'', when used with respect to computer software, refer to the performance of the functions or the carrying out of the instructions of the computer software. (5) The term ``first retail sale'' means the first sale of a computer, for a purpose other than resale, after the manufacture, production, or importation of the computer. For purposes of this paragraph, the lease of a computer shall be considered a sale of the computer at retail. (6) The term ``Internet'' has the meaning given such term in section 1302(6) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501(6)). (7) The term ``owner or operator'', with respect to a protected computer, shall not include any person who owns a computer prior to the first retail sale of such computer. (8) The term ``person'' has the meaning given that term in section 1030(e)(12) of title 18, United States Code. (9) The term ``personal information'' means-- (A) a first and last name; (B) a home or other physical address including street name; (C) an electronic mail address; (D) a telephone number; (E) a Social Security number; (F) a credit card or bank account number or any password or access code associated with a credit card or bank account; and (G) a birth certificate number. (10) The term ``removal utility'' means a means by which the owner or operator of a protected computer can remove, delete, or disable computer software, or a component thereof. (11) The term ``transmit'' means to transfer, send, or make available computer software, or any component thereof, via the Internet or any other medium, including local area networks of computers, other non-wire transmission, and disc or other data storage device, for the purpose of or resulting in an economic benefit to the person transferring, sending, or making available such computer software, or component thereof, derived from the transmission or execution of such software, or component thereof. Such term shall not include any action by a person providing-- (A) the Internet connection, telephone connection, or other means of transmission capability such as a compact disk or digital video disk through which the software was made available; (B) the storage or hosting of the software program or an Internet Web page through which the software was made available; or (C) an information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the software, unless such person receives a direct economic benefit from the execution of such software on the protected computer. (12) The term ``Web page'' means a location that has a single Uniform Resource Locator with respect to the World Wide Web or other single location with respect to the Internet. SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN THE TRANSMISSION OF COMPUTER SOFTWARE. (a) Deceptive Acts Prohibited.--It is unlawful for any person knowingly to transmit to a protected computer owned or operated by another person, or transmit to a protected computer prior to the first retail sale of such computer, any computer software, or any component thereof, that-- (1) collects personal information about an owner or operator of that protected computer and transfers such information to any person other than such owner or operator; (2) monitors or analyzes the content of the Internet web pages accessed by an owner or operator of such computer and transfers information regarding the accessing of such web pages to any person other than such owner or operator; or (3) modifies default computer settings or computer settings previously selected by the owner or operator of that computer that affect-- (A) the Web page that is first displayed by computer software used to access and navigate the Internet, such as an Internet browser; (B) Internet connection settings, the modification of which can result in financial charges to the owner or operator without the owner or operator's knowledge; or (C) the actions or operations of any service offered by a provider of a service used to search the Internet, or files and data stored on the protected computer, unless, before the execution of the functions described in paragraphs (1) through (3), notice of such functions is provided to, and consent to such execution is obtained from, such owner or operator, and such software, or component thereof, includes a removal utility. (b) Requirements for Advertising Software.-- (1) Notice and consent.--It is unlawful for any person knowingly to transmit to a protected computer owned or operated by another person, or transmit to a protected computer prior to the first retail sale of such computer, any computer software, or any component thereof, that includes a function to deliver or display advertisements, unless, before the execution of such function, notice of such function is provided to, and the consent to such execution is obtained from, such owner or operator, and such software, or component thereof, includes a removal utility. (2) Software displayed as a web page.--The requirements of paragraph (1) shall apply to computer software containing a function to deliver advertisements displayed as a Web page or by other means, but shall not include software that is a Web page or a component of a Web page. (c) Knowledge Requirement.--For purposes of this section, the term ``knowingly'', used with respect to transmitting computer software, or a component thereof, means that the person transmitting has actual knowledge that the software or component transmitted has the capacity to execute any of the functions described in this section. (d) Notice and Consent Requirements.-- (1) Notice.--The notice required under subsections (a) and (b)-- (A) shall not be materially false or misleading; and (B) shall include a description of and directions for the removal utility, or instructions for the removal, deletion, or disabling of the software, or component thereof. (2) Consent.--The consent required under subsections (a) and (b) shall be contiguous to the notice required under such subsections, such that the owner or operator of the protected computer may reasonably understand the function or functions to which such consent is granted. (3) Definition.--For purposes of this subsection, the term ``materially false or misleading notice'' includes-- (A) a failure to describe any of the functions requiring notice; and (B) an unauthorized material modification to or obstruction of a notice, description, or warning provided by computer software previously stored or executed on the protected computer. SEC. 4. ENFORCEMENT. (a) Federal Trade Commission.-- (1) Unfair or deceptive act or practice.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57a(a)). (2) Actions by the commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (b) Criminal Penalties.-- (1) In general.--Section 1030(a) of title 18, United States Code, is amended-- (A) by inserting ``or'' at the end of paragraph (7); and (B) by adding at the end the following: ``(8) knowingly causes the transmission of a program, information, code, or command with the intent to obtain access without authorization or exceeding authorized access to a protected computer by means of a knowingly and materially false or misleading notice or description of function, effect, or origin of such computer software;''. (2) Definitions.--Section 1030(e) of title 18, United States Code, is amended-- (A) in paragraph (6)-- (i) by inserting ``, or to obtain further access to or control over the computer'' after ``in the computer''; and (ii) by striking ``or alter'' and inserting ``, alter, access, or control''; and (B) by adding at the end the following: ``(13) The term `knowingly and materially false or misleading notice or description' includes a knowing and material omission regarding function of program, information, code, or command that provides access to or control over a protected computer.''. (3) Penalties.--Section 1030(c)(3) of title 18, United States Code is amended-- (A) in subparagraph (A), by striking ``or (a)(7)'' and inserting ``(a)(7), or (a)(8)''; and (B) in subparagraph (B), by striking ``or (a)(7)'' and inserting ``(a)(7), or (a)(8)''. (c) State Action.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a violation of section 3 of this Act, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with this Act; or (C) obtain damages, restitution, or other compensation on behalf of residents of the State. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Federal Trade Commission-- (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before filing of the action. In such case, the attorney general of a State shall provide notice and a copy of the complaint to the Federal Trade Commission at the same time as the attorney general files the action. (3) Intervention by federal trade commission.-- (A) In general.--On receiving notice under paragraph (2), the Federal Trade Commission shall have the right to intervene in the action that is the subject of the notice. (B) Effect of intervention.--If the Federal Trade Commission intervenes in an action under subparagraph (A), it shall have the right-- (i) to be heard with respect to any matter that arises in that action; and (ii) to file a petition for appeal. (4) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (5) Preemption.--In any case in which an action is instituted by or on behalf of the Commission for a violation of section 3, no State may, during the pendency of that action, institute an action under paragraph (1) against any defendant named in the complaint in that action. (6) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 5. EFFECT ON OTHER LAWS. This Act supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the transmission of computer software similar to that described in section 3. SEC. 6. LAW ENFORCEMENT REPORTING REQUIREMENTS. (a) Semiannual Reports to Congress on Transmission of Computer Software for Surveillance Activities.--Not later than 1 year after the date of enactment of this Act, and every 6 months thereafter, the Attorney General shall transmit to the Committees on the Judiciary of the Senate and of the House of Representatives a report concerning any warrant, order, or extension of an order applied for by law enforcement agencies of the Department of Justice, whose implementation involved the transmission or execution of computer software on a protected computer to record computer activity or intercept any wire, oral, or electronic communications. Such reports shall include information concerning-- (1) the type of warrant, order, or extension of an order applied for; (2) the information sought by the warrant, period of interceptions authorized by the order, and the number and duration of any extensions of the warrant or order; (3) the offense specified in the application, warrant, order, or extension of an order; (4) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; (5) the nature of the facilities from which or place where activities were to be recorded or communications were to be intercepted; (6) a general description of the recordings or interceptions made under such order or extension, including-- (A) the approximate nature and frequency of incriminating activities recorded or communications intercepted; (B) the approximate nature and frequency of other activities recorded or communications intercepted; (C) the approximate number of persons whose activities were recorded or communications were intercepted; (D) the number of warrants or orders in which encryption was encountered and whether such encryption prevented law enforcement from obtaining access to any information pursuant to such warrant or the plain text of communications intercepted pursuant to such order; and (E) the approximate nature, amount, and cost of the manpower and other resources used in the recordings or interceptions; (7) the number of arrests resulting from recordings or interceptions made under such warrant, order, or extension of an order, and the offenses for which arrests were made; (8) the number of trials resulting from such recordings or interceptions; (9) the number of motions to suppress made with respect to such recordings or interceptions, and the number of such motions granted or denied; (10) the number of convictions resulting from such recordings or interceptions and the offenses for which the convictions were obtained, and a general assessment of the importance of the recordings or interceptions; and (11) the specific persons authorizing the use of such computer software in the implementation of such warrant, order, or extension of an order.

Computer Software Privacy and Control Act of 2004 - Makes it unlawful for any person to transmit to a protected computer owned and operated by another person, or to transmit to such computer prior to its first retail sale, any computer software, or component thereof, that: (1) collects personal information about an owner or operator and transfers the information to any person other than such owner or operator; (2) monitors or analyzes the content of the Internet web pages accessed by a computer owner or operator and transfers that information to any person other than the owner or operator; or (3) modifies default computer settings selected by the owner or operator that affect the Web page first displayed, the Internet connection settings, or the actions or operations of any Internet search service offered by a provider of such services, unless, before any of actions above, notice is provided to, and consent is received from, such owner or operator, and such software or component includes a removal utility. Makes it unlawful for a person to transmit to a protected computer any software that includes a function to deliver or display advertisements, unless notice is provided to, and consent is received from, the owner or operator. Provides for enforcement of such prohibitions through: (1) the Federal Trade Commission; (2) criminal proceedings; or (3) State actions on behalf of its residents. Requires semiannual reports from the Attorney General to the congressional judiciary committees concerning actions on warrants or other orders applied for by law enforcement agencies whose implementation involved the transmission or execution of computer software on a protected computer to record computer activity or to intercept any wire, oral, or electronic communications.

{"src": "billsum_train", "title": "To prevent deceptive software transmission practices in order to safeguard computer privacy, maintain computer control, and protect Internet commerce."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fraud and Abuse Act of 1994''. SEC. 2. EXPANSION OF CIVIL AND CRIMINAL MONETARY SANCTIONS. (a) Civil Sanctions.--Section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) is amended-- (1) in subsections (a) and (b), by striking ``$2,000'' each place it appears and inserting ``$5,000'', (2) in the second sentence of subsection (a), by striking ``not more than twice'' and inserting ``not more than three times'', and (3) by adding at the end the following new subsection: ``(m)(1) The maximum civil monetary penalty amounts specified in subsections (a) and (b) shall be adjusted for inflation as provided in this subsection. ``(2) Not later than December 1, 1999, and December 1 of each fifth calendar year thereafter, the Secretary shall prescribe and publish in the Federal Register a schedule of maximum authorized penalties that shall apply for violations that occur after January 1 of the year immediately following such publication. ``(3) The schedule of maximum authorized penalties shall be prescribed by increasing each of the amounts specified in subsections (a) and (b) by the cost-of-living adjustment for the preceding five years. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000. ``(4) For purposes of this subsection: ``(A) The term `cost-of-living adjustment for the preceding five years' means the percentage by which-- ``(i) the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds ``(ii) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted under this subsection. ``(B) The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor.''. (b) Treble Damages for Criminal Sanctions.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended by adding at the end the following new subsection: ``(f) In addition to the fines that may be imposed under subsection (a), (b), or (c), any individual found to have violated the provisions of any of such subsections may be subject to treble damages.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1995. SEC. 3. APPLICATION OF FEDERAL HEALTH ANTI-FRAUD AND ABUSE SANCTIONS TO ALL FRAUD AND ABUSE AGAINST ANY HEALTH BENEFIT PLAN. (a) Civil Monetary Penalties.--Section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) is amended as follows: (1) In subsection (a)(1), in the matter before subparagraph (A), by inserting ``or of any health benefit plan,'' after ``subsection (i)(1)),''. (2) In subsection (b)(1)(A), by inserting ``or under a health benefit plan'' after ``title XIX''. (3) In subsection (f)-- (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: ``(3) With respect to amounts recovered arising out of a claim under a health benefit plan, the portion of such amounts as is determined to have been paid by the plan shall be repaid to the plan.''. (4) In subsection (i)-- (A) in paragraph (2), by inserting ``or under a health benefit plan'' before the period at the end, and (B) in paragraph (5), by inserting ``or under a health benefit plan'' after ``or XX''. (b) Crimes.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended as follows: (1) In the heading, by adding at the end the following: ``or health benefit plans''. (2) In subsection (a)(1)-- (A) by striking ``title XVIII or'' and inserting ``title XVIII,'', and (B) by adding at the end the following: ``or a health benefit plan (as defined in section 1128(i)),''. (3) In subsection (a)(5), by striking ``title XVIII or a State health care program'' and inserting ``title XVIII, a State health care program, or a health benefit plan''. (4) In the second sentence of subsection (a)-- (A) by inserting after ``title XIX'' the following: ``or a health benefit plan'', and (B) by inserting after ``the State'' the following: ``or the plan''. (5) In subsection (b)(1), by striking ``title XVIII or a State health care program'' each place it appears and inserting ``title XVIII, a State health care program, or a health benefit plan''. (6) In subsection (b)(2), by striking ``title XVIII or a State health care program'' each place it appears and inserting ``title XVIII, a State health care program, or a health benefit plan''. (7) In subsection (b)(3), by striking ``title XVIII or a State health care program'' each place it appears in subparagraphs (A) and (C) and inserting ``title XVIII, a State health care program, or a health benefit plan''. (8) In subsection (d)(2)-- (A) by striking ``title XIX,'' and inserting ``title XIX or under a health benefit plan,'', and (B) by striking ``State plan,'' and inserting ``State plan or the health benefit plan,''. (c) Health Benefit Plan Defined.--Section 1128 of the Social Security Act (42 U.S.C. 1320a-7) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: ``(i) Health Benefit Plan Defined.--For purposes of sections 1128A and 1128B, the term `health benefit plan' means a health benefit program other than the medicare program, the medicaid program, or a State health care program.''. (d) Conforming Amendment.--Section 1128(b)(8)(B)(ii) of the Social Security Act (42 U.S.C. 1320a-7(b)(8)(B)(ii)) is amended by striking ``1128A'' and inserting ``1128A (other than a penalty arising from a health benefit plan, as defined in subsection (i))''. (e) Effective Date.--The amendments made by this section shall take effect January 1, 1995. SEC. 4. CIVIL MONETARY PENALTIES INCLUDED IN ANTI-KICKBACK SANCTIONS. (a) In General.--Section 1128A(a) of the Social Security Act (42 U.S.C. 1320a-7a(a)), as amended by section 2(a), is amended-- (1) by striking ``or'' at the end of paragraph (1)(D); (2) by striking ``, or'' at the end of paragraph (2) and inserting a semicolon; (3) by striking the semicolon at the end of paragraph (3) and inserting ``; or''; (4) by inserting after paragraph (3) the following new paragraph: ``(4) carries out any activity in violation of paragraph (1) or (2) of section 1128B(b);''; (5) by striking ``than $5,000'' and all that follows through the period and inserting ``than, in cases under paragraph (1) or (2), $5,000 for each item or service, in cases under paragraph (3), $15,000 for each individual with respect to whom false or misleading information is given, and in cases under paragraph (4), $10,000 for each violation.''; and (6) by striking ``than three times'' and all that follows through the period and inserting ``than, in cases under paragraph (1) or (2), three times the amount claimed for each such item or service in lieu of damages sustained by the United States or a State agency because of such claim, and in cases under paragraph (4), twice the total amount of the remuneration offered, paid, solicited, or received in violation of paragraph (1) or (2) of section 1128B(b).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect January 1, 1995. SEC. 5. VOLUNTARY DISCLOSURE PROGRAM. In consultation with the Attorney General of the United States, the Secretary of Health and Human Services shall publish proposed regulations no later than 9 months after the date of the enactment of this Act, and final regulations no later than 18 months after such date of enactment, establishing a program of voluntary disclosure that would facilitate enforcement of sections 1128A and 1128B of the Social Security Act (42 U.S.C. 1320a-7a and 1320a-7b) and other relevant provisions of Federal law relating to health care fraud and abuse. Such program should promote and provide incentives for disclosures of potential violations of such sections and provisions by providing that, under certain circumstances, the voluntary disclosure of wrongdoing would result in the imposition of penalties and punishments less substantial than those that would be assessed for the same wrongdoing if voluntary disclosure did not occur. SEC. 6. EXPANSION OF HEALTH CARE FRAUD INVESTIGATIVE RESOURCES. There are authorized to be appropriated for the hiring of additional personnel in the Department of Health and Human Services Office of the Inspector General $25,000,000 for each of fiscal years 1994, 1995, 1996, and 1997 to sustain and expand the investigation of health care fraud.

Health Care Fraud and Abuse Act of 1994 - Amends title XI of the Social Security Act to: (1) increase civil monetary penalties; (2) expand criminal penalties to include treble damages; (3) provide for the application of such sanctions to fraud and abuse involving any health benefit plan; and (4) include civil monetary penalties in anti-kickback sanctions. Requires the Secretary of Health and Human Services (HHS) to publish regulations establishing a program of voluntary disclosure of wrongdoing providing for less substantial sanctions than those otherwise imposed for health care fraud and abuse. Authorizes appropriations for hiring additional personnel for HHS's Office of Inspector General to sustain and expand the investigation of health care fraud.

{"src": "billsum_train", "title": "Health Care Fraud and Abuse Act of 1994"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Apollo 11 50th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On July 16, 1969, the Apollo 11 spacecraft launched from Launch Complex 39A at the John F. Kennedy Space Center carrying Neil Armstrong, Buzz Aldrin, and Michael Collins, who would become the first of mankind to complete a crewed lunar landing. (2) The United States is the only country ever to have attempted and succeeded in landing humans on a celestial body off the Earth and safely returning them home, completing an unprecedented engineering, scientific and political achievement. (3) The Apollo 11 mission, culminating in man's first steps on the Moon on July 20, 1969, honored the fallen astronauts of the Apollo 1 crew, whose innovative work and bravery will be remembered forever. (4) Apollo 11 accomplished the national goal set forth in 1961 by President John F. Kennedy, who stated at Rice University the following year, ``We choose to go to the Moon. We choose to go to the Moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win''. (5) At the height of the Cold War, the Apollo space program provided the United States and the free world with a powerful symbolic win, demonstrating the strength, ambition, and determination of the United States in technological and economic advancement, and securing our Nation's leadership in space for generations to come. (6) The National Aeronautics and Space Administration's (referred to in this Act as ``NASA'') Marshall Space Flight Center in Huntsville, Alabama, designed, assembled, and tested the most powerful launch vehicle in history, the Saturn V rocket, which was used for the Apollo missions in the 1960s and 1970s. (7) The Saturn V weighed 6,200,000 pounds and generated 7,600,000 pounds of thrust, which NASA has equated to generating more power than 86 Hoover Dams. (8) During the time period from 1969 through 1972, NASA completed eight Apollo missions and landed 12 men on the Moon. The 6 missions that landed on the Moon returned with a wealth of groundbreaking scientific data and over 800 pounds of lunar samples. (9) An estimated 400,000 Americans contributed to the successful program that led to the lunar landing on July 20, 1969, including NASA scientists, engineers, astronauts, industry contractors and their engineering and manufacturing workforce, as well as the political leadership of Republicans and Democrats in Congress and the White House. (10) The Apollo program, along with its predecessor Mercury and Gemini programs, inspired generations of American students to pursue careers in science, technology, engineering, and mathematics (STEM), which has fueled innovation and economic growth throughout a range of industries over the last four decades. (11) July 20, 2019, will mark the 50th anniversary of the Apollo 11 landing of Neil Armstrong and Buzz Aldrin on the lunar surface. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the 50th anniversary of the first manned Moon landing, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) be struck on a planchet having a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half-dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; and (C) contain .999 fine silver. (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. (d) Convex Shape.-- (1) In general.--The coins minted under this Act shall be produced in a fashion similar to the 2014 National Baseball Hall of Fame 75th Anniversary Commemorative Coin, so that the reverse of the coin is convex to more closely resemble the visor of the astronaut's helmet of the time and the obverse concave, providing a more dramatic display of the obverse design chosen pursuant to section 4(c). (2) Sense of congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced with the design of the reverse of the coins continuing over what would otherwise be the edge of the coins, such that the reverse design extends all the way to the obverse design. SEC. 4. DESIGN OF COINS. (a) In General.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the Commission of Fine Arts; and (B) with respect to the design of the reverse of the coins, the Administrator of NASA; and (2) reviewed by the Citizens Coinage Advisory Committee. (b) Designations and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the denomination of the coin; (2) an inscription of the year ``2019''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection and Approval Process for Obverse Design.-- (1) In general.--The Secretary shall hold a juried, compensated competition to determine the design of the common obverse of the coins minted under this Act, with such design being emblematic of the United States space program leading up to the first manned Moon landing. (2) Selection process.--Proposals for the obverse design of coins minted under this Act may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. (3) Proposals.--As part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers of the United States Mint, and members of the general public, and any designs submitted for the design review process described herein shall be anonymized until a final selection is made. (4) Compensation.--The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. (d) Reverse Design.--The design on the common reverse of the coins minted under this Act shall be a representation of a close-up of the famous ``Buzz Aldrin on the Moon'' photograph taken July 20, 1969, that shows just the visor and part of the helmet of astronaut Buzz Aldrin, in which the visor has a mirrored finish and reflects the image of the United States flag and the lunar lander and the remainder of the helmet has a frosted finish. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Except with respect to coins described under section 3(a)(4), coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2019. 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(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, winning design compensation, 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 minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin described under section 3(a)(2). (3) A surcharge of $5 per coin for the half-dollar coin. (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4). (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 promptly paid by the Secretary as follows: (1) one half to the Smithsonian Institution's National Air and Space Museum's ``Destination Moon'' exhibit, for design, education, and installation costs related to establishing and maintaining the exhibit, and for costs related to creating a traveling version of the exhibition; (2) one quarter to the Astronauts Memorial Foundation, for costs related to the preservation, maintenance, and enhancement of the Astronauts Memorial and for promotion of space exploration through educational initiatives; and (3) one quarter to the Astronaut Scholarship Foundation, to aid its missions of promoting the importance of science and technology to the general public and of aiding the United States in retaining its world leadership in science and technology by providing college scholarships for the very best and brightest students pursuing degrees in science, technology, engineering, or mathematics (STEM). (c) Audits.--The recipients described under subsection (b) shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received 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 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. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on December 5, 2016. Apollo 11 50th Anniversary Commemorative Coin Act (Sec. 3) This bill directs the Department of the Treasury to mint and issue gold, silver, half-dollar clad, and proof silver coins in recognition and celebration of the 50th anniversary of the first manned landing on the moon. (Sec. 5) Treasury may issue coins minted under this bill for only a one-year period, beginning January 1, 2019. (Sec. 7) All sales of coins minted under this bill shall include a surcharge of $35 per gold coin, $10 per silver coin, $5 per half-dollar clad coin, and $50 per proof silver coin. All of the surcharges received from the sale of such coins shall be paid as follows: one-half to the Smithsonian Institution's National Air and Space Museum's "Destination Moon" exhibit; one-quarter to the Astronauts Memorial Foundation; and one-quarter to the Astronaut Scholarship Foundation, to aid its missions by providing college scholarships for the very best and brightest students pursuing degrees in science, technology, engineering, or mathematics (STEM). There may not be any surcharge if issuance of the coin would exceed the annual commemorative coin program issuance limitation. (Sec. 8) Treasury shall ensure that: minting and issuing such coins will not result in any net cost to the federal government; and no funds, including surcharges, will be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all authorized coins is recovered.

{"src": "billsum_train", "title": "Apollo 11 50th Anniversary Commemorative Coin Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of Legal Rights for Claimants under Holocaust-Era Insurance Policies Act of 2010''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) allow for the enforcement of State laws requiring the disclosure of information about Holocaust-era insurance policies, notwithstanding the holding of the Supreme Court of the United States in American Insurance Association v. Garamendi, 539 U.S. 396 (2003) that such laws are preempted by the foreign policy espoused by the executive branch of the Federal Government addressed in that case; (2) facilitate the disclosure of information about Holocaust-era insurance policies under applicable State laws so that citizens of the United States (and other persons on whose behalf such laws were enacted) may know whether they hold any rights under the policies; (3) allow the beneficiaries of Holocaust-era insurance policies, many of whom are citizens of the United States, to bring suits in the courts of the United States to recover any proceeds under the policies to which they may be entitled, notwithstanding the defense that such suits are preempted by the executive-branch foreign policy addressed in Garamendi; (4) foreclose defenses to claims brought under section 4 of this Act arising from any prior judgments or settlement agreements (including the class action judgment and settlement agreement (M 21-89, United States District Court for the Southern District of New York) in In re: Assicurazioni General S.p.A. Holocaust Insurance Litigation)) that were entered and approved based on the erroneous conclusion that State-law claims to recover under Holocaust-era insurance claims are preempted by the executive-branch foreign policy addressed in Garamendi; (5) provide for a uniform statute of limitations of 10 years after the date of enactment of this Act in any action to recover under Holocaust-era insurance policies under this Act or State law; and (6) in carrying out the purposes described in paragraphs (1) through (5), preserve the lawmaking powers of Congress under article I of the Constitution of the United States, with which the judicial decisions cited in this section are inconsistent. SEC. 3. DEFINITIONS. In this Act: (1) Beneficiary.--The term ``beneficiary'' includes-- (A) a named insured or named beneficiary under a covered policy; and (B) an heir, assignee, or legal representative of a named insured or named beneficiary described in subparagraph (A). (2) Covered policy.--The term ``covered policy'' means any life, dowry, education, annuity, property, or other insurance policy that was-- (A) in effect at any time during the period beginning on January 31, 1933, and ending on December 31, 1945; and (B) issued to a policyholder domiciled in-- (i) any area that was occupied or controlled by Nazi Germany; or (ii) the territorial jurisdiction of Switzerland. (3) Insurer.--The term ``insurer''-- (A) means any person engaged in the business of insurance (including reinsurance) in interstate or foreign commerce that issued a covered policy; and (B) includes any successor in interest to a person described in subparagraph (A). (4) Nazi germany.--The term ``Nazi Germany'' means-- (A) the Nazi government of Germany; and (B) any government that-- (i) had friendly relations with the Nazi government of Germany; (ii) was allied with or controlled by the Nazi government of Germany; or (iii) exercised or claimed sovereignty over any area occupied by the military forces of the Nazi government of Germany. (5) 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)). SEC. 4. PRIVATE RIGHT OF ACTION; CIVIL ACTIONS. (a) Civil Actions To Recover Under Covered Policies.--A beneficiary of a covered policy may bring a civil action against the insurer for the covered policy or a related company of the insurer to recover proceeds due under the covered policy or otherwise to enforce any rights under the covered policy. (b) Nationwide Service of Process.--For a civil action brought under subsection (a) in a district court of the United States, process may be served in the judicial district where the case is brought or any other judicial district of the United States where the defendant may be found, resides, has an agent, or transacts business. (c) Remedies.-- (1) Damages.-- (A) In general.--A court shall award to a prevailing beneficiary in a civil action brought under subsection (a)-- (i) the amount of the proceeds due under the covered policy; (ii) prejudgment interest on the amount described in clause (i) from the date the amount was due until the date of judgment, calculated at a rate of 6 percent per year, compounded annually; and (iii) any other appropriate relief necessary to enforce rights under the covered policy. (B) Treble damages.--If a court finds that an insurer or related company of the insurer acted in bad faith, the court shall award damages in an amount equal to 3 times the amount otherwise to be awarded under subparagraph (A). (2) Attorney's fees and costs.--A court shall award reasonable attorney's fees and costs to a prevailing beneficiary in a civil action brought under subsection (a). (d) Limitation.--A civil action may not be brought under this section on or after the date that is 10 years after the date of enactment of this Act. SEC. 5. EFFECT OF PRIOR JUDGMENTS AND RELEASES. (a) In General.-- (1) Effect.--Subject to subsection (b)(1), a judgment or release described in paragraph (2) shall not preclude, foreclose, bar, release, waive, acquit, discharge, or otherwise impair any claim brought under section 4 by any person. (2) Judgments and releases.--A judgment or release described in this paragraph is-- (A) a judgment entered before the date of enactment of this Act for any claim arising under a covered policy in any civil action in a Federal or State court; or (B) an agreement entered into before the date of enactment of this Act under which any person (on behalf of the person, any other person, or a class of persons) agrees not to assert or agrees to waive or release any claim described in subparagraph (A), regardless of whether the agreement is-- (i) denominated as a release, discharge, covenant not to sue, or otherwise; or (ii) approved by a court. (b) Rules of Construction.-- (1) In general.--Except as provided in paragraph (2), nothing in this section shall affect the validity or enforceability of any agreement entered into between any claimant under a covered policy and the International Commission on Holocaust Era Insurance Claims or an insurer under which the claimant has agreed to release or waive any claim in consideration for payment under a covered policy. (2) Exception.--Paragraph (1) shall not apply to any agreement for which the payment is denominated as humanitarian by the International Commission on Holocaust Era Insurance Claims. SEC. 6. EFFECT OF EXECUTIVE AGREEMENTS AND EXECUTIVE FOREIGN POLICY. (a) Effect of Executive Agreements and Executive Foreign Policy on State Laws.--An executive agreement described in subsection (c)(1) and an executive foreign policy described in subsection (c)(2) shall not supercede or preempt the law of any State-- (1) relating to a claim under or relating to a covered policy against the insurer for the covered policy or a related company of the insurer; or (2) that requires an insurer doing business in the State or any related company of the insurer to disclose information regarding a covered policy issued by the insurer. (b) Effect of Executive Agreements and Executive Foreign Policy on Claims Brought Under This Act.--An executive agreement described in subsection (c)(1) and an executive foreign policy described in subsection (c)(2) shall not compromise, settle, extinguish, waive, preclude, bar, or foreclose a claim brought under section 4. (c) Executive Agreements and Executive Foreign Policy Covered.-- (1) Executive agreements.--An executive agreement described in this paragraph is an executive agreement between the United States and a foreign government entered into before, on, or after the date of enactment of this Act. (2) Executive foreign policy.--An executive foreign policy described in this paragraph is a foreign policy of the executive branch of the Federal Government established before, on, or after the date of enactment of this Act. SEC. 7. EFFECT ON STATE LAWS. Nothing in this Act shall supersede or preempt any State law except to the extent the law of the State conflicts with this Act. SEC. 8. TIMELINESS OF ACTIONS BROUGHT UNDER STATE LAW. A claim brought under any State law described in section 6(a) shall not be deemed untimely on the basis of any State or Federal statute of limitations or on the basis of any other legal or equitable rule or doctrine (including laches) governing the timeliness of claims if the claim is filed not later than 10 years after the date of enactment of this Act. SEC. 9. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of such provision to any other person or circumstance shall not be affected thereby. SEC. 10. EFFECTIVE DATE; APPLICABILITY. This Act shall-- (1) take effect on the date of enactment of this Act; and (2) apply to any claim relating to a covered policy that is brought, before, on, or after the date of enactment of this Act.

Restoration of Legal Rights for Claimants under Holocaust-Era Insurance Policies Act of 2010 - Allows a beneficiary (including an heir, assignee, or legal representative of a named insured or beneficiary) of a Holocaust-era life, dowry, education, annuity, property, or other insurance policy to bring a civil action in a U.S. district court against the insurer for the covered policy (or a related company of the insurer) to recover proceeds due or otherwise to enforce any rights under the policy. Covers any such policy issued to a policyholder domiciled in any area that was occupied or controlled by Nazi Germany (or by an ally or friendly government) or the territorial jurisdiction of Switzerland. Requires the award to a prevailing beneficiary of the amount of the proceeds due under the policy, plus prejudgment interest at 6% per year, compounded annually, calculated from the date the amount was originally due. Requires the award of treble damages against any insurer or related company that acted in bad faith. Sets a 10-year statute of limitations for claims filed under this Act. Declares that any prior judgment or release entered for any claim arising under a covered policy in any civil action in a federal or state court shall not preclude, foreclose, bar, release, waive, acquit, discharge, or otherwise impair any claim brought under this Act by any person. Declares that any executive agreement between the United States and a foreign government entered into, or any executive foreign policy of the U.S. government established, before, on, or after the enactment of this Act, shall not supercede or preempt any state law or compromise, settle, extinguish, waive, preclude, bar, or foreclose any claim brought under this Act.

{"src": "billsum_train", "title": "A bill to provide for the restoration of legal rights for claimants under holocaust-era insurance policies."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Solar Energy Pilot Leasing Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) County.--The term ``County'' means Lincoln County, Nevada. (2) Federal land.--The term ``Federal land'' means any of the Federal land in the State under the administrative jurisdiction of the Bureau of Land Management that is identified as a ``solar development zone'' on the maps. (3) Fund.--The term ``Fund'' means the Renewable Energy Mitigation and Fish and Wildlife Fund established by section 3(d)(5)(A). (4) Map.--The term ``map'' means each of-- (A) the map entitled ``Dry Lake Valley Solar Development Zone'' and dated May 25, 2010; and (B) the map entitled ``Delamar Valley Solar Development Zone'' and dated May 25, 2010. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (6) State.--The term ``State'' means the State of Nevada. SEC. 3. DEVELOPMENT OF SOLAR PILOT PROJECT AREAS ON PUBLIC LAND IN LINCOLN COUNTY, NEVADA. (a) Designation.--In accordance with sections 201 and 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712) and subject to valid existing rights, the Secretary shall designate the Federal land as a solar pilot project area. (b) Applicable Law.--The designation of the solar pilot project area under subsection (a) shall be subject to the requirements of-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any other applicable law (including regulations). (c) Solar Lease Sales.-- (1) In general.--The Secretary shall conduct lease sales and issue leases for commercial solar energy development on the Federal land, in accordance with this subsection. (2) Deadline for lease sales.--Not later than 60 days after the date of enactment of this Act, the Secretary, after consulting with affected governments and other stakeholders, shall conduct lease sales for the Federal land. (3) Easements, special-use permits, and rights-of-way.-- Except for the temporary placement and operation of testing or data collection devices, as the Secretary determines to be appropriate, and the rights-of-way granted under section 301(b)(1) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2413) and BLM Case File N-78803, no new easements, special-use permits, or rights-of-way shall be allowed on the Federal land during the period beginning on the date of enactment of this Act and ending on the date of the issuance of a lease for the Federal land. (4) Diligent development requirements.--In issuing a lease under this subsection, the Secretary shall include work requirements and mandatory milestones-- (A) to ensure that diligent development is carried out under the lease; and (B) to reduce speculative behavior. (5) Land management.--The Secretary shall-- (A) establish the duration of leases issued under this subsection; (B) include provisions in the lease requiring the holder of a lease granted under this subsection-- (i) to furnish a reclamation bond or other form of security determined to be appropriate by the Secretary; (ii) on completion of the activities authorized by the lease-- (I) to restore the Federal land that is subject to the lease to the condition in which the Federal land existed before the lease was granted; or (II) to conduct mitigation activities if restoration of the land to the condition described in subclause (I) is impracticable; and (iii) to comply with such other requirements as the Secretary considers necessary to protect the interests of the public and the United States; and (C)(i) establish best management practices to ensure the sound, efficient, and environmentally responsible development of solar resources on the Federal land in a manner that would avoid, minimize, and mitigate actual and anticipated impacts to habitat and ecosystem function resulting from the development; and (ii) include provisions in the lease requiring renewable energy operators to comply with the practices established under clause (i). (d) Royalties.-- (1) In general.--The Secretary shall establish royalties, fees, rentals, bonuses, and any other payments the Secretary determines to be appropriate to ensure a fair return to the United States for any lease issued under this section. (2) Rate.--Any lease issued under this section shall require the payment of a royalty established by the Secretary by regulation in an amount that is equal to a percentage of the gross proceeds from the sale of electricity at a rate that-- (A) encourages production of solar energy; (B) ensures a fair return to the public comparable to the return that would be obtained on State and private land; and (C) encourages the maximum energy generation practicable using the least amount of land and other natural resources, including water. (3) Royalty relief.--To promote the maximum generation of renewable energy, the Secretary may provide that no royalty or a reduced royalty is required under a lease for a period not to exceed 5 years beginning on the date on which generation is initially commenced on the Federal land subject to the lease. (4) Disposition of proceeds.-- (A) In general.--Of the amounts collected as royalties, fees, rentals, bonuses, or other payments under a lease issued under this section-- (i) 25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the income is derived; (ii) 25 percent shall be paid by the Secretary of the Treasury to the 1 or more counties within the boundaries of which the income is derived; (iii) 15 percent shall-- (I) for the period beginning on the date of enactment of this Act and ending on the date specified in subclause (II), be deposited in the Treasury of the United States to help facilitate the processing of renewable energy permits by the Bureau of Land Management in the State, subject to subparagraph (B)(i)(I); and (II) beginning on the date that is 10 years after the date of enactment of this Act, be deposited in the Fund; and (iv) 35 percent shall be deposited in the Fund. (B) Limitations.-- (i) Renewable energy permits.--For purposes of subclause (I) of subparagraph (A)(iii)-- (I) not more than $10,000,000 shall be deposited in the Treasury at any 1 time under that subclause; and (II) the following shall be deposited in the Fund: (aa) Any amounts collected under that subclause that are not obligated by the date specified in subparagraph (A)(iii)(II). (bb) Any amounts that exceed the $10,000,000 deposit limit under subclause (I). (ii) Fund.--Any amounts deposited in the Fund under clause (i)(II) or subparagraph (A)(iii)(II) shall be in addition to amounts deposited in the Fund under subparagraph (A)(iv). (5) Renewable energy mitigation and fish and wildlife fund.-- (A) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Renewable Energy Mitigation and Fish and Wildlife Fund'', to be administered by the Secretary, for use in the State. (B) Use of funds.--Amounts in the Fund shall be available to the Secretary, who may make the amounts available to the State or other interested parties for the purposes of-- (i) mitigating impacts of renewable energy on public land, with priority given to land affected by the solar development zones designated under this Act, including-- (I) protecting wildlife corridors and other sensitive land; and (II) fish and wildlife habitat restoration; and (ii) carrying out activities authorized under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) in the State. (C) Availability of amounts.--Amounts in the Fund shall be available for expenditure, in accordance with this paragraph, without further appropriation, and without fiscal year limitation. (D) Investment of fund.-- (i) In general.--Any amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities. (ii) Use.--Any interest earned under clause (i) may be expended in accordance with this paragraph. (e) Priority Development.-- (1) In general.--Within the County, the Secretary shall give highest priority consideration to implementation of the solar lease sales provided for under this Act. (2) Evaluation.--The Secretary shall evaluate other solar development proposals in the County not provided for under this Act in consultation with the State, County, and other interested stakeholders.

American Solar Energy Pilot Leasing Act of 2010 - Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management (BLM), to: (1) designate specified federal land in Nevada under the administrative jurisdiction of BLM that is identified as a solar development zone as a solar pilot project area; (2) conduct lease sales and issue leases for commercial solar energy development on such land; and (3) include work requirements and mandatory milestones to ensure that diligent development is carried out under such a lease and to reduce speculative behavior. Prohibits (with exceptions) new easements, special-use permits, or rights-of-way on such land from the date of enactment of this Act until the date of the issuance of a lease for such land. Directs the Secretary to: (1) establish the duration of leases issued; (2) include provisions in such a lease requiring the lease holder to furnish a reclamation bond or other form of security and to restore the land or conduct mitigation activities upon completion of authorized activities; (3) establish and ensure compliance with best management practices to ensure the sound, efficient, and environmentally responsible development of solar resources on the land in a manner that would minimize and mitigate impacts to habitat and ecosystem function; and (4) establish royalties, fees, rentals, bonuses, and any other appropriate payments to ensure a fair return to the United States for any lease issued. Sets forth provisions governing royalty rates and proceeds distribution. Establishes in the Treasury a Renewable Energy Mitigation and Fish and Wildlife Fund, which shall be available to the Secretary for providing amounts to states or other interested parties for mitigating impacts of renewable energy on public land and carrying out activities authorized under the Land and Water Conservation Fund Act of 1965. Directs the Secretary: (1) within Lincoln County, Nevada, to give highest priority consideration to implementation of the solar lease sales provided for under this Act; and (2) to evaluate other solar development proposals in the County not provided for under this Act.

{"src": "billsum_train", "title": "To provide for the development of solar pilot project areas on public land in Lincoln County, Nevada."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Tissue Act''. SEC. 2. DEFINITIONS. In this Act: (1) Establishment.--The term ``establishment'' has the meaning given such term in section 1271.3 of title 21, Code of Federal Regulations (or any successor regulation). (2) Human cells, tissues, or cellular or tissue-based products.--The term ``human cells, tissues, or cellular or tissue-based products'' has the meaning given such term in section 1271.3 of title 21, Code of Federal Regulations (or any successor regulation). (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. INSPECTIONS AND AUDITS BY THE FOOD AND DRUG ADMINISTRATION. (a) Inspections of Tissue Banks.-- (1) In general.--Notwithstanding section 1271.400(b) of title 21, Code of Federal Regulations, the Food and Drug Administration shall inspect each establishment regulated by such section not less than once every 2 years. (2) User fees.--The Secretary may establish a user fee program applicable to each establishment under part 1271 of title 21, Code of Federal Regulations, to fund the inspections required by paragraph (1). (b) Audits of Tissue Banks.--The Food and Drug Administration shall conduct periodic audits of all documentation submitted by each establishment under part 1271 of title 21, Code of Federal Regulations, to determine compliance with all applicable requirements, including those requirements related to ensuring-- (1) that human cells, tissues, or cellular or tissue-based products are obtained by the establishment legally; (2) that donor eligibility and donor medical history interviews are based on accurate information that was not provided or obtained in a fraudulent manner; and (3) current good tissue practice. SEC. 4. DEVELOPMENT OF MODEL CONSENT FORM. (a) In General.--The Secretary shall publish in the Federal Register a model form containing minimum requirements for establishments to use in obtaining consent from a potential donor, or the legally authorized representative of a potential donor, of human cells, tissues, or cellular or tissue-based products. (b) Content.--The model form under subsection (a) shall include-- (1) requirements for obtaining consent from a potential donor, or the legally authorized representative of a potential donor, regarding-- (A) the type of human cells, tissues, or cellular or tissue-based product to be donated; (B) the purpose for which such human cells, tissues, or cellular or tissue-based products shall be used, such as transplantation for medical purposes, transplantation for cosmetic purposes, therapy, research, or medical education; and (C) other matters as determined appropriate by the Secretary; (2) a requirement that an establishment provide assurance to the Secretary and a potential donor, or the legally authorized representative of a potential donor, that such an establishment will only obtain consent directly from such donor or representative; and (3) a requirement that an establishment-- (A) provide, upon request, to the potential donor, or the legally authorized representative of a potential donor, a description of the recovery process for human cells, tissues, or cellular or tissue-based products; (B) inform such donor or representative of the right to receive such a description; and (C) inform such donor or representative of whether the establishment is accredited under the regulations promulgated by the Secretary pursuant to section 5. (c) Use of Model Form.--The Secretary shall promulgate regulations requiring that establishments provide and obtain no less information than that specified in the model form under subsection (a) prior to accepting a donation of human cells, tissues, or cellular or tissue- based products. (d) Enforcement.-- (1) Failure to comply with requirements.--An establishment, or an individual employed by an establishment, that fails to comply with the requirements of the model form under subsection (a) shall be subject to a civil penalty of not more than $5,000. (2) Use of fraudulent information.--An establishment, or an individual employed by an establishment, that knowingly uses fraudulent information for, or fraudulent means of, obtaining the consent described under the model form under subsection (a) shall be-- (A) fined not more than $10,000, or imprisoned for not more than 6 months, or both, for the first such violation; and (B) fined not more than $250,000, or imprisoned for not more than 10 years, or both, for the second and any subsequent such violation. (e) Preemption.--The model form regulations promulgated under subsection (c) shall supercede any provisions of the law with respect to obtaining consent from a potential donor, or legally authorized representative of a potential donor, of human cells, tissues, or cellular or tissue-based products, of the State in which an establishment operates to the extent such law is less stringent than the requirements imposed under such subsection. SEC. 5. ACCREDITATION OF ESTABLISHMENTS AND PERSONNEL. (a) In General.--The Secretary shall promulgate regulations to accredit-- (1) establishments; and (2) the personnel of establishments who participate in the recovery, processing, storage, labeling, packaging, or distribution of human cells, tissues, or cellular or tissue- based products. (b) Authority of Secretary.--In promulgating the regulations under subsection (a), the Secretary shall-- (1) establish an accreditation process modeled after the Joint Commission on Accreditation of Healthcare Organizations; or (2) adopt an accreditation process established by a private entity that is in effect as of the date of enactment of this Act. SEC. 6. DETERMINATION OF REASONABLE PAYMENTS. The Secretary shall promulgate regulations defining ``reasonable payments'' for the purposes of section 301(c)(2) of the National Organ Transplant Act (42 U.S.C. 274e(c)(2)), as such section relates to human tissue and tissue-based products regulated under part 1271 of title 21, United States Code.

Safe Tissue Act - Requires the Food and Drug Administration (FDA) to inspect, at least once every two years, each establishment that engages in the manufacture of human cells, tissues, and cellular and tissue-based products. Allows the Secretary of Health and Human Services to establish a user fee to fund such inspections. Requires the FDA to conduct periodic audits of all documentation submitted by each such establishment to determine compliance with all applicable requirements, including requirements related to ensuring: (1) that human cells, tissues, or cellular or tissue-based products are obtained legally; (2) that donor eligibility and donor medical history interviews are based on accurate information that was not provided or obtained in a fraudulent manner; and (3) current good tissue practice. Requires the Secretary to publish a model form containing minimum requirements for establishments to use in obtaining consent from a potential donor of human cells, tissues, or cellular or tissue-based products. Sets forth penalties for failing to comply with model form requirements or for knowingly using fraudulent information. Directs the Secretary to: (1) accredit establishments and the personnel of such establishments who participate in the recovery, processing, storage, labeling, packaging, or distribution of human cells, tissues, or cellular or tissue-based products; and (2) define "reasonable payments" that are associated with donation of human tissue and tissue-based products for purposes of the National Organ Transplant Act.

{"src": "billsum_train", "title": "A bill to improve the oversight and regulation of tissue banks and the tissue donation process, and for other purposes."}

. Any ADR used to resolve a health care liability action or claim shall contain provisions relating to statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and award of attorney's fees which are consistent with the provisions relating to such matters in this Act. SEC. 7. DEFINITIONS. As used in this Act: (1) Actual damages.--The term ``actual damages'' means damages awarded to pay for economic loss. (2) ADR.--The term ``ADR'' means an alternative dispute resolution system established under Federal or State law that provides for the resolution of health care liability claims in a manner other than through health care liability actions. (3) Claimant.--The term ``claimant'' means any person who brings a health care liability action and any person on whose behalf such an action is brought. If such action is brought through or on behalf of an estate, the term includes the claimant's decedent. If such action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian. (4) Clear and convincing evidence.--The term ``clear and convincing evidence'' is that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. Such measure or degree of proof is more than that required under preponderance of the evidence but less than that required for proof beyond a reasonable doubt. (5) Collateral source payments.--The term ``collateral source payments'' means any amount paid or reasonably likely to be paid in the future to or on behalf of a claimant, or any service, product, or other benefit provided or reasonably likely to be provided in the future to or on behalf of a claimant, as a result of an injury or wrongful death, pursuant to-- (A) any State or Federal health, sickness, income- disability, accident or workers' compensation Act; (B) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; (C) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income disability benefits; and (D) any other publicly or privately funded program. (6) Drug.--The term ``drug'' has the meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)). (7) Economic damages.--The term ``economic damages'' means objectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, loss due to death, burial costs, and loss of business or employment opportunities. (8) Harm.--The term ``harm'' means any legally cognizable wrong or injury for which punitive damages may be imposed. (9) Health benefit plan.--The term ``health benefit plan'' means-- (A) a hospital or medical expense incurred policy or certificate, (B) a hospital or medical service plan contract, (C) a health maintenance subscriber contract, or (D) a Medicare+Choice product (offered under part C of title XVIII of the Social Security Act), that provides benefits with respect to health care services. (10) Health care liability action.--The term ``health care liability action'' means a civil action brought in a State or Federal court or pursuant to alternative dispute resolution against a health care provider, an entity which is obligated to provide or pay for health benefits under any health benefit plan (including any person or entity acting under a contract or arrangement to provide or administer any health benefit), or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, in which the claimant alleges a claim (including third party claims, cross claims, counter claims, or contribution claims) based upon the provision of (or the failure to provide or pay for) health care services or the use of a medical product, regardless of the theory of liability on which the claim is based or the number of plaintiffs, defendants, or causes of action. (11) Health care liability claim.--The term ``health care liability claim'' means a claim in which the claimant alleges that injury was caused by the provision of (or the failure to provide) health care services or medical products. (12) Health care provider.--The term ``health care provider'' means any person that is engaged in the delivery of health care services in a State and that is required by the laws or regulations of the State to be licensed or certified by the State to engage in the delivery of such services in the State. (13) Health care service.--The term ``health care service'' means any service for which payment may be made under a health benefit plan including services related to the delivery or administration of such service. (14) Medical product.--The term ``medical product'' means a drug (as defined in section 201(g)(1)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) or a medical device (as defined in section 201(h)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)), including any component or raw material used in a drug or device but excluding health care services. (15) Noneconomic damages.--The term ``noneconomic damages'' means damages paid to an individual for pain and suffering, inconvenience, emotional distress, mental anguish, loss of consortium, injury to reputation, humiliation, and other nonpecuniary losses. (16) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (17) Prevailing party.--The term ``prevailing party'' means a party to a health care liability action who obtains a final judgment (other than by settlement) exclusive of interest on all or a portion of the claims asserted during the litigation. (18) Product seller.-- (A) In general.--Subject to subparagraph (B), the term ``product seller'' means a person who, in the course of a business conducted for that purpose-- (i) sells, distributes, rents, leases, prepares, blends, packages, labels, or is otherwise involved in placing, a product in the stream of commerce, or (ii) installs, repairs, or maintains the harm-causing aspect of a product. (B) Exclusion.--Such term does not include-- (i) a seller or lessor of real property; (ii) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill, or services; or (iii) any person who-- (I) acts in only a financial capacity with respect to the sale of a product; or (II) leases a product under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor. (19) Punitive damages.--The term ``punitive damages'' means damages awarded against any person not to compensate for actual injury suffered, but to punish or deter such person or others from engaging in similar behavior in the future. (20) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 8. EFFECTIVE DATE. This Act will apply to any health care liability action brought in a Federal or State court and to any health care liability claim subject to an ADR system, that is initiated on or after the date of enactment of this Act, except that any health care liability claim or action arising from an injury occurring prior to the date of enactment of this Act shall be governed by the applicable statute of limitations provisions in effect at the time the injury occurred.

(Sec. 3) Establishes a statute of limitations for health care liability actions of two years from the date on which the alleged injury was discovered or should reasonably have been discovered, but in no case more than five years after the date the alleged injury occurred. (Sec. 4) Makes a defendant in any health care liability action liable (severally but not jointly) only for the amount of noneconomic damages attributable to such defendant in direct proportion to the defendant's share of fault or responsibility for the claimant's actual damages, as determined by the trier of fact. Limits total noneconomic damages for an injury to $250,000, regardless of the number of parties against whom the action is brought, or the number of actions. Requires for the award of punitive damages that the claimant establish by clear and convincing evidence that the harm suffered was the result of conduct: (1) specifically intended to cause harm; or (2) manifesting a conscious, flagrant indifference to the rights or safety of others. Prohibits the award of punitive damages against a manufacturer or product seller of a drug or medical device which caused the claimant's harm where: (1) the drug or device was subject to premarket approval by the Food and Drug Administration (FDA) with respect to the safety of the formulation or performance of the aspect of such drug or device which caused the claimant's harm, or the adequacy of the packaging or labeling of such drug or device which caused the harm, and such drug, device, packaging, or labeling was approved by the Food and Drug Administration; or (2) the drug is generally recognized as safe and effective pursuant to conditions established by the FDA and applicable regulations, including packaging and labeling regulations. Allows punitive damages in any case in which, before or after premarket approval: (1) the defendant intentionally and wrongfully withheld from or misrepresented to the FDA any information about the drug or device which was material and relevant to the harm suffered, and whose submission was required by the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act; or (2) the defendant made an illegal payment to an FDA official or employee for the purpose of securing or maintaining such approval. Prohibits punitive damages against a drug manufacturer or product seller in a health care liability action for harm alleged to relate to the adequacy of the packaging or labeling of a drug required by regulation to have tamper-resistant packaging, unless the court finds by clear and convincing evidence that such packaging or labeling is substantially out of compliance with such regulations. Permits periodic payments of any damages awarded for future economic and noneconomic loss exceeding $50,000. Permits defendants to introduce evidence of collateral source payments. Declares that no provider of collateral source payments shall recover, in a judgment or in a settlement, any amount against the claimant or receive any lien or credit against the claimant's recovery or be equitably or legally subrogated to the right of the claimant in a health care liability action. (Sec. 5) Entitles the prevailing party in an action to attorney's fees from the non-prevailing party, if: (1) the claimant seeks noneconomic damages in excess of $250,000 (or the cap on noneconomic damages, adjusted for inflation) or three times the economic damages, whichever is less; and (2) the request for such damages in such amount is made before the determination of liability of one party or another by verdict or order of judgment. Prohibits the sum of the attorney's fees to which the prevailing party is entitled from exceeding the attorney's fees of the non-prevailing party. Authorizes a court to limit such fees if their amount is deemed unjust. Specifies limits to contingent fees. (Sec. 6) Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and award of attorney's fees which are identical to the provisions of this Act.

{"src": "billsum_train", "title": "Medical Malpractice Rx Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gateway to Democracy Act of 2004''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) The right of citizens of the United States to vote is a fundamental right. (2) It is the responsibility of the Federal, State, and local governments to ensure that voter registration laws and procedures enhance the participation of eligible citizens as voters. (3) Young adults often fail to participate in the first election for which they are eligible to vote. (4) Young adults are consistently the age group with the lowest voter turnout. According to the Bureau of the Census, in the 2000 general election only 45.4% of 18 to 24 year olds were registered to vote and only 32.3% voted. The statistics for the 1998 general election were even more dismal, as 39.2% of such individuals were registered and a mere 16.6% actually went to the polls. (5) One of the reasons for the failure of young adults to vote is that most States require registration prior to the election itself, so that it is too late to establish voter eligibility on Election Day. (6) The National Voter Registration Act of 1993 established that the simultaneous application for voter registration with the application for a motor vehicle driver's license provides the government with an effective mechanism for increasing access to voter registration. (7) While many States allow individuals to get their license before they meet the age requirement for voter registration, few States allow registration at that time if the potential voter has not yet reached the minimum voting age. (8) In order to remove this barrier, increase the effectiveness of the National Voter Registration Act of 1993, and ensure that the maximum number of young adults is given the opportunity to register to vote, a procedure should be established to allow young adults who do not yet meet the voting age requirement to nevertheless register to vote at the time they apply for their driver's licenses. (9) Hawaii, Connecticut, Iowa, Florida, Maine, Missouri, and Texas have already implemented successful pre-registration programs which allow individuals to register to vote prior to meeting all of the eligibility requirements for registration. (b) Purpose.--It is the purpose of this Act-- (1) to increase the effectiveness of the National Voter Registration Act of 1993; (2) to expand the categories of individuals who are given the opportunity to register to vote under the National Voter Registration Act of 1993 to include young adults who do not yet meet the minimum age requirement to vote; and (3) to encourage civic engagement by young adults. SEC. 3. PERMITTING CERTAIN INDIVIDUALS UNDER MINIMUM LEGAL VOTING AGE TO COMPLETE VOTER REGISTRATION APPLICATION FORMS. (a) Forms Provided With Applications for Motor Vehicle Driver's License.--Section 5(c)(2)(C)(ii) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-3(c)(2)(C)(ii)) is amended by striking ``requirement'' and inserting the following: ``requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting)''. (b) Forms Provided by Other Designated Voter Registration Agencies.--Section 7(a)(6)(A)(i)(II) of such Act (42 U.S.C. 1973gg- 5(a)(6)(A)(i)(II)) is amended by striking ``requirement'' and inserting the following: ``requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting)''. (c) Mail Voter Registration Form.-- (1) In general.--Section 9(b)(2)(B) of such Act (42 U.S.C. 1973gg-7(b)(2)(B)) is amended by striking ``requirement'' and inserting the following: ``requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting)''. (2) Conforming amendment regarding check-off box for age.-- Section 303(b)(4)(A)(ii) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(A)(ii)) is amended to read as follows: ``(ii) The question `If you are under the minimum legal voting age, will you certify that you understand that this application will not become effective and you will not be able to vote in any election prior to reaching that age?' and boxes for the applicant to check to indicate whether or not the applicant will so certify.''. (d) Rule of Construction Regarding Minimum Age for Submission of Forms.--Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Minimum Age for Submission of Forms.--Nothing in this Act may be construed to require a State to accept any voter registration application form from an individual who, at the time of submitting the form, has not attained the age at which the individual may apply for a motor vehicle driver's license in the State.''. SEC. 4. MAINTENANCE AND AVAILABILITY OF INFORMATION ON INDIVIDUALS UNDER MINIMUM LEGAL VOTING AGE. Section 303(a)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)(1)(A)) is amended by adding at the end the following new clause: ``(ix) In addition to the information on legally registered voters which is maintained on the list, the State shall maintain information on those individuals in the State who have completed applications for voter registration prior to reaching the minimum legal voting age, and shall make the information available to election officials in the State.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to applications to register to vote in elections occurring in a State after the date on which the State is required to comply with the requirements of section 303(a) of the Help America Vote Act of 2002 (relating to the implementation of a computerized Statewide voter registration list).

Gateway to Democracy Act of 2004 - Amends the National Voter Registration Act of 1993 to allow individuals under the minimum legal voting age, but who will reach such age before voting, to fill out the voter registration application forms when they get their driver's license. Amends the Help America Vote Act of 2002 to require States to maintain information on such individuals and make it available to election officials.

{"src": "billsum_train", "title": "To amend the National Voter Registration Act of 1993 to permit certain individuals who are under the minimum legal voting age to complete voter registration application forms, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Families First Immigration Enforcement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Homeland Security. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (3) SSA.--The term ``SSA'' means appropriate State social service agencies. SEC. 3. ARREST PROCEDURES. (a) In General.--Any immigration workplace enforcement operation by the Department for alleged violations of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), which is reasonably calculated to apprehend, or results in the apprehension of, at least 50 aliens, shall be carried out in accordance with the procedures described in this section. (b) State Notification.--The Department shall provide State officials with sufficient advance notice of all immigration workplace enforcement operations to allow State law enforcement officials to notify SSA of-- (1) the specific area of the State that will be affected; (2) the languages spoken by employees at the target worksite; and (3) any special needs of the employees. (c) NGO Notification.-- (1) In general.--The Department and SSA shall determine how appropriate nongovernmental organizations will be notified on the day of the enforcement action. (2) Participation.--At the discretion of SSA, representatives of the nongovernmental organization who speak the native language of the aliens detained in the enforcement action may be permitted to participate with SSA officials in interviewing such aliens. (d) Determination of Risk to Relatives.--The Department shall provide SSA with unfettered and confidential access to aliens detained in the enforcement action to assist in the screening and interviews of aliens to determine whether the detainee, the detainee's children, or other vulnerable people, including elderly and disabled individuals, have been placed at risk as a result of the detainee's arrest. (e) Medical Screening.--After SSA officials have met with the alien detainees, qualified medical personnel from the Division of Immigration Health Services of the Department of Health and Human Services shall-- (1) conduct medical screenings of the alien detainees; and (2) identify and report any medical issues that might necessitate humanitarian release or additional care. (f) Consideration of Recommendations.--The Department shall immediately consider recommendations made by SSA and the Division of Immigration Health Services about alien detainees who should be released on humanitarian grounds, including alien detainees who-- (1) have a medical condition that requires special attention; (2) are pregnant women; (3) are nursing mothers; (4) are the sole caretakers of their minor children or elderly relatives; (5) function as the primary contact between the family and those outside the home due to language barriers; (6) are needed to support their spouses in caring for sick or special needs children; (7) have spouses who are ill or otherwise unable to be sole caretaker; or (8) are younger than 18 years of age. (g) Publicity.--The Department shall provide, and advertise in the mainstream and foreign language media, a toll-free number through which family members of alien detainees may report such relationships to operators who speak English and the majority language of the target population of the enforcement operation and will convey such information to the Department and SSA. SEC. 4. DETENTION PROCEDURES. (a) In General.--In order to maximize full and fair visitation by children, immediate family members, and counsel, an alien should be detained, to the extent space is available, in facilities within the physical jurisdiction or catchment area of the local field office of United States Immigration and Customs Enforcement. (b) Release.-- (1) In general.--Not later than 72 hours after an alien's apprehension in an immigration workplace enforcement operation, the alien shall be released from Department custody, in accordance with paragraph (2), if the alien-- (A) is not subject to mandatory detention under section 235(1)(B)(iii)(IV), 236(c), or 236A of the Immigration and Nationality Act (8 U.S.C. 1225(1)(B)(iii)(IV), 1226(c), and 1226a); (B) does not pose an immediate flight risk; and (C) meets any of the criteria set forth in section 3(f). (2) Type of release.--An alien shall be released under this subsection-- (A) on the alien's own recognizance; (B) by posting a minimum bond under section 236(a) of the Immigration and Nationality Act (8 U.S.C. 1226(a)); (C) on parole in accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)); or (D) through the Intensive Supervision Appearance Program or another comparable alternative to detention program. SEC. 5. LEGAL ORIENTATION PRESENTATIONS. Any alien arrested in an immigration enforcement operation that is reasonably calculated to apprehend, or results in the apprehension of, at least 50 aliens shall have access to legal orientation presentations provided by independent, nongovernmental agencies through the Legal Orientation Program administered by the Executive Office for Immigration Review. SEC. 6. REGULATIONS CONCERNING THE TREATMENT OF ALIENS IN A VULNERABLE POPULATION IN THE UNITED STATES. Not later than 6 months after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this Act, in accordance with the notice and comment requirements under subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act). SEC. 7. REPORT TO CONGRESS. The Secretary shall submit an annual report that describes all the actions taken by the Department to implement this Act to-- (1) Committee on the Judiciary of the Senate; (2) Committee on the Judiciary of the House of Representatives; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; and (4) the Committee on Homeland Security of the House of Representatives. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Families First Immigration Enforcement Act - Requires the Department of Homeland Security (DHS), in a workplace enforcement operation that is calculated to apprehend or does apprehend at least 50 aliens, to do the following: (1) give state agencies sufficient notice to arrange for representatives who speak the detainees' language and to provide for any special needs; (2) afford access to state social service agencies to screen and interview detainees to determine if medical risks or risks to relatives exist; (3) consider, upon recommendation, the release of detainees on age, medical, or family related humanitarian grounds; and (4) provide a toll-free number for families of detainees to report their relationship to DHS or state social services. Requires that such aliens have access to legal orientation presentations through the Executive Office for Immigration Review's legal orientation program. States that detainees should be held within the jurisdiction of the local U.S. Immigration and Customs Enforcement field office to the extent that space allows. Requires a detainee's release within 72 hours of apprehension if such alien is not subject to mandatory detention, does not pose a flight risk, or is subject to humanitarian release. States that such alien shall be released: (1) on his or her own recognizance; (2) by posting a minimum bond; (3) on parole under the Immigration and Nationality Act; or (4) through the intensive supervision appearance or similar program.

{"src": "billsum_train", "title": "A bill to provide for safe and humane policies and procedures pertaining to the arrest, detention, and processing of aliens in immigration enforcement operations."}

SECTION 1. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)), which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities, shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979, and (B) exercise the authorities he has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.-- (1) Repeal.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments.--(A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended-- (i) in subsection (a)(11) by striking ``and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,'' and inserting ``facilities,''; (ii) in subsection (b)-- (I) in paragraph (4) by adding ``and'' after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 5426, as enacted into law by section 1(a) of Public Law 106-387, and as contained in the appendix of such Public Law) is amended-- (1) in section 906(a)(1)-- (A) by striking ``to Cuba or''; and (B) by inserting ``(other than Cuba)'' after ``to the government of a country''; (2) in section 908-- (A) by striking subsection (b); (B) in subsection (a)-- (i) by striking ``Prohibition'' and all thatfollowsthrough``(1)In general.--'' and inserting ``In General.--''; (ii) by striking ``for exports to Cuba or''; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking ``paragraph (1)'' and inserting ``subsection (a)''; (3) by striking section 909; (4) by striking section 910; and (5) by redesignating section 911 as section 909. (g) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (h) Termination of Denial of Foreign Tax Credit With Respect to Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end thereof the following new flush sentence: ``Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date which is 60 days after the date of the enactment of this sentence.''. (i) Sugar Quota Prohibition Under Food Security Act of 1985.-- Section 902(c) of the Food Security Act of 1985 is repealed. SEC. 2. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 3. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel.--Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include, but are not limited to-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 4. DIRECT MAIL DELIVERY TO CUBA. The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. SEC. 5. PROHIBITION ON FEDERAL ASSISTANCE. (a) Prohibition.--No Federal funds may be used to provide any assistance to Cuba. (b) Definitions.--For purposes of subsection (a)-- (1) the term ``assistance to Cuba'' includes, but is not limited to-- (A) assistance to or for the benefit of Cuba that is provided by grant, commercial sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or a reserve, including, but not limited to-- (i) insurance, financing, extensions of credit, or participation in extensions of credit provided by the Export-Import Bank of the United States for exports to or imports from Cuba; (ii) insurance, reinsurance, financing, or equity investment provided by the Overseas Private Investment Corporation for projects in Cuba; (iii) any export credit, credit guaranty, bonus, or other payment carried out through the Commodity Credit Corporation in support of export sales of agricultural commodities to Cuba; (iv) assistance under any provision of the Agricultural Trade and Development Assistance Act of 1954 to, or in support of export sales of agricultural commodities to, Cuba; (v) financing or other assistance under the Agricultural Trade Act of 1978 in support of export sales of agricultural commodities to Cuba; and (vi) any loan, credit, or other financing by any United States agency to any person for the purpose of financing transactions involving confiscated property (within the meaning of section 4 of the Cuba Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, as in effect on the day before the date of the enactment of this Act); and (B) an exchange, reduction, or forgiveness of Cuban debt owed in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba (including the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba) or of a Cuban national; and (2) the term ``agency or instrumentality of the Government of Cuba'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to Cuba. SEC. 6. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act.

Amends the Foreign Assistance Act of 1961 and other specified Federal law to repeal the embargo placed upon all trade with Cuba.Amends the Internal Revenue Code to declare the denial of foreign tax credit inapplicable to Cuba.Permits: (1) installation and maintenance of telecommunications equipment and facilities in Cuba, including telecommunications services between the United States and Cuba; and (2) travel to and from Cuba by U.S. citizens or residents.Requires the U.S. Postal Service to provide direct mail service to and from Cuba.Prohibits U.S. assistance to Cuba, including assistance by the Export-Import Bank, the Overseas Private Investment Corporation, and the Commodity Credit Corporation, and any exchange, reduction, or forgiveness of Cuban debt.

{"src": "billsum_train", "title": "To lift the trade embargo on Cuba, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Numismatic Rarities Certainty Act of 2006''. SEC. 2. DISPOSITION OF CERTAIN UNITED STATES COINS. (a) In General.--Subchapter II of chapter 51, United States Code, is amended by adding at the end the following new section: ``Sec. 5123. Inventory and disposition of certain United States coins, medals, and numismatic items ``(a) Coins, Medals, and Numismatic Items Made Before 1933.--Any coin, medal, or numismatic item made or issued by the United States Government before January 1, 1933, that, as of the date of the enactment of the Numismatic Rarities Certainty Act of 2006, is not in the possession of the United States Government shall not be considered to be property of the United States, unless the coin, medal, or numismatic item is reacquired by the United States Government for value given in a sale or exchange. ``(b) Coins, Medals, and Numismatic Items Made After 1932.-- ``(1) In general.--In the case of any coin, medal, or numismatic item that-- ``(A) was struck or made by the United States Government after December 31, 1932; ``(B) was never issued by the United States Government; and ``(C) comes into the possession of the United States Government, the coin, medal, or numismatic item shall be transferred to the Secretary of the Treasury, if not already in the Secretary's possession, and the Secretary shall take the appropriate action required with respect to such coin, medal, or numismatic item under paragraph (2). ``(2) Disposition of coins, medals, or numismatic items.-- ``(A) Determination of available items.--Upon taking possession of any coin, medal, or numismatic item under paragraph (1), the Secretary of the Treasury shall make a determination of the number and condition of the coins, medals, or numismatic items of the same denomination, quality, type, and year of production as the coin, medal, or numismatic item referred to in such paragraph, taking into account the most recent inventory conducted in accordance with subsection (c). ``(B) Historic preservation and public display.-- The Secretary shall ensure that an appropriate number of any coin, medal, or numismatic item of the same denomination, quality, type, and year of production that are or come into the Secretary's possession-- ``(i) are retained for historical purposes; and ``(ii) are made available for public viewing at such times and places as the Secretary, in the sole discretion of the Secretary, determines to be appropriate. ``(C) Sale of excess at public auction.-- ``(i) In general.--If the Secretary determines that the number of any coins, medals, or numismatic items of the same denomination, quality, type, and year of production that are in the Secretary's possession exceeds the number that are appropriate for historic preservation and public display under subparagraph (B), the Secretary may dispose of such excess, or such portion of the excess as the Secretary determines to be appropriate, at public auction. ``(ii) Proceeds.--The proceeds from any auction conducted by the Secretary under clause (i) shall be deposited in an endowment fund for the National Numismatic Collection at the Smithsonian Institution. ``(iii) Rule of construction.--No provision of this section may be construed as authorizing the United States Mint to establish a national museum of money or any other museum. ``(D) Standards.--In making any determination with regard to any public auction of coins, medals, or numismatic items under subparagraph (C)(i), the following standards shall be taken into account by the Secretary: ``(i) Maximum return to the Government. ``(ii) Interest of the numismatic community in the sale and in the items to be offered for sale. ``(iii) Interest of the general public in the items to be offered for sale. ``(E) Destruction of unsold excess.--Any coins, medals, or numismatic items that-- ``(i) were determined by the Secretary, under subparagraph (C)(i) to be in excess of the number of such coins, medals, or numismatic items that are appropriate for historic preservation and public display under subparagraph (B); and ``(ii) remain unsold following an auction under such subparagraph, or were withheld from such auction by the Secretary in accordance with subparagraph (C)(i), may be treated as obsolete and disposed of in the manner provided in section 5120. ``(c) Inventory.-- ``(1) In general.--By January 1, 2007, and every 5 years thereafter, the Secretary of the Treasury shall conduct and compile an inventory of all coins, medals, or numismatic items that are in the possession of the United States Government or that are on loan to, or were at any time presented to or retained by, any person or entity (other than in accordance with a specific requirement of an Act of Congress) regardless of when such coin, medal, or numismatic item was struck or made. ``(2) Report on inventory.--The Secretary of the Treasury shall submit the inventory together with a report containing any findings, recommendations, or conclusions of the Secretary with respect to the inventory to the President and the Congress before January 31, 2007, and every 5 years thereafter. ``(d) Definition.--For purposes of this section, the term `numismatic item' has the same meaning as in section 5134(a)(3) (which includes dies, test pieces, and other products relating to such items). ''. (b) Clerical Amendment.--The table of sections for chapter 51, United States Code, is amended by inserting after the item relating to section 5122 the following new item: ``5123. Inventory and disposition of certain United States coins, medals, and numismatic items.''.

Numismatic Rarities Certainty Act of 2006 - Amends federal law governing coins and currency to provide that any coin, medal, or numismatic item made or issued by the United States before January 1, 1933, that is not in the possession of the federal government as of the date of the enactment of this Act, shall not be considered to be property of the United States unless it is reacquired by the United States for value given in a sale or exchange. Requires transfer to the Secretary of the Treasury of any coins, medals, and numismatic items that were struck or made by the U.S. government after 1932, which were never issued by the U.S. government, and yet come into its possession. Prescribes guidelines for disposition of such items, including historic preservation, public display, and sales at public auction. Requires the Secretary to compile an inventory of all coins, medals, or numismatic items that are either: (1) in the possession of the U.S. government; or (2) on loan to, or were at any time presented to or retained by, any person or entity (other than in accordance with a specific requirement of federal law), regardless of when such item was struck or made.

{"src": "billsum_train", "title": "To amend title 31, United States Code, to provide a clear line of demarcation with regard to private ownership of any coin, medal, or numismatic item made or issued by the United States Government before January 1, 1933, that is not in the possession of the United States Government, to establish certain guidelines and requirements with respect to the inventory, preservation, public display, and disposition of certain United States coins, medals, and numismatic items that were struck or made after December 31, 1932, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Captive Primate Safety Act''. SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED WILDLIFE SPECIES. Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 3371(g)) is amended by inserting before the period at the end ``or any nonhuman primate''. SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. (a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting ``or'' after the semicolon; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by inserting ``or subsection (e)'' before the period; and (2) in subsection (e)-- (A) by striking ``(e)'' and all that follows through paragraph (1) and inserting the following: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, any live animal of any prohibited wildlife species.''; and (B) in paragraph (2)-- (i) by striking so much as precedes subparagraph (A) and inserting the following: ``(2) Limitation on application.--Paragraph (1) does not apply to any person who--''; (ii) in subparagraph (A), by inserting before the semicolon at the end ``and does not allow direct contact between the any member of the public and a live bear, tiger, lion, jaguar, cougar, African leopard, snow leopard, ape, gibbon, siamang, monkey, or loris, regardless of the age of the animal''; (iii) in subparagraph (B), by striking ``State-licensed wildlife rehabilitator,''; (iv) in subparagraph (C)-- (I) by striking ``an accredited'' and inserting ``a''; (II) in clauses (ii) and (iii), by striking ``animals listed in section 2(g)'' each place it appears and inserting ``prohibited wildlife species''; and (III) in clause (iv), by striking ``animals'' and inserting ``prohibited wildlife species''; and (v) in subparagraph (D), by striking ``animal'' each place it appears and inserting ``prohibited wildlife species''. (b) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended-- (1) by inserting ``(e),'' after ``subsections (b), (d),''; and (2) by inserting ``, (e),'' after ``subsection (d)''. (c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in subparagraphs (A) and (B) of paragraph (1), by inserting ``(e),'' after ``subsections (b), (d),'' each place it appears; (2) in paragraph (2), by inserting ``(e),'' after ``subsections (b), (d),''; and (3) in paragraph (3), by inserting ``, (e),'' after ``subsection (d)''. (d) Effective Date; Regulations.-- (1) Effective date.--Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of-- (A) the date of promulgation of regulations under paragraph (2); and (B) the expiration of the period referred to in paragraph (2). (2) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section. SEC. 4. APPLICABILITY PROVISION AMENDMENT. Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108-191) is amended-- (1) in subsection (a), by striking ``(a) In General.-- Section 3'' and inserting ``Section 3''; and (2) by striking subsection (b). SEC. 5. REGULATIONS. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: ``(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3(e).''.

Captive Primate Safety Act This bill amends the Lacey Act Amendments of 1981 to prohibit importing, exporting, transporting, selling, receiving, acquiring, or purchasing in interstate or foreign commerce any live animal of a non-human primate species. The bill also limits any licensed or registered person from allowing direct contact between any member of the public and a live bear, tiger, lion, jaguar, cougar, African leopard, snow leopard, ape, gibbon, siamang, monkey, or loris. The Lacey Act prohibition applies to state-licensed wildlife rehabilitators.

{"src": "billsum_train", "title": "Captive Primate Safety Act"}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. (a) Short Title.--This Act may be cited as the ``Real Solutions to World Hunger Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; findings. Sec. 2. Definitions. Sec. 3. Ensuring safety and mitigating ecological impacts of United States exports of genetically engineered animals, plants, and seeds. Sec. 4. Promotion of international research regarding sustainable agriculture to assist developing countries. Sec. 5. Position of the United States in the international financial institutions regarding genetically engineered animals, plants, and seeds. Sec. 6. Tax on biotech companies to help fund sustainable agriculture research. (c) Findings.--Congress finds the following: (1) The need for mandatory labeling, safety testing, and environmental reviews of genetically engineered foods do not constitute obstacles to the cessation of world hunger. (2) The dominant causes of world hunger are not technological in nature, but rooted in basic social-economic failures. (3) Technologies, like genetically engineered food, may have a limited role, but economics remain the significant barrier to a consistent food supply, and the development of expensive genetically engineered foods may only exacerbate this trend. (4) Most genetically engineered food products and almost all research funding for the development of genetically engineered food target developed nation agriculture and consumers. Developing countries cannot afford this technology and therefore are vastly ignored. (5) Agroecological interventions have had significant success in helping developing nations feed themselves with higher yields and improved environmental practices, all within reasonable costs for developing countries. (6) If the biotech industry believes they can help mitigate hunger concerns, domestic or foreign, then requiring biotech companies to make available the necessary resources for this purpose is appropriate. SEC. 2. DEFINITIONS. In this Act: (1) Genetically engineered animal.--The term ``genetically engineered animal'' means an animal that contains a genetically engineered material or was produced with a genetically engineered material. An animal shall be considered to contain a genetically engineered material or to have been produced with a genetically engineered material if the animal has been injected or otherwise treated with a genetically engineered material or is the offspring of an animal that has been so injected or treated. (2) Genetically engineered plant.--The term ``genetically engineered plant'' means a plant that contains a genetically engineered material or was produced from a genetically engineered seed. A plant shall be considered to contain a genetically engineered material if the plant has been injected or otherwise treated with a genetically engineered material (except that the use of manure as a fertilizer for the plant may not be construed to mean that the plant is produced with a genetically engineered material). (3) Genetically engineered seed.--The term ``genetically engineered seed'' means a seed that contains a genetically engineered material or was produced with a genetically engineered material. A seed shall be considered to contain a genetically engineered material or to have been produced with a genetically engineered material if the seed (or the plant from which the seed is derived) has been injected or otherwise treated with a genetically engineered material (except that the use of manure as a fertilizer for the plant may not be construed to mean that any resulting seeds are produced with a genetically engineered material). (4) Genetically engineered material.--The term ``genetically engineered material'' means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization or tissue culture or mutagenesis. (5) Biotech company.--The term ``biotech company'' means a person engaged in the business of creating genetically engineered material and obtaining the patent rights to that material for the purposes of commercial exploitation of that material. The term does not include the employees of such person. SEC. 3. ENSURING SAFETY AND MITIGATING ECOLOGICAL IMPACTS OF UNITED STATES EXPORTS OF GENETICALLY ENGINEERED ANIMALS, PLANTS, AND SEEDS. It shall be unlawful for any person to ship or offer for shipment, or for any carrier or other person to transport or receive for transportation, to any foreign country, any genetically engineered animal, genetically engineered plant, or genetically engineered seed that the person knows, or has reason to believe, will be used by the ultimate purchaser to produce an agricultural commodity if-- (1) the genetically engineered animal, genetically engineered plant, or genetically engineered seed-- (A) was denied a Federal approval necessary as a condition for commercial marketing in the United States; or (B) was the subject of an application for such a Federal approval that was withdrawn; or (2) the government of the foreign country has not certified that ecological impacts related to the importation of the genetically engineered animal, genetically engineered plant, or genetically engineered seed have been mitigated to the satisfaction of the foreign government. SEC. 4. PROMOTION OF INTERNATIONAL RESEARCH REGARDING SUSTAINABLE AGRICULTURE TO ASSIST DEVELOPING COUNTRIES. (a) Grants for International Research.--The Secretary of Agriculture may make grants to designated international research institutions for the purpose of promoting the development of sustainable agriculture techniques that rely on minimum artificial inputs to meet the food and fiber needs of developing countries. Eligible sustainable agriculture techniques may not derive any genetic engineered material. (b) Use of Grant Funds.--A grant recipient shall use the funds provided under this section only in a manner consistent with the purpose for which the grant is awarded. (c) Designated Institutions.--The Secretary of Health and Human Services shall designate the international research institutions eligible to apply for a grant under this section. The designated institutions shall include the United Nations Food and Agriculture Organization and the Consultative Group on International Agricultural Research. (d) Competitive Basis.--Grants under this section shall be made on a competitive basis. (e) Funding Source.--The Secretary of Agriculture shall use the Sustainable Agriculture Trust Fund, in such amounts as provided in advance in appropriation Acts, to make grants under this section. SEC. 5. POSITION OF THE UNITED STATES IN THE INTERNATIONAL FINANCIAL INSTITUTIONS REGARDING GENETICALLY ENGINEERED ANIMALS, PLANTS, AND SEEDS. The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to make no effort to encourage the institution to prohibit any country eligible for assistance under the Heavily Indebted Poor Countries (HIPC) Initiative of the International Bank for Reconstruction and Development from requiring compulsory licensing with respect to any genetically engineered animal, genetically engineered plant, or genetically engineered seed. SEC. 6. TAX ON BIOTECH COMPANIES TO HELP FUND SUSTAINABLE AGRICULTURE RESEARCH. (a) Special Tax.-- (1) Tax imposed.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--TAX ON GENETIC ENGINEERING BUSINESSES ``Sec. 59B. Imposition of tax. ``SEC. 59B. IMPOSITION OF TAX. ``(a) Tax Imposed.--In the case of a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 1 percent of the gross income of such business for the taxable year which is attributable (directly or indirectly) to-- ``(1) the marketing in the United States of any genetically engineered organism, or ``(2) the holding of a patent on any such an organism. ``(b) Definition.--In this section, the term `genetically engineered organism' means-- ``(1) an organism that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including but not limited to recombinant DNA and RNA techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis; and ``(2) an organism made through sexual or asexual reproduction (or both) involving an organism described in subparagraph (A), if possessing any of the altered molecular or cellular characteristics of the organism so described.'' (2) Clerical amendment.--The table of parts for such subchapter A is amended by adding at the end the following new item: ``Part VIII. Tax on genetic engineering businesses.'' (3) Effective Date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (b) Sustainable Agriculture Trust Fund.-- (1) Creation and funding source.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. SUSTAINABLE AGRICULTURE TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Sustainable Agriculture Trust Fund', consisting of such amounts as may be appropriated or credited to the Sustainable Agriculture Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to Trust Fund of Certain Taxes.--There is hereby appropriated to the Sustainable Agriculture Trust Fund amounts equivalent to the taxes received in the Treasury under section 59B. ``(c) Expenditures From Trust Fund.--Amounts in the Sustainable Agriculture Trust Fund shall be available, as provided in appropriation Acts, only for grants under sections 3 and 4 of the Real Solutions to World Hunger Act of 2002.''. (2) Clerical amendment.--The table of sections for such subchapter A is amended by adding at the end the following new item: ``Sec. 9511. Sustainable Agriculture Trust Fund.''

Real Solutions to World Hunger Act of 2002 - Makes it unlawful for any person to ship, or offer to ship, or for any carrier or person to transport, or receive for transportation, to any foreign country, any genetically engineered animal, plant, or seed (as defined by this Act) if the person knows or has reason to believe that the engineered article will be used to produce an agricultural commodity if: (1) such article was denied Federal approval for U.S. marketing, or its application for approval was withdrawn; or (2) the foreign government has not certified that related ecological impacts of such article have been satisfactorily mitigated.Authorizes the Secretary of Agriculture to make grants to designated international research institutions to promote development of sustainable agricultural techniques (which may not derive any genetic engineered material) that rely on minimum artificial inputs to meet developing countries' food and fiber needs.Directs the Secretary of the Treasury to instruct the United States Executive Director at each international financial institution to make no effort to encourage the institution from prohibiting countries eligible for certain assistance from requiring compulsory licensing of genetically engineered animals, plants, or seeds.Amends the Internal Revenue Code to: (1) impose a tax on a corporation equal to one percent of the gross income that is attributable to the U.S. marketing of any genetically engineered organism (as defined by this Act), or the holding of a patent on any such organism; and (2) establish in the Treasury the Sustainable Agriculture Trust Fund.

{"src": "billsum_train", "title": "To ensure that efforts to address world hunger through the use of genetically engineered animals and crops actually help developing countries and peoples while protecting human health and the environment, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commonsense Reporting Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of the Treasury and the Internal Revenue Service should work together with other relevant departments and agencies to identify and implement methods to minimize compliance burdens on businesses, insurance carriers, and individuals. (2) Such collaboration should strike an appropriate balance between sufficient reporting to enforce the law and protecting the privacy of individuals. SEC. 3. VOLUNTARY PROSPECTIVE REPORTING SYSTEM. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, shall develop and implement guidance providing for a prospective reporting system meeting the requirements of subsection (b). Such system shall be available for use by employers on a voluntary basis beginning not later than January 1, 2017. (b) Requirements.--The system created under subsection (a) shall include-- (1) voluntary reporting by each participating employer, not later than 45 days before the first day of the annual open enrollment period under section 1311(c)(6)(B) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)(6)(B)) for each calendar year, of-- (A) the name and employer identification number of the employer; (B) a certification of-- (i) whether coverage meeting the definition of minimum essential coverage in section 5000A(f) of the Internal Revenue Code of 1986 is offered to the full-time employees (within the meaning of section 4980H of such Code) of the employer; (ii) whether such coverage is offered to part-time employees of the employer; (iii) whether such coverage is offered to dependents of employees; (iv) whether such coverage is offered to spouses of employees; (v) whether such coverage meets the minimum value requirement of section 36B(c)(2)(C)(ii) of such Code; (vi) whether such coverage satisfies the requirements to qualify for one of the affordability safe harbors promulgated by the Secretary of the Treasury for purposes of section 4980H of such Code; and (vii) whether the employer reasonably expects to be liable for any shared responsibility payment under section 4980H of such Code for such year; (C) the months during the prospective reporting period that such coverage is available to individuals described in clauses (i) through (iv) of subparagraph (B); and (D) what waiting periods, if any, apply with respect to such coverage; (2) processes necessary to ensure that Exchanges, the Federal Marketplace Data Services Hub, and the Internal Revenue Service can securely and confidentially access the information described in paragraph (1) as necessary to carry out their respective missions, and to provide to the Secretary of Health and Human Services additional information relating to eligibility determinations for advance payment of the premium tax credits under section 36B of such Code and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071); (3) a process to allow Exchanges to follow up with employers in order to obtain additional reasonably necessary information relating to an employee's eligibility for such advance payment or such cost-sharing subsidies, and to allow an employee to receive notification of any problem in verifying such eligibility; and (4) a process to allow employers using the system to provide timely updates to the Federal Marketplace Data Services Hub regarding any cancellation of coverage or significant change in coverage for participating employees that would change the information reported under paragraph (1). (c) Employer Notification of Employee Enrollment in Exchange Plans.--Subparagraph (J) of section 1311(d)(4) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(d)(4)(J)) is amended by striking ``to each employer'' and all that follows and inserting ``to each employer-- ``(i) the name of each employee of the employer who enrolls in a qualified health plan for a plan year, or whose dependents enroll in such a plan, at the time of such enrollment; or ``(ii) the name of each employee of the employer described in subparagraph (I)(ii) who ceases coverage under a qualified health plan during a plan year (and the effective date of such cessation); and''. (d) Exemption From Reporting Requirement Under Internal Revenue Code of 1986.--Section 6056 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Exemption.--If, through the system created under section 3(a) of the Commonsense Reporting Act of 2015, an employer provides prospective reporting for any calendar year that meets the requirements of section 3(b)(1) of such Act-- ``(1) such employer shall be treated as satisfying the return requirements of subsections (a) and (b) for such year; and ``(2) such employer shall be treated as satisfying the requirements of subsection (c) for such year if the employer-- ``(A) furnishes the statement described in such section to those employees of the employer whose names have been provided to the employer by an Exchange under section 1311(d)(4)(J)(i) of the Patient Protection and Affordable Care Act regarding enrollment of the employee or a dependent in a qualified health plan (as defined in section 1301 of such Act) through the Exchange; and ``(B) furnishes a copy of such statement with respect to such employees to the Secretary.''. (e) Third-Party Filing.--An employer may contract with a third party to make the report under subsection (b)(1) without affecting the employer's treatment as having satisfied the return requirements of subsections (a) and (b) of section 6056 of the Internal Revenue Code of 1986. (f) Access to the National Directory of New Hires.--Subsection (i)(3) of section 453 of the Social Security Act (42 U.S.C. 653) is amended by adding at the end the following new sentence: ``The Secretary of the Treasury and the Secretary of Health and Human Services shall have access to the information in the National Directory of New Hires for purposes of administering section 36B and 4980H of the Internal Revenue Code of 1986 and section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). Subsection (k)(3) shall not apply to information received for purposes of the administration of such sections 36B and 4980H of such Code and section 1402 of such Act.''. (g) Improving Employee Access to Accurate EINs.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall develop and implement guidance for allowing any employee of an employer to receive, on request, the employer's employer identification number for purposes of section 6056 of the Internal Revenue Code of 1986. (h) Funding for Voluntary Prospective Reporting System.--It is the sense of Congress that building and maintaining the voluntary prospective reporting system described in this section will require appropriations to the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, and that necessary sums to carry out the requirements of this section should be appropriated for such purpose. SEC. 4. PROTECTION OF DEPENDENT PRIVACY. (a) In General.--Paragraph (1) of section 6055(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``For purposes of subparagraph (B)(i), in the case of an individual other than the primary insured, if the health insurance issuer or the employer is unable to collect or maintain information on the TINs of such individuals (other than for purposes of this section), the Secretary may allow the individual's full name and date of birth to be substituted for the name and TIN. In the event the Secretary allows the use of the individual's full name and date of birth in lieu of the TIN, the Social Security Administration shall assist the Internal Revenue Service in providing data matches to determine the TIN associated with the name and date of birth provided by the Internal Revenue Service with respect to such individual.''. (b) Effective Date.--The amendment made by this section shall apply to returns the due date for which is after the date that is 60 days after the date of the enactment of this Act. SEC. 5. ELECTRONIC STATEMENTS. (a) In General.--Subsection (c) of section 6056 of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``An individual shall be deemed to have consented to receive the statement under this section in electronic form if such individual has affirmatively consented at any prior time, to the person who is the employer of the individual during the calendar year to which the statement relates, to receive such statement in electronic form. The preceding sentence shall not apply if the individual revokes consent in writing with respect to the statement under this section.''. (b) Statements Relating to Health Insurance Coverage.--Subsection (c) of section 6055 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Electronic delivery.--An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has affirmatively consented at any prior time, to the person required to make such statement (such as the provider of the individual's health coverage), to receive in electronic form any private health information (such as electronic health records), unless the individual revokes such consent in writing.''. (c) Effective Date.--The amendments made by this section shall apply to statements the due date for which is after December 31, 2015. SEC. 6. GAO STUDIES. (a) Study of Prospective Reporting System.--Not later than July 1, 2018, the Comptroller General of the United States shall conduct a study evaluating, with respect to the period beginning on January 1, 2017, and ending on December 31, 2017, the functionality of the prospective reporting system established under section 3 of this Act, including the accuracy of information collected, the number of employers electing to report under such system, and any challenges that have arisen. (b) Report.--The results of the study under subsection (a) shall be reported to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means, Energy and Commerce, and Education and the Workforce of the House of Representatives.

Commonsense Reporting Act of 2015 This bill amends the Patient Protection and Affordable Care Act (PPACA) and the Internal Revenue Code to modify the requirements for employers to report health insurance coverage information to the Internal Revenue Service (IRS) by the end of the tax year. The bill changes the information that is required and permits employers to voluntarily report the information prior to the beginning of open enrollment. The Department of the Treasury must develop a prospective reporting system to permit: employers to voluntarily report specified health insurance coverage information before the annual open enrollment period; the exchanges, the Federal Marketplace Data Services Hub, and the IRS to access the information to provide the Department of Health and Human Services with information related to eligibility for advance payment of premium tax credits and cost-sharing subsidies; the exchanges to communicate with employers and employees regarding eligibility for the tax credits or cost-sharing subsidies; and employers to provide updates to the Federal Marketplace Data Services Hub regarding changes in coverage for employees. At the time of enrollment, exchanges must provide employers the names of employees and dependents that enroll in a qualified health plan for a year. If a health insurance issuer or employer is unable to obtain the Taxpayer Identification Number of a dependent, Treasury may permit the individual's full name and date of birth to be used instead. Employers participating in the reporting system established by this bill are exempt from the requirement to report health insurance coverage information to the IRS by the end of the tax year.

{"src": "billsum_train", "title": "Commonsense Reporting Act of 2015"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Reinforcement Act''. TITLE I--ADOPTION ASSISTANCE SEC. 101. REFUNDABLE CREDIT FOR ADOPTION EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. ADOPTION EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified adoption expenses paid or incurred by the taxpayer during such taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount of qualified adoption expenses which may be taken into account under subsection (a) with respect to the adoption of a child shall not exceed $5,000. ``(2) Income limitation.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $60,000, bears to ``(B) $40,000. ``(3) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowable under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(c) Qualified Adoption Expenses.--For purposes of this section, the term `qualified adoption expenses' means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of a child by the taxpayer and which are not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement. The term `qualified adoption expenses' shall not include any expenses in connection with the adoption by an individual of a child who is the child of such individual's spouse. ``(d) Married Couples Must File Joint Returns.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section.'' (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following: ``Sec. 35. Adoption expenses. ``Sec. 36. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. TITLE II--ELDERCARE ASSISTANCE SEC. 201. REFUNDABLE CREDIT FOR CUSTODIAL CARE OF CERTAIN DEPENDENTS IN TAXPAYER'S HOME. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. CREDIT FOR TAXPAYERS WITH CERTAIN PERSONS REQUIRING CUSTODIAL CARE IN THEIR HOUSEHOLDS. ``(a) Allowance of Credit.--In the case of an individual who maintains a household which includes as a member one or more qualified persons, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to $500 for each such person. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified person.--The term `qualified person' means any individual-- ``(A) who is-- ``(i) a father or mother, or stepfather or stepmother, of the taxpayer, his spouse, or his former spouse, or ``(ii) a father or mother, or stepfather or stepmother, of an individual described in clause (i), ``(B) who has been certified by a physician as-- ``(i) being unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in paragraph (2)), or ``(ii) having a similar level of disability due to cognitive impairment, and ``(C) who has as his principal place of abode for more than half of the taxable year the home of the taxpayer. ``(2) Activities of daily living.--For purposes of paragraph (1), each of the following is an activity of daily living: ``(A) Bathing.--The overall complex behavior of getting water and cleansing the whole body, including turning on the water for a bath, shower, or sponge bath, getting to, in, and out of a tub or shower, and washing and drying oneself. ``(B) Dressing.--The overall complex behavior of getting clothes from closets and drawers and then getting dressed. ``(C) Toileting.--The act of going to the toilet room for bowel and bladder function, transferring on and off the toilet, cleaning after elimination, and arranging clothes. ``(D) Transfer.--The process of getting in and out of bed or in and out of a chair or wheelchair. ``(E) Eating.--The process of getting food from a plate or its equivalent into the mouth. ``(3) Physician.--The term `physician' means a doctor of medicine or osteopathy legally authorized to practice medicine or surgery in the jurisdiction in which he makes the determination under paragraph (1). ``(c) Special Rules.--For purposes of this section, rules similar to the rules of paragraphs (1), (2), (3), and (4) of section 21(e) shall apply. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.'' (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. Credit for taxpayers with certain persons requiring custodial care in their households. ``Sec. 37. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. TITLE III--CHILD PROTECTION SEC. 301. INCREASED PENALTIES FOR USE OF A COMPUTER IN SEXUAL CRIMES AGAINST CHILDREN. The United States Sentencing Commission shall amend the sentencing guidelines applicable to section 2252 of title 18, United States Code, to increase the offense level by 2 levels if a computer was used in the transporting or shipment of the visual depiction. SEC. 302. MANDATORY MINIMUM SENTENCE FOR PROSTITUTION OF CHILDREN. Section 2423 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``or imprisoned not more than ten years, or both.'' and inserting ``and imprisoned not less than 3 nor more than 10 years.''; and (2) in subsection (b), by striking ``, imprisoned not more than 10 years, or both.'' and inserting ``and imprisoned not less than 3 nor more than 10 years.''. SEC. 303. SENTENCING GUIDELINES RELATING TO PROSTITUTION OF CHILDREN. The United States Sentencing Commission shall amend the sentencing guidelines applicable to section 2423 of title 18, United States Code, to assure that an increase in the age of the child who is the victim of the offense does not result in a lighter punishment. SEC. 304. INCREASE IN PENALTY FOR SEXUAL ABUSE OF A MINOR. Section 2243(a) of title 18, United States Code, is amended by inserting ``less than 3 nor'' after ``imprisoned not''. SEC. 305. INCREASE IN PENALTY FOR SEXUAL ABUSE OF A WARD. Section 2243(b) of title 18, United States Code, is amended by striking ``more than one year'' and inserting ``less than 3 nor more than 15 years''. TITLE IV--FAMILY PRIVACY PROTECTION SEC. 401. FAMILY PRIVACY PROTECTION. (a) Notwithstanding any other provision of law, no program or activity funded in whole in or part by any Federal department or agency shall require a minor to submit to a survey, analysis, or evaluation that reveals information concerning: (1) parental political affiliations; (2) mental or psychological problems potentially embarrassing to the minor or his family; (3) sexual behavior or attitudes; (4) illegal, anti-social, self-incriminating, or demeaning behavior; (5) appraisals of other individuals with whom the minor has a familial relationship; (6) relationships that are legally recognized as privileged, such as those with lawyers, physicians, and members of the clergy; (7) the minor's household income, other than information required by law to determine eligibility for participation in a program or for receiving financial assistance from a program; or (8) religious beliefs, without the written consent of at least one of the minor's parents or guardians or, in the case of an emancipated minor, the prior consent of the minor himself. (b) Subsection (a) shall not apply to tests intended to measure academic performance except to the extent that such tests would require a minor to reveal information listed in paragraphs (1) through (6) of subsection (a). SEC. 402. NOTIFICATION PROCEDURES. A department or agency which, in whole or in part, supports a program or activity involving any survey, analysis, or evaluation of minors shall establish procedures by which the department or agency, or its grantees, shall notify minors and their parents of their rights under this title. SEC. 403. EFFECTIVE DATE. This title shall take effect 30 days after the date of the enactment of this Act. TITLE V--CHILD SUPPORT ENFORCEMENT SEC. 501. ENFORCEMENT OF CHILD SUPPORT ORDERS. (a) In General.--Section 1738A of title 28, United States Code, is amended-- (1) in subsection (a) by inserting ``or child support order'' after ``child custody determination''; (2) in subsection (b)-- (A) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (B) by inserting after paragraph (1) the following new paragraph: ``(2) `child support order' means a judgment, decree, or order of a court requiring the payment of money, whether in periodic amounts or lump sum, for the support of a child and includes permanent and temporary orders, initial orders and modifications, on-going support and arrearages;''; (3) in subsection (c)-- (A) in the first sentence by inserting ``or child support order'' after ``child custody determination''; and (B) in paragraph (2)(D)(i) by inserting ``or support'' after ``determine the custody''; (4) in subsection (d), by striking out ``the requirement of subsection (c)(1) of this section continues to be met and''; and (5) in subsection (f)(2), by inserting ``as described under subsection (d) of this section,'' after ``no longer has jurisdiction,''. (b) Technical and Conforming Amendments.--(1) The heading for section 1738A of title 28, United States Code, is amended to read as follows: ``SEC. 1738A. FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY DETERMINATIONS AND CHILD SUPPORT ORDERS.''. (2) The table of sections for chapter 115 of title 28, United States Code, is amended by striking out the item relating to section 1738A and inserting in lieu thereof: ``1738A. Full faith and credit given to child custody determinations and child support orders.''. (c) Effective Date.--The amendments made by this section shall be effective on and after the date of the enactment of this Act. SEC. 502. UNIFORM TERMS IN ORDERS. (a) In General.--Section 452(a) of the Social Security Act (42 U.S.C. 652(a)) is amended-- (1) in paragraph (9), by striking ``and'' after the semicolon; (2) in paragraph (10), by striking the period at the end of the 2nd sentence and inserting ``; and''; and (3) by adding at the end the following: ``(11) develop, in conjunction with State executive and judicial organizations, a uniform abstract of a child support order, for use by all State courts to record in each child support order-- ``(A) the date support payments are to begin under the order; ``(B) the circumstances upon which support payments are to end under the order; ``(C) the amount of child support payable pursuant to the order expressed as a sum certain to be paid on a monthly basis, arrearages expressed as a sum certain as of a certain date, and any payback schedule for the arrearages; ``(D) whether the order awards support in a lump sum (nonallocated) or per child; ``(E) if the award is in a lump sum, the event causing a change in the support award and the amount of any change; ``(F) other expenses covered by the order; ``(G) the names of the parents subject to the order; ``(H) the social security account numbers of the parents; ``(I) the name, date of birth, and social security account number (if any) of each child covered by the order; ``(J) the identification (FIPS code, name, and address) of the court that issued the order; ``(K) any information on health care support required by the order; and ``(L) the party to contact if additional information is obtained.''. SEC. 503. WORK REQUIREMENT FOR NONCUSTODIAL PARENTS WITH CHILD SUPPORT ARREARAGES. Section 466(a) of the Social Security Act (42 U.S.C. 666(a)) is amended by inserting after paragraph (11) the following: ``(12) Procedures requiring that-- ``(A) upon a determination by the State agency referred to in section 402(a)(3) that the noncustodial parent of any child who is applying for or receiving aid under the State plan approved under part A owes child support (as defined in section 462(b)) with respect to the child, is in arrears in the payment of such support in an amount that is not less than twice the amount of the monthly child support obligation, is not incapacitated, and is not subject to a court- approved plan for payment of such arrearage, the State agency referred to in section 402(a)(3) send to the noncustodial parent a letter notifying the noncustodial parent that the noncustodial parent-- ``(i) is required to pay child support with respect to the child; and ``(ii) is subject to fines and other penalties for failure to pay the full amount of such support in a timely manner; and ``(B) if, by the end of the 30-day period that begins with the date the letter is sent pursuant to subparagraph (A), the amount of the arrearage has not decreased by at least a percentage amount specified by the State agency, the State seek a court order requiring the noncustodial parent-- ``(i) to participate in a job search program established by the State, for not less than 2 weeks and not more than 4 weeks; and ``(ii) if, by the end of the 30-day period beginning on the date the order is entered, the amount of the arrearage has not decreased by at least a percentage amount specified by the State agency, to participate in a work program established by the State, for not less than 35 hours per week (or, if the program also requires job search, for not less than 30 hours per week).''.

TABLE OF CONTENTS: Title I: Adoption Assistance Title II: Eldercare Assistance Title III: Child Protection Title IV: Family Privacy Protection Title V: Child Support Enforcement Family Reinforcement Act - Title I: Adoption Assistance - Amends the Internal Revenue Code to allow an income tax credit for up to $5,000 of qualified adoption expenses paid or incurred by the taxpayer during the taxable year. Sets forth a formula for reduction of such credit for taxpayers whose adjusted gross income exceeds $60,000. Denies such a credit for any expense for which a deduction or credit is allowable under another Code provision. (Sec. 101) Defines "qualified adoption expenses" as reasonable and necessary adoption fees, court costs, attorney's fees, and other lawful expenses directly related to legal adoption of a child, but not any expenses paid from any funds received under a Federal, State, or local program. Disqualifies for such a credit any expenses in connection with the adoption of a child of the taxpayer's spouse. Title II: Eldercare Assistance - Allows an individual taxpayer an income tax credit of $500 for each member of the household maintained by the taxpayer who: (1) is the taxpayer's, or taxpayer's spouse's, parent or stepparent; (2) is certified by a physician as unable to perform (without substantial assistance from another individual) at least two activities of daily living (bathing, dressing, toileting, transferring in and out of a bed or chair, and eating), or has a similar level of disability due to cognitive impairment; and (3) has the taxpayer's home as his or her principal place of abode for more than half the taxable year. Title III: Child Protection - Directs the United States Sentencing Commission to amend the sentencing guidelines with respect to the sexual exploitation and abuse of children to increase the offense level by two levels if a computer was used in the transportation or shipment of a visual depiction of the child. (Sec. 302) Establishes a mandatory minimum sentence of three years for transporting an individual under 18 years of age for prostitution purposes. (Sec. 303) Directs the United States Sentencing Commission to amend the sentencing guidelines with respect to the transporting of an individual under 18 years of age for prostitution purposes. Requires such guidelines to assure that an increase in the age of the child who is the victim of the offense does not result in a lighter punishment. (Sec. 304) Requires: (1) a minimum three-year imprisonment for sexual abuse of a minor; and (2) a minimum three-year to maximum 15- year imprisonment for sexual abuse of a ward. Title IV: Family Privacy Protection - Declares that no program or activity funded wholly or partially by any Federal department or agency shall require a minor to submit without written parental or guardian consent (or, if the minor is emancipated, without the minor's own prior consent) to a survey, analysis, or evaluation that reveals information concerning: (1) parental political affiliations; (2) potentially embarrassing mental or psychological problems; (3) sexual behavior or attitudes; (4) illegal, anti-social, self-incriminating, or demeaning behavior; (5) appraisals of other individuals with whom the minor has a familial relationship; (6) relationships legally recognized as privileged, such as those with lawyers, physicians, and clergy; (7) the minor's household income (except as required by law to determine eligibility for participation in a program or for receipt of program financial assistance); or (8) religious beliefs. Exempts from this prohibition tests intended to measure academic performance, except as they would require information listed in (1) through (6). Prescribes agency notice requirements. Title V: Child Support Enforcement - Amends the Federal judicial code to require the appropriate authorities of every State to enforce child support orders of another State without modification. (Sec. 502) Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require a specified designee of the Secretary of Health and Human Services to develop, in conjunction with State executive and judicial organizations, a uniform abstract of a child support order, for use by all State courts to record specified terms in each child support order. (Sec. 503) Directs States to enact procedures subjecting noncustodial parents with certain child support arrearages with respect to a child receiving Aid to Families With Dependent Children (AFDC) to civil penalties and job search and work program participation requirements until such arrearages are reduced by a specified percentage.

{"src": "billsum_train", "title": "Family Reinforcement Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Smokestacks Act of 2005''. SEC. 2. REDUCTION OF EMISSIONS FROM POWERPLANTS. Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``SEC. 132. REDUCTION OF EMISSIONS FROM POWERPLANTS. ``(a) Emission Reduction Objectives.--The emission reduction objectives of this section are to reduce, not later than January 1, 2010: ``(1) aggregate sulfur dioxide emissions from powerplants by 75 percent from the levels allowed under full implementation of the Phase II sulfur dioxide requirements under title IV (relating to acid deposition control); ``(2) aggregate nitrogen oxide emissions from powerplants by 75 percent from 1997 levels; ``(3) aggregate carbon dioxide emissions from powerplants to the level of carbon dioxide emissions from powerplants in 1990; and ``(4) aggregate mercury emissions from powerplants by 90 percent from the 1999 levels. ``(b) Agency Action.-- ``(1) Regulations.-- ``(A) In general.--Not later than 2 years after the date of enactment of this section, the Administrator shall promulgate regulations to achieve the emission reduction objectives specified in subsection (a). ``(B) Elements.--The regulations promulgated under subparagraph (A)-- ``(i) shall achieve the objectives in a manner that the Administrator determines will allocate required emission reductions equitably, taking into account emission reductions achieved before the date of enactment of this section and other relevant factors; ``(ii) may include, except in the case of mercury, market-oriented mechanisms (such as emissions trading based on generation performance standards, auctions, or other allocation methods); ``(iii) shall prevent localized adverse effects on public health and the environment and ensure that significant emission reductions are achieved in both the Eastern and Western regions of the United States; ``(iv) shall ensure that any captured or recovered mercury is not rereleased into the environment; and ``(v) shall include, consistent with achieving the objectives set forth in subsection (a), incentives for renewable energy. ``(2) Interagency coordination to minimize costs and maximize gains.--To minimize the economic costs and maximize the economic gains of achieving the emission reduction objectives specified in subsection (a), the Administrator shall coordinate with other departments and agencies of Federal and State government to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies, such as those described in the report prepared by the Interlaboratory Working Group of the Department of Energy entitled `Scenarios for a Clean Energy Future', dated November 2000. ``(c) Additional Reductions.--The regulations promulgated under subsection (b) may require additional reductions in emissions from powerplants if the Administrator determines that the emission levels necessary to achieve the emission reduction objectives specified in subsection (a) are not reasonably anticipated to protect public health or welfare. ``(d) Modernization of Outdated Powerplants.-- ``(1) In general.--On the later of the date that is 30 years after a powerplant commenced operation or the date that is 5 years after the date of enactment of this section, it shall comply with-- ``(A) the most recent new source performance standards promulgated under section 111; and ``(B) the requirements under parts C and D that are applicable to modified sources. ``(2) Additional requirements.--The requirements of this subsection shall be in addition to the requirements of the regulations promulgated under subsection (b). ``(e) Other Requirements.--The requirements of this section shall be in addition to, and not in lieu of, any other requirement of this Act. ``(f) Definition.--In this section, the term `powerplant' means an electric generation facility with a nameplate capacity of 15 megawatts or more that uses a combustion device to generate electricity for sale.''.

Clean Smokestacks Act of 2005 - Amends the Clean Air Act (CAA) to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to achieve specified reductions in aggregate emissions of sulfur dioxide, nitrogen oxide, carbon dioxide, and mercury from powerplants (electric generation facilities with a nameplate capacity of 15 megawatts or more that use a combustion device to generate electricity for sale) by January 1, 2010. States that regulations promulgated under this Act may require additional emissions reductions if the Administrator determines that the specified reductions are not reasonably anticipated to protect public health or welfare. Directs the Administrator to coordinate with other Federal and State agencies to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies. Requires powerplants, on the later of the date 30 years after the powerplant commenced operation or five years after this Act's enactment, to comply with the most recent new source performance standards under CAA provisions regarding air quality and emissions limitations and with specified requirements for modified sources.

{"src": "billsum_train", "title": "To amend the Clean Air Act to reduce emissions from electric powerplants, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016''. SEC. 2. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND COPPER. The Safe Drinking Water Act is amended by inserting after section 1417 of such Act (42 U.S.C. 300g-6) the following: ``SEC. 1417A. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND COPPER. ``(a) Lead and Copper Rule.-- ``(1) In general.--The national primary drinking water regulations for lead and copper (in this section referred to as the `lead and copper rule') shall include each of the requirements described in this section. ``(2) Revision.--The Administrator shall revise the lead and copper in accordance with this section-- ``(A) not later than 9 months after the date of enactment of the National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016; and ``(B) thereafter, in accordance with section 1412(b). ``(b) Sampling.-- ``(1) Applicability.--This subsection applies with respect to sampling by a public water system of lead or copper in drinking water, irrespective of whether such sampling-- ``(A) is required by the lead and copper rule; or ``(B) is voluntary sampling initiated by customers of the public water system. ``(2) Reporting.--Subject to paragraph (3), a public water system shall report the results of sampling to the Administrator or the State exercising primary enforcement responsibility, as applicable, and shall include in such reporting-- ``(A) the number of residential and nonresidential facilities at which the sampling was conducted; ``(B) subject to paragraph (4), the address of such residential and nonresidential facilities; ``(C) previous samples taken at such residential and nonresidential facilities and the results of those samples; ``(D) where such information exists, the material composition of the service lines at such residential and nonresidential facilities; ``(E) the dates on which the respective sampling occurred; ``(F) the highest and median lead and copper levels detected; ``(G) the 90th percentile lead and copper levels (as such percentile is calculated under section 141.80 of title 40, Code of Federal Regulations, and any successor regulations) detected; ``(H) the number and value of all samples above the lead or copper action levels; ``(I) the disinfectants and corrosion inhibitors being used and the target doses at the water treatment plant; ``(J) any changes since the previous report under this section in the type, method, or quantity of treatments being used in the water sampled; ``(K) the history of violations, and fines received, by the system; ``(L) the number of samples invalidated and the reason for their invalidation; and ``(M) if sampling is conducted at residential facilities other than those with lead service lines, an explanation of why such sampling was conducted. ``(3) Public availability of reports.--A public water system shall make publicly available any report that is required by this section or by the lead and copper rule. ``(4) Privacy.--A public water system shall give the owner of each residential and nonresidential facility at which sampling data is collected the option to be identified only by block number and street name. ``(5) Sampling protocol; instructions.--The Administrator shall-- ``(A) develop a protocol for sampling for compliance with the lead and copper rule; ``(B) in such protocol-- ``(i) prohibit the use of techniques that minimize the detection of lead or copper in drinking water; ``(ii) require sampling under this section to occur not less than once per year; ``(iii) include criteria for site selection that prioritize testing at high-risk buildings; ``(iv) require sampling at all drinking water taps in all schools served by the public water system; and ``(v) require the sampling methodology to be scientifically based; and ``(C) develop instructions for compliance with such protocol for dissemination to public water systems and customers thereof. ``(c) Action Level Exceeded.-- ``(1) Investigations.--The Administrator (or the State exercising primary enforcement responsibility) shall require on-site investigations on where the source of lead is for all individual samples with a lead or copper concentration above the action level-- ``(A) to be completed by the public water system or local health department within 10 business days of the sample result; and ``(B) to include additional samples at additional locations to identify the potential scope of elevated lead or copper levels. ``(2) Notification.--Whenever a public water system detects a lead or copper concentration level above the action level, the system shall-- ``(A) within 2 calendar days of detecting such an exceedance that is specific to one or more facilities, notify the persons at such facilities; and ``(B) within 10 calendar days of completion of sampling for a monitoring period applicable under section 141.86 of title 40, Code of Federal Regulations (or any successor regulation) make a report on any exceedance detected pursuant to such sampling publicly available. ``(d) Public Education.--The lead and copper rule shall require testing results-- ``(1) to be in a standardized format; ``(2) to be posted on the website of the Administrator, the State exercising primary enforcement responsibility, and the public water system; and ``(3) to include-- ``(A) the provisions of consumer confidence reports under section 1414(c)(4) relating to lead and copper; ``(B) reports under subsection (b)(2) on the results of sampling; ``(C) lead service line replacement materials and financial assistance forms; and ``(D) how a consumer can request a water test. ``(e) Service Line Inventory.--A public water system shall-- ``(1) develop, maintain, and beginning not later than 3 years after the date of enactment of the National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016 make publicly accessible an inventory of the material composition of the service lines at all residential and nonresidential facilities, including-- ``(A) online maps showing the locations of lead service lines; and ``(B) where information is available, a history of services performed on such lines, including partial line replacement; ``(2) give the owners of such residential and nonresidential facilities the option to be identified only by block number and street name; and ``(3) in developing such inventory, take measures to minimize any disturbance to service lines that might release contaminants. ``(f) Service Line Ownership.--A public water system shall collect, maintain, and beginning not later than 3 years after the date of enactment of the National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016 make publicly accessible all legal documents establishing the ownership of service lines at residential and nonresidential facilities. ``(g) Service Line Replacement.-- ``(1) In general.--Whenever a public water system replaces a lead service line, the lead and copper rule shall-- ``(A) require the system to replace the line from the transmission line to where the line enters the facility; and ``(B) prohibit partial replacement. ``(2) Prioritization.--The lead and copper rule shall require any public water system engaged in replacing lead service lines to prioritize such replacement at high-risk buildings. ``(h) Definitions.--In this section: ``(1) The term `high-risk buildings' means-- ``(A) residential and nonresidential facilities with lead service lines-- ``(i) that have galvanized pipes; ``(ii) that have low water use; or ``(iii) whose lead service lines are among the longest served by the public water system; and ``(B) residential facilities at which one or more pregnant women or children reside. ``(2) The term `lead service line' means a service line that is not lead free (within the meaning of section 1417). ``(3) The term `publicly available' means that a report is-- ``(A) written in plain language that is culturally and linguistically appropriate; and ``(B)(i) published on a publicly accessible website of the public water system; or ``(ii) if the system does not maintain a publicly accessible website, distributed by carrier route to the persons served by the system.''. SEC. 3. TO LOWER THE ACTION LEVEL FOR LEAD IN DRINKING WATER. Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g- 1(b)) is amended by adding at the end the following new paragraph: ``(16) Lead in drinking water.--The Administrator shall revise the national primary drinking water regulation for lead to ensure that-- ``(A) not later than December 31, 2020, the action level for lead in drinking water is not more than 10 parts per billion; and ``(B) not later than December 31, 2026, the action level for lead in drinking water is not more than 5 parts per billion.''.

National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016 This bill amends the Safe Drinking Water Act by requiring the Environmental Protection Agency (EPA) to revise the national primary drinking water regulations for lead and copper. The rule must direct: public water systems to meet certain reporting requirements; the EPA to develop a sampling protocol and develop instructions for compliance with the protocol; the EPA, or the state exercising primary enforcement responsibility, to require on-site investigations for determining the source of lead when the concentration of lead or copper contamination exceeds specified levels; public water systems to meet certain notification and reporting requirements when lead or copper concentration levels are exceeded; the systems to develop and make publicly accessible an inventory of the material composition of the service lines at residential and nonresidential facilities; the systems to collect and make publicly accessible information about the ownership of those service lines; and the systems to replace an entire lead service line (instead of partially replacing them) when they are replaced. The EPA must also revise the rule to lower the allowable level of lead that may be contained in drinking water.

{"src": "billsum_train", "title": "National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016"}

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO IMMIGRATION AND NATIONALITY ACT. (a) Short Title.--This Act may be cited as the ``Employer Sanctions Improvement Act of 1993''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; references to Immigration and Nationality Act. TITLE I--PROMOTING ENFORCEMENT Sec. 101. Removal of Federal preemption from employer sanctions. Sec. 102. Creation of private right of action. Sec. 103. State immigration assistance and enforcement grants. Sec. 104. Requiring State enforcement as a condition of Federal assistance. Sec. 105. Permitting complaints other than in writing. Sec. 106. Authorizing the Attorney General to seek judicial review of adverse decisions. TITLE II--IMPROVING THE EMPLOYMENT VERIFICATION SYSTEM Sec. 201. Eliminating unnecessary employment verification documents. Sec. 202. Authorizing the Attorney General to improve the employment verification system. Sec. 203. Report on consolidation of documentation evidencing temporary work authorization. TITLE III--ADDITIONAL PENALTIES AND INCREASES IN PENALTIES Sec. 301. Civil penalties for aliens employed without authorization. Sec. 302. Prohibition of adjustment of status for unlawful employment. Sec. 303. Increased penalties for violations of employer sanctions. Sec. 304. Increase in civil money penalties for document fraud. (c) References to Immigration and Nationality Act.--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 Immigration and Nationality Act. TITLE I--PROMOTING ENFORCEMENT SEC. 101. REMOVAL OF FEDERAL PREEMPTION FROM EMPLOYER SANCTIONS. (a) In General.--Section 274A(h)(2) (8 U.S.C. 1324a(h)(2)) is amended-- (1) by striking ``Preemption'' and inserting ``No preemption'', (2) by inserting ``do not'' after ``this section'', and (3) by striking ``(other than'' and inserting ``(including''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 102. CREATION OF PRIVATE RIGHT OF ACTION. (a) In General.--Section 274A (8 U.S.C. 1324a) is amended by striking subsections (i) through (n) and inserting the following: ``(i) Private Right of Action.-- ``(1) In general.--Except as provided in paragraph (2), any person or other entity aggrieved by a violation of subsection (a)(1) or (a)(2), may file a charge respecting such violation with the Attorney General. Charges shall be in writing under oath or affirmation and shall contain such information as the Attorney General requires. The Attorney General by certified mail shall serve a notice of the charge (including the date, place, and circumstances of the alleged violation) on the person or other entity involved within 10 days. If the Attorney General, during the 120-day period after receiving such a charge respecting the unlawful employment of aliens, has not provided notice under subsection (e)(3)(A) or imposed an order described in paragraphs (3), (4), or (5) of subsection (e), and no hearing has been requested, the Attorney General shall so notify the person or entity filing the charge and the person or entity may file a complaint directly before an administrative law judge against the person or other entity alleged to have committed the violation within 90 days after the date of receipt of the notice. The Attorney General's failure to take any action with respect to a charge during such 120-day period shall not affect the right of the Attorney General to investigate the charge, to give notice under subsection (e)(3)(A), or to impose an order regarding the complaint during such 90-day period. No complaint may be filed under this paragraph with respect to an alleged violation occurring more than 180 days prior to the date of the filing of the charge under this paragraph with respect to such violation. ``(2) States.--Any State aggrieved by a violation of subsection (a)(1) or (a)(2), may file a complaint directly before an administrative law judge against the person or other entity alleged to have committed the violation, without filing a charge or otherwise meeting the requirements of paragraph (1). ``(3) Order.--In the case of a complaint filed under paragraph (1) or (2) before an administrative law judge regarding a person's or other entity's violation of subsection (a)(1) or (a)(2), if the judge finds that such person or other entity has committed such a violation, the judge may order the person or other entity-- ``(A) to pay the complainant liquidated damages of not more than the maximum amount of civil money penalties that may be imposed under subsection (e)(4)(A) or (e)(5) with respect to such violation, plus any attorney's fees under paragraph (4), and ``(B) to cease and desist from such violations. ``(4) Attorney's fees.--In any complaint brought under this subsection, the judge may grant the prevailing party reasonable attorney's fees if the judge determines that the opposing party's argument was without reasonable foundation in law and fact. ``(5) Judicial review and enforcement.--The provisions of paragraphs (8) and (9) of subsection (e) shall apply to a final order under this subsection in the same manner as they apply to a final order under subsection (e), except that any reference in such paragraph (9) to the Attorney General is deemed a reference to the complainant.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment of this Act. SEC. 103. STATE IMMIGRATION ASSISTANCE AND ENFORCEMENT GRANTS. (a) In General.--The Attorney General shall provide grants to States to assist the States, and localities in the States-- (1) in implementing programs to impose sanctions with respect to the employment of unauthorized aliens in the State, and (2) in meeting health, education, law enforcement and other costs attributable to aliens unlawfully present in the State. (b) Condition of Eligibility.--No State is eligible for a grant under this section unless the State (and its localities) cooperates with (and does not take any actions that impede) the Attorney General in activities and programs designed to prevent or deter the entry of undocumented aliens into the United States or to identify, apprehend, and remove such aliens who are in the United States. (c) Amount of Grants.--The amount of grants to States under this section shall be determined by the Attorney General based on a formula established by the Attorney General. Such formula shall take into account the needs of qualified States (and localities therein) for the assistance under subsection (a) and the extent of their cooperation with the Attorney General under subsection (b). (d) Disbursement and Use of Funds.-- (1) Payments of grants under this section shall be made consistent with guidelines established by the Attorney General in consultation with the States. (2) Not more than 5 percent of the funds paid to any State under this section may be used for administrative purposes. (e) Application.--No grant shall be provided a State under this section unless the State submits to the Attorney General an application, in such form and manner as the Attorney General may specify, and unless the Attorney General approves such application. (f) Limitation on Federal Overhead.--The Attorney General shall provide that not more than 2 percent of the amount of funds disbursed to States under this section may be used by the Federal Government in the administration of this section. (g) Annual Report.--The Attorney General shall report annually to the Congress on the grants to States provided under this section. (h) Authorization of Appropriations.--There are authorized to be appropriated in each of fiscal years 1995, 1996, and 1997, $100,000,000 to carry out this section. (i) State Defined.--In this section, the term ``State'' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act. SEC. 104. REQUIRING STATE ENFORCEMENT AS A CONDITION OF FEDERAL ASSISTANCE. (a) In General.--Section 503(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end the following paragraph: ``(12) An assurance that the State either-- ``(A) is actively enforcing the sanctions provided under section 274A of the Immigration and Nationality Act, or ``(B) has enacted and is actively enforcing civil or criminal sanctions, or both, designed to deter persons and other entities from knowingly employing unauthorized aliens.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to grants for fiscal years beginning with fiscal year 1996. SEC. 105. PERMITTING COMPLAINTS OTHER THAN IN WRITING. Section 274A(e)(1)(A) (8 U.S.C. 1324a(e)(1)(A)) is amended by striking ``to file written, signed complaints respecting potential'' and inserting ``to register complaints in person, by toll-free telephone number, or by mail, concerning allegations of''. SEC. 106. AUTHORIZING THE ATTORNEY GENERAL TO SEEK JUDICIAL REVIEW OF ADVERSE DECISIONS. (a) In General.--Section 274A(e)(8) (8 U.S.C. 1324a(e)(8)) is amended by inserting ``(including the Attorney General)'' after ``A person or entity''. (b) Effective Date.--The amendment made by subsection (a) shall apply to final orders entered before, on, or after the date of the enactment of this Act. TITLE II--IMPROVING THE EMPLOYMENT VERIFICATION SYSTEM SEC. 201. ELIMINATING UNNECESSARY EMPLOYMENT VERIFICATION DOCUMENTS. (a) Changes in Acceptable Documentation.--Section 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended-- (1) in subparagraph (B)-- (A) by striking clauses (ii), (iii), and (iv) and redesignating clause (v) as clause (ii), and (B) in clause (i), by adding at the end ``or''; (2) in subparagraph (C)-- (A) by inserting ``or'' after the semicolon at the end of clause (i), (B) by striking ``or'' at the end of clause (ii) and inserting a period, and (C) by striking clause (iii); (3) in subparagraph (D), by striking ``individual's'' and all that follows and inserting the following: ``individual's driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation sufficient for purposes of this section.''; and (4) by adding at the end the following new subparagraph: ``(E) No authority for additional documents.-- Except as provided under subsection (d), the Attorney General is not authorized to expand the list of acceptable documents described in subparagraphs (B), (C), and (D).''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to hiring (or recruiting or referring) occurring on or after such date (not later than 180 days after the date of the enactment of this Act) as the Attorney General shall designate. SEC. 202. AUTHORIZING THE ATTORNEY GENERAL TO IMPROVE THE EMPLOYMENT VERIFICATION SYSTEM. Section 274A(d) (8 U.S.C. 1324a(d)) is amended-- (1) by striking ``President'' and inserting ``Attorney General'' each place it appears, and (2) in the second sentence of paragraph (3)(A)-- (A) by striking ``proposes'' and inserting ``, with the agreement of the Secretary of Health and Human Services, proposes'', and (B) by striking ``shall transmit'' and inserting ``and such Secretary shall jointly transmit''. SEC. 203. REPORT ON CONSOLIDATION OF DOCUMENTATION EVIDENCING TEMPORARY WORK AUTHORIZATION. Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit to the Congress a report that includes a description of the following: (1) The various types of documents issued (or recognized) by the Immigration and Naturalization Service for purposes of demonstrating an alien's authority to work temporarily in the United States. (2) The Service's recent efforts to update or otherwise consolidate such documentation into a single tamper-resistant document. (3) The costs associated with any such efforts. (4) The status of current plans (if any) to further update and consolidate such documentation. (5) The advisability, feasibility, and cost of eliminating from circulation (or otherwise replacing), within 3 years after the date of the enactment of this Act, the various forms of temporary work authorization documentation with a single tamper-resistant document. TITLE III--ADDITIONAL PENALTIES AND INCREASES IN PENALTIES SEC. 301. CIVIL PENALTIES FOR ALIENS EMPLOYED WITHOUT AUTHORIZATION. (a) In General.--Section 274A (8 U.S.C. 1324a), as amended in section 102(a), is amended by adding at the end the following new subsection: ``(j) Making Employment as an Unauthorized Alien Unlawful.-- ``(1) In general.--It is unlawful for an individual-- ``(A) to be employed in the United States if such individual is an unauthorized alien with respect to such employment, or ``(B) to be self-employed in the United States if such individual is an alien who is not lawfully admitted for permanent residence or otherwise authorized to be self-employed in the United States by this Act or by the Attorney General. ``(2) Civil money penalty.--With respect to a violation of paragraph (1), the individual shall be required to pay a civil penalty in an amount of not less than $250 and not more than $2,000. ``(3) Application of certain procedures.--The procedures described in paragraphs (3), (7), (8), and (9) of subsection (e) for the imposition of orders under subsection (e)(4) shall apply to the imposition of a civil penalty under paragraph (2).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to employment performed on or after the date of enactment of this Act. SEC. 302. PROHIBITION OF ADJUSTMENT OF STATUS FOR UNLAWFUL EMPLOYMENT. (a) In General.--Section 245(c) (8 U.S.C. 1255(c)) is amended by striking ``(other than an immediate relative as defined in section 201(b) or a special immigrant described in section 101(a)(27)(H), (J), or (K))''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to employment performed on or after the date of enactment of this Act. SEC. 303. INCREASED PENALTIES FOR VIOLATIONS OF EMPLOYER SANCTIONS. (a) Unlawful Employment of Aliens.--Section 274A(e) (8 U.S.C. 1324a(e)) is amended-- (1) in paragraph (4)(A)(i), by striking ``$250 and not more than $2,000'' and inserting ``$500 and not more than $4,000''; (2) in paragraph (4)(A)(ii), by striking ``$2,000 and not more than $5,000'' and inserting ``$4,000 and not more than $10,000''; (3) in paragraph (4)(A)(iii), by striking ``$3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $30,000''; and (4) in paragraph (5), by striking ``$100 and not more than $1,000'' and inserting ``$500 and not more than $5,000''. (b) Pattern or Practice Violations.--Section 274A(f)(1) (8 U.S.C. 1324a(f)(1)) is amended by striking ``not more than'' and all that follows through the period and inserting ``in accordance with title 18, United States Code, for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than 2 years for the entire pattern or practice, or both.''. (c) Prohibition of Indemnity Bonds.--Section 274A(g)(2) (8 U.S.C. 1324a(g)(2)) is amended by striking ``$1,000'' and inserting ``$2,000''. (d) Discrimination.--Section 274B(g)(2)(B)(iv) (8 U.S.C. 1324b(g)(2)(B)(iv)) is amended-- (1) in subclause (I), by striking ``$250 and not more than $2,000'' and inserting ``$500 and not more than $4,000''; (2) in subclause (II), by striking ``$2,000 and not more than $5,000'' and inserting ``$4,000 and not more than $10,000''; (3) in subclause (III), by striking ``$3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $30,000''; and (4) in subclause (IV), by striking ``$100 and not more than $1,000'' and inserting ``$500 and not more than $5,000''. (e) Effective Date.--The amendments made by this section shall apply to violations occurring on or after the date of the enactment of this Act. SEC. 304. INCREASE IN CIVIL MONEY PENALTIES FOR DOCUMENT FRAUD. (a) In General.--Section 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is amended-- (1) in subparagraph (A) by striking ``$250 and not more than $2,000'' and inserting ``$500 and not more than $4,000''; and (2) in subparagraph (B) by striking ``$2,000 and not more than $5,000'' and inserting ``$4,000 and not more than $10,000''. (b) Effective Date.--The amendments made by subsection (a) shall apply to violations occurring on or after the date of the enactment of this Act. HR 3362 IH----2

TABLE OF CONTENTS: Title I: Promoting Enforcement Title II: Improving the Employment Verification System Title III: Additional Penalties and Increases in Penalties Employer Sanctions Improvement Act of 1993 - Title I: Promoting Enforcement - Amends Federal immigration law to repeal the Federal preemption of State law regarding sanctions against the employment of unauthorized aliens. Creates a private right of action for violation of Federal law prohibiting employment of unauthorized aliens. Directs the Attorney General to provide grants to the States for immigration assistance and enforcement. Authorizes appropriations. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition Federal assistance upon assurances that the recipient State actively enforces sanctions against the employment of unauthorized aliens. Amends Federal immigration law to permit complaints alleging employment of unauthorized aliens to be registered in person or by toll-free telephone number. Authorizes the Attorney General to seek judicial review if adversely affected by a final order regarding an assessment for employment of unauthorized aliens. Title II: Improving the Employment Verification System - Restricts the authority of the Attorney General to expand the list of acceptable employment verification documents. Transfers from the President to the Attorney General responsibility for monitoring and evaluating the employment verification system. Directs the Attorney General to report to the Congress on the consolidation into a single tamper-resistant document of documentation evidencing temporary work authorization. Title III: Additional Penalties and Increases in Penalties - Declares alien employment without authorization unlawful and establishes civil penalties. Precludes aliens engaged in unlawful employment from eligibility for adjustment of immigration status. Increases the civil and criminal penalties for: (1) employment of unauthorized aliens; and (2) document fraud.

{"src": "billsum_train", "title": "Employer Sanctions Improvement Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Oversight Commission Act of 2008''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Financial Oversight Commission (hereafter in this Act referred to as the ``Commission''). SEC. 3. PURPOSES. The purposes of the Commission are to-- (1) examine and report upon the facts and causes relating to the financial crisis of 2008; (2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the crisis; (3) build upon the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of other executive branch, congressional, or independent commission investigations into the financial crisis of 2008; (4) make a full and complete accounting of the circumstances surrounding the crisis, the private sector and government role in causing the crisis, and the extent of the United States preparedness for, and immediate response to, the crisis; and (5) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent further economic breakdown. SEC. 4. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission; (2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Democratic Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Democratic Party, who shall serve as vice chairman of the Commission; (3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; (4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; (5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and (6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (b) Qualifications; Initial Meeting.-- (1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party. (2) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (3) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, financial services, economics, law, public administration, commerce, and foreign markets. (4) Deadline for appointment.--All members of the Commission shall be appointed on or before December 1, 2008. (5) Initial meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable. (c) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 5. FUNCTIONS OF COMMISSION. (a) In General.--The functions of the Commission are to-- (1) conduct an investigation that-- (A) investigates relevant facts and circumstances relating to the financial crisis of 2008, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; and (B) may include relevant facts and circumstances relating to-- (i) government sponsored enterprises (GSE), including the Federal National Mortgage Association (Fannie Mae), and the Federal Home Loan Mortgage Corporation (Freddie Mac); (ii) the stock market; (iii) the housing market; (iv) credit rating agencies; (v) the financial services sector, including hedge funds, private equity and the insurance industry; (vi) the role of congressional oversight and resource allocation; and (vii) other areas of the public and private sectors determined relevant by the Commission for its inquiry; (2) identify, review, and evaluate the lessons learned from the financial crisis of 2008, regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to detecting, preventing, and responding to such financial crises; and (3) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations, and reports of the on-going review by the Commission under section 11(c) after the submission of the final investigative report. SEC. 6. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the chairman and the vice chairman; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under subsections (a), (b), and (c) of section 11. (c) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 8. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairman, in consultation with vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. REPORTS OF COMMISSION; CONTINUED REVIEW; TERMINATION. (a) Interim Investigative Reports.--The Commission may submit to the President and Congress interim investigative reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Investigative Report.--Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Continued Review and Reporting.--During the 4-year period following the date of the submission of the final investigative report to the Congress pursuant to subsection (b), the Commission shall continue to review the subjects investigated by the Commission under this Act, and the response of the Congress and the Executive branch to the final investigative report of the Commission as well as conditions in the marketplace, and submit such reports on the findings and recommendations of the Commission as the Commission determines to be appropriate. (d) Termination.--The Commission, and all the authorities of this Act, shall terminate 4 years after the date on which the final investigative report is submitted under subsection (b). SEC. 12. FUNDING. (a) In General.--There is hereby authorized to be appropriated to the Commission such sums as may be necessary for purposes of the carrying out the activities of the Commission under this Act for fiscal years beginning before the termination of the Commission. (b) Duration of Availability.--Amounts appropriated under subsection (a) are authorized to be made available until the termination of the Commission.

Financial Oversight Commission Act of 2008 - Establishes the Financial Oversight Commission to investigate facts and circumstances relating to the financial crisis of 2008, including any relevant legislation, Executive Order, regulation, plan, policy, practice, or procedure that pertains to: (1) government sponsored enterprises (GSEs), including the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac); (2) the stock market; (3) the housing market; (4) credit rating agencies; (5) the financial services sector, including hedge funds, private equity, and the insurance industry; and (6) the role of congressional oversight and resource allocation. Directs the Commission to identify, evaluate, and report to Congress and the President on the lessons learned from the financial crisis regarding the structure, coordination, management policies, and procedures of governmental and nongovernmental entities related to crisis detection, prevention, and response.

{"src": "billsum_train", "title": "To establish the Financial Oversight Commission, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient and Physician Safety and Protection Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The Federal government, through its Medicare program, pays approximately $8 billion per year solely to train resident-physicians in the United States, and as a result, has an interest in assuring the safety of patients treated by resident-physicians and the safety of resident-physicians themselves. (2) Resident-physicians spend a significant amount of their time performing activities not related to the educational mission of training competent physicians. (3) The excessive numbers of hours worked by resident- physicians is inherently dangerous for patient care and for the lives of resident-physicians. (4) The scientific literature has consistently demonstrated that the sleep deprivation of the magnitude seen in residency training programs leads to cognitive impairment. (5) A substantial body of research indicates that excessive hours worked by resident-physicians lead to higher rates of medical error, motor vehicle accidents, depression and pregnancy complications. (6) The medical community has not adequately addressed the issue of excessive resident-physician work hours. (7) Different medical specialty training programs have different patient care considerations but the effects of sleep deprivation on resident-physicians does not change between specialties. (8) The Federal government has regulated the work hours of other industries when the safety of employees or the public is at risk. SEC. 3. REVISION OF MEDICARE HOSPITAL CONDITIONS OF PARTICIPATION REGARDING WORKING HOURS OF RESIDENTS. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (R); (B) by striking the period at the end of subparagraph (S) and inserting ``; and''; and (C) by inserting after subparagraph (S) the following new subparagraph: ``(T) in the case of a hospital that uses the services of physician residents or postgraduate trainees, to meet the requirements of subsection (j).''; and (2) by adding at the end the following new subsection: ``(j)(1)(A) In order that the working conditions and working hours of physicians and postgraduate trainees promote the provision of quality medical care in hospitals, as a condition of participation under this title each hospital shall establish the following limits on working hours for certain members of the medical staff and postgraduate trainees: ``(i) Subject to subparagraph (C), postgraduate trainees may work no more than a total of 80 hours per week and 24 hours per shift. ``(ii) Subject to subparagraph (C), postgraduate trainees-- ``(I) shall have at least 10 hours between scheduled shifts; ``(II) shall have at least 1 full day out of every 7 days off and one full weekend off per month; ``(III) who are assigned to patient care responsibilities in an emergency department shall work no more than 12 continuous hours in that department; and ``(IV) shall not be scheduled to be on call in the hospital more often than every third night. ``(B) The Secretary shall promulgate such regulations as may be necessary to ensure quality of care is maintained during the transfer of direct patient care from one postgraduate trainee to another at the end of each such 24 hour period referred to in subparagraph (A) and shall take into account cases of individual patient emergencies. ``(C) The work hour limitations under subparagraph (A) and requirements of subparagraph (B) shall not apply to a hospital during a state of emergency declared by the Secretary that applies with respect to that hospital. ``(2) The Secretary shall promulgate such regulations as may be necessary to monitor and supervise postgraduate trainees assigned patient care responsibilities as part of an approved medical training program, as well as to assure quality patient care. ``(3) Each hospital shall inform postgraduate trainees of-- ``(A) their rights under this subsection, including methods to enforce such rights (including so-called whistle-blower protections); and ``(B) the effects of their acute and chronic sleep deprivation both on themselves and on their patients. ``(4) For purposes of this subsection, the term `postgraduate trainee' includes a postgraduate intern, resident, or fellow.''. (b) Designation.-- (1) In general.--The Secretary of Health and Human Services shall designate an individual within the Department of Health and Human Services to handle all complaints of violations that arise from residents who report that their programs are in violation of the requirements of section 1866(j) of the Social Security Act (as added by subsection (a)). (2) Grievance rights.--A post graduate trainee or physician resident may file a complaint with the Secretary of Health and Human Services concerning a violation of such requirements. Such a complaint may be filed anonymously. The Secretary may conduct an investigation and take such corrective action with respect to such a violation. (3) Civil money penalty enforcement.--Any hospital that violates such requirement is subject to a civil money penalty not to exceed $100,000 for each resident training program in any 6-month period. The provisions of section 1128A of the Social Security Act (other than subsections (a) and (b)) shall apply to civil money penalties under this paragraph in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act. (4) Disclosure of violations and annual reports.--The individual designated under paragraph (1) shall-- (A) provide for annual anonymous surveys of postgraduate trainees to determine compliance with such requirements and for the disclosure of the results of such surveys to the public on a residency-program specific basis; (B) based on such surveys, conduct appropriate on- site investigations; (C) provide for disclosure to the public of violations and compliance, on a hospital and residence- program specific basis, of such requirements; and (D) make an annual report to Congress on the compliance of hospitals with such requirements, including providing a list of hospitals found to be in violation of such requirements. (c) Whistleblower Protections.-- (1) In general.-- A hospital covered by the requirements of section 1866(j)(1) of the Social Security Act (as inserted by subsection (a)) shall not penalize, discriminate, or retaliate in any manner against an employee with respect to compensation, terms, conditions or privileges of employment, who in good faith (as defined in paragraph (2)), individually or in conjunction with another person or persons-- (A) reports a violation or suspected violation of such requirements to a public regulatory agency, a private accreditation body, or management personnel of the hospital; (B) initiates, cooperates or otherwise participates in an investigation or proceeding brought by a regulatory agency or private accreditation body concerning matters covered by such requirements; (C) informs or discusses with other employees, with a representative of the employees, with patients or patient representatives, or with the public, violations or suspected violations of such requirements; or (D) otherwise avails himself or herself of the rights set forth in such section or this subsection. (2) Good faith defined.--For purposes of this subsection, an employee is deemed to act ``in good faith'' if the employee reasonably believes-- (A) that the information reported or disclosed is true; and (B) that a violation has occurred or may occur. (d) Effective Date.--The amendments made by subsection (a) shall take effect on the first July 1 that begins at least 1 year after the date of the enactment of this Act. SEC. 4. ADDITIONAL FUNDING FOR HOSPITAL COSTS. There are hereby appropriated to the Secretary of Health and Human Services such amounts as may be required to provide for additional payments to hospitals for their reasonable additional, incremental costs incurred in order to comply with the requirements imposed by this Act (and the amendments made by this Act).

Patient and Physician Safety and Protection Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require a participating hospital that uses the services of physician residents or postgraduate trainees to limit their working hours to specified schedules.

{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to reduce the work hours and increase the supervision of resident-physicians to ensure the safety of patients and resident-physicians themselves."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the ownership of private property plays an important role in the economic and social well-being of the Nation; (2) the protection of private property from a taking by the Government without just compensation is an integral protection for private citizens incorporated into the United States Constitution by the fifth amendment and made applicable to the States by the fourteenth amendment; (3) Federal agency actions that restrict the use of private property and result in a significant diminution in value of such property constitute a taking of that property and should be properly compensated; (4) Federal agencies should consider the impact of agency actions, including regulations, on the use and ownership of private property; and (5) owners of private property that is taken by a Federal agency action should be permitted to seek relief in Federal district court. SEC. 3. STATEMENT OF POLICY. The policy of the Federal Government is to protect the health, safety, and general welfare of the public in a manner that, to the extent practicable, avoids takings of private property. SEC. 4. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means a department, agency, independent agency, or instrumentality of the United States, including any military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the United States Government. (2) Agency action.--The term ``agency action'' means any action, inaction, or decision taken by an agency and includes such an action, inaction, or decision taken by, or pursuant to-- (A) a statute, rule, regulation, order, guideline, or policy; or (B) the issuance, denial, or suspension of any permit, license, or authorization. (3) Owner.--The term ``owner'' means the person with title, possession, or other property rights in property affected by any taking of such property. (4) Taking of private property.--The term ``taking of private property'' means any action whereby private property is taken in such a way as to require compensation under the fifth amendment to the United States Constitution. SEC. 5. REQUIREMENT FOR PRIVATE PROPERTY TAKING IMPACT ANALYSIS. (a) In General.--To the fullest extent possible-- (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies under this Act; and (2) subject to subsection (b), each agency shall complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property. (b) Nonapplication.--Subsection (a)(2) shall not apply to-- (1) an action in which the power of eminent domain is formally exercised; (2) an action taken-- (A) with respect to property held in trust by the United States; or (B) in preparation for, or in connection with, treaty negotiations with foreign nations; (3) a law enforcement action, including seizure, for a violation of law, of property for forfeiture or as evidence in a criminal proceeding; (4) a communication between an agency and a State or local land-use planning agency concerning a planned or proposed State or local activity that regulates private property, regardless of whether the communication is initiated by an agency or is undertaken in response to an invitation by the State or local authority; (5) the placement of a military facility or a military activity involving the use of solely Federal property; (6) any military or foreign affairs function (including a procurement function under a military or foreign affairs function), but not including the civil works program of the Army Corps of Engineers; and (7) any case in which there is an immediate threat to health or safety that constitutes an emergency requiring immediate response or the issuance of a regulation under section 553(b)(B) of title 5, United States Code, if the taking impact analysis is completed after the emergency action is carried out or the regulation is published. (c) Content of Analysis.--A private property taking impact analysis shall be a written statement that includes-- (1) the specific purpose of the agency action; (2) an assessment of the likelihood that a taking of private property will occur under such agency action; (3) an evaluation of whether such agency action is likely to require compensation to private property owners; (4) alternatives to the agency action that would-- (A) achieve the intended purposes of the agency action; and (B) lessen the likelihood that a taking of private property will occur; and (5) an estimate of the potential liability of the Federal Government if the Government is required to compensate a private property owner as a result of the agency action. (d) Submission to OMB.--Each agency shall provide the analysis required under this section as part of any submission otherwise required to be made to the Office of Management and Budget relating to an agency action. (e) Public Availability of Analysis.--An agency shall-- (1) make each private property taking impact analysis available to the public; and (2) to the greatest extent practicable, transmit a copy of such analysis to the owner and any other person with a property right or interest in the affected property. SEC. 6. ALTERNATIVES TO TAKING OF PRIVATE PROPERTY. Before taking any final agency action, the agency shall fully consider alternatives described in section 5(c)(4) and shall, to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. SEC. 7. CIVIL ACTION. (a) Standing.--If an agency action results in the taking of private property, the owner of such property may obtain appropriate relief in a civil action against the agency that has caused the taking to occur. (b) Jurisdiction.--Notwithstanding sections 1346 or 1491 of title 28, United States Code-- (1) a civil action against the agency may be brought in either the United States District Court in which the property at issue is located or in the United States Court of Federal Claims, regardless of the amount in controversy; and (2) if property is located in more than 1 judicial district, the claim for relief may be brought in any district in which any part of the property is located. SEC. 8. GUIDANCE AND REPORTING REQUIREMENTS. (a) Guidance.--The Attorney General shall provide legal guidance in a timely manner, in response to a request by an agency, to assist the agency in complying with this Act. (b) Reports.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and at the end of each 1-year period thereafter, each agency shall submit a report to the Director of the Office of Management and Budget and the Attorney General that identifies-- (A) each agency action that has resulted in the preparation of a taking impact analysis; (B) the filing of a taking claim; and (C) any award of compensation pursuant to the just compensation clause of the fifth amendment to the Constitution. (2) Publication of reports.--The Director of the Office of Management and Budget and the Attorney General shall publish in the Federal Register, on an annual basis, a compilation of the reports of all agencies made under this paragraph. SEC. 9. PRESUMPTIONS IN PROCEEDINGS. For the purpose of any agency action or administrative or judicial proceeding, there shall be a rebuttable presumption that the costs, values, and estimates in any private property takings impact analysis shall be outdated and inaccurate, if-- (1) such analysis was completed 5 years or more before the date of such action or proceeding; and (2) such costs, values, or estimates have not been modified within the 5-year period preceding the date of such action or proceeding. SEC. 10. RULES OF CONSTRUCTION. Nothing in this Act shall be construed to-- (1) limit any right or remedy, constitute a condition precedent or a requirement to exhaust administrative remedies, or bar any claim of any person relating to such person's property under any other law, including claims made under this Act, section 1346 or 1402 of title 28, United States Code, or chapter 91 of title 28, United States Code; or (2) constitute a conclusive determination of-- (A) the value of any property for purposes of an appraisal for the acquisition of property, or for the determination of damages; or (B) any other material issue. SEC. 11. EFFECTIVE DATE. This Act shall take effect 120 days after the date of enactment of this Act.

Private Property Rights Act of 2001 - States that the policy of the Federal Government is to protect the health, safety, and welfare of the public in a manner that, to the extent practicable, avoids takings of private property.Directs each Federal agency to: (1) complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property, with specified exemptions, including for actions in which the power of eminent domain is formally exercised, law enforcement actions, military activities, and emergencies involving immediate threats to health or safety; and (2) fully consider alternatives described in this Act and, to the maximum extent practicable, to alter the agency action to avoid or minimize the taking of private property.Allows the owner of private property, if an agency action results in the taking of such property, to obtain appropriate relief in a civil action against the agency.Directs the Attorney General to provide legal guidance in a timely manner in response to a request by an agency to assist it in complying with this Act.Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.

{"src": "billsum_train", "title": "A bill to protect the property rights guaranteed by the fifth amendment to the Constitution by requiring Federal agencies to prepare private property taking impact analyses and by allowing expanded access to Federal courts."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``China Policy Act of 1995''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The People's Republic of China comprises one-fifth of the world's population, or 1,200,000,000 people, and its policies have a profound effect on the world economy and global security. (2) The People's Republic of China is a permanent member of the United Nations Security Council and plays an important role in regional organizations such as the Asia-Pacific Economic Cooperation Forum and the ASEAN Regional Forum. (3) The People's Republic of China is a nuclear power with the largest standing army in the world, and has been rapidly modernizing and expanding its military capabilities. (4) The People's Republic of China is currently undergoing a change of leadership which will have dramatic implications for the political and economic future of the Chinese people and for China's relations with the United States. (5) China's estimated $600,000,000,000 economy has enjoyed unparalleled growth in recent years. (6) Despite increased economic linkages between the United States and China, bilateral relations have deteriorated significantly because of fundamental policy differences over a variety of important issues. (7) The People's Republic of China has violated international standards regarding the nonproliferation of weapons of mass destruction. (8) The Government of the People's Republic of China, a member of the United Nations Security Council, is obligated to respect and uphold the United Nations Charter and Universal Declaration of Human Rights. (9) According to the State Department Country Report on Human Rights Practices for 1994, there continue to be ``widespread and well-documented human rights abuses in China, in violation of internationally accepted norms...(including) arbitrary and lengthy incommunicado detention, torture, and mistreatment of prisoners.... The regime continued severe restrictions on freedom of speech, press, assembly and association, and tightened control on the exercise of these rights during 1994. Serious human rights abuses persisted in Tibet and other areas populated by ethnic minorities.''. (10) The Government of the People's Republic of China continues to detain political prisoners and continues to violate internationally recognized standards of human rights by arbitrary arrests and detention of persons for the nonviolent expression of their political and religious beliefs. (11) The Government of the People's Republic of China does not ensure the humane treatment of prisoners and does not allow humanitarian and human rights organizations access to prisons. (12) The Government of the People's Republic of China continues to harass and restrict the activities of accredited journalists and to restrict broadcasts by the Voice of America. (13) In the weeks leading to the 6th anniversary of the June 1989 massacre, a series of petitions were sent to the Chinese Government calling for greater tolerance, democracy, rule of law, and an accounting for the 1989 victims and the Chinese Government responded by detaining dozens of prominent intellectuals and activists. (14) The unjustified and arbitrary arrest, imprisonment, and initiation of criminal proceedings against Harry Wu, a citizen of the United States, has greatly exacerbated the deterioration in relations between the United States and the People's Republic of China, and all charges against him should be dismissed. (15) China has failed to release political prisoners with serious medical problems, such as Bao Tong, and on June 25, 1995, revoked ``medical parole'' for Chen-Ziming reimprisoning him at Beijing No. 2 Prison, and Chinese authorities continue to hold Wei Jingsheng incommunicado at an unknown location since his arrest on April 1, 1994. (16) The Government of the People's Republic of China continues to engage in discriminatory and unfair trade practices, including the exportation of products produced by prison labor, the use of import quotas and other quantitative restrictions on selected products, the unilateral increasing of tariff rates and the imposition of taxes as surcharges on tariffs, the barring of the importation of certain items, the use of licensing and testing requirements to limit imports, and the transshipment of textiles and other items through the falsification of country of origin documentation. (17) The Government of the People's Republic of China continues to employ the policy and practice of controlling all trade unions and continues to suppress and harass members of the independent labor union movement. (18) The United States-Hong Kong Policy Act of 1992 states that Congress wishes to see the provisions of the joint declaration implemented, and declares that ``the human rights of the people of Hong Kong are of great importance to the U.S. Human Rights also serve as a basis for Hong Kong's continued prosperity,''. This together with the rule of law and a free press are essential for a successful transition in 1997. (19) The United States currently has numerous sanctions on the People's Republic of China with respect to government-to- government assistance, arms sales, and other commercial transactions. (20) It is in the interest of the United States to foster China's continued engagement in the broadest range of international fora and increased respect for human rights, democratic institutions, and the rule of law in China. SEC. 3. UNITED STATES DIPLOMATIC INITIATIVES. (a) United States Objectives.--The Congress calls upon the President to undertake intensified diplomatic initiatives to persuade the Government of the People's Republic of China to-- (1) immediately and unconditionally release Harry Wu from detention; (2) adhere to prevailing international standards regarding the nonproliferation of weapons of mass destruction by, among other things, immediately halting the export of ballistic missile technology and the provision of other weapons of mass destruction assistance, in violation of international standards, to Iran, Pakistan, and other countries of concern; (3) respect the internationally-recognized human rights of its citizens by, among other things-- (A) permitting freedom of speech, freedom of press, freedom of assembly, freedom of association, and freedom of religion; (B) ending arbitrary detention, torture, forced labor, and other mistreatment of prisoners; (C) releasing all political prisoners, and dismantling the Chinese system of jailing political prisoners (the gulag) and the Chinese forced labor system (the Laogai); (D) ending coercive birth control practices; and (E) respecting the legitimate rights of the people of Tibet, ethnic minorities, and ending the crackdown on religious practices; (4) curtail excessive modernization and expansion of China's military capabilities, and adopt defense transparency measures that will reassure China's neighbors; (5) end provocative military actions in the South China Sea and elsewhere that threaten China's neighbors, and work with them to resolve disputes in a peaceful manner; (6) adhere to a rules-based international trade regime in which existing trade agreements are fully implemented and enforced, and equivalent and reciprocal market access is provided for United States goods and services in China; (7) comply with the prohibition on all forced labor exports to the United States; and (8) reduce tensions with Taiwan by means of dialogue and other confidence building measures. (b) Venues for Diplomatic Initiatives.--The diplomatic initiatives taken in accordance with subsection (a) should include actions by the United States-- (1) in the conduct of bilateral relations with China; (2) in the United Nations and other international organizations; (3) in the World Bank and other international financial institutions; (4) in the World Trade Organization and other international trade fora; and (5) in the conduct of bilateral relations with other countries in order to encourage them to support and join with the United States in taking the foregoing actions. SEC. 4. REPORTING REQUIREMENTS. The President shall report to the Congress within 30 days after the date of enactment of this Act, and no less frequently than every 6 months thereafter, on-- (1) the actions taken by the United States in accordance with section 3 during the preceding 6-month period; (2) the actions taken with respect to China during the preceding 6-month period by-- (A) the United Nations and other international organizations; (B) the World Bank and other international financial institutions; and (C) the World Trade Organization and other international trade fora; and (3) the progress achieved with respect to each of the United States objectives identified in section 3(a). Such reports may be submitted in classified and unclassified form. SEC. 5. COMMENDATION OF DEMOCRACY MOVEMENT. The Congress commends the brave men and women who have expressed their concerns to the Government of the People's Republic of China in the form of petitions and commends the democracy movement as a whole for its commitment to the promotion of political, economic, and religious freedom. SEC. 6. RADIO FREE ASIA. (a) Plan for Radio Free Asia.--Section 309(c) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208(c)) is amended to read as follows: ``(c) Submission of Plan.--Not later than 30 days after the date of enactment of the China Policy Act of 1995, the Director of the United States Information Agency shall submit to the Congress a detailed plan for the establishment and operation of Radio Free Asia in accordance with this section. Such plan shall include the following: ``(1) A description of the manner in which Radio Free Asia would meet the funding limitations provided in subsection (d)(4). ``(2) A description of the numbers and qualifications of employees it proposes to hire. ``(3) How it proposes to meet the technical requirements for carrying out its responsibilities under this section.''. (b) Initiation of Broadcasting to China.--Not later than 90 days after the date of enactment of this Act, Radio Free Asia shall commence broadcasting to China. Such broadcasting may be undertaken initially by means of contracts with or grants to existing broadcasting organizations and facilities. Passed the House of Representatives July 20, 1995. Attest: ROBIN H. CARLE, Clerk.

China Policy Act of 1995 - Urges the President to undertake diplomatic initiatives to persuade China to: (1) immediately and unconditionally release Harry Wu from detention; (2) adhere to international standards regarding the nonproliferation of weapons of mass destruction by, among other things, halting the export of ballistic missile technology and the provision of other weapons of mass destruction assistance, in violation of international standards, to Iran, Pakistan, and other countries of concern; (3) respect the internationally-recognized human rights of its citizens; (4) curtail excessive modernization and expansion of its military capabilities, and adopt defense transparency measures that will reassure its neighbors; (5) end provocative military actions in the South China Sea and elsewhere that threaten China's neighbors, and work with them to resolve disputes peacefully; (6) adhere to a rules-based international trade regime in which existing trade agreements are fully implemented and enforced, and equivalent and reciprocal market access is provided for U.S. goods and services there; (7) comply with the prohibition on all forced labor exports to the United States; and (8) reduce tensions with Taiwan. Requires the President to report to the Congress on: (1) the actions taken and the progress achieved by the United States with respect to these objectives; and (2) the actions taken in light of them with respect to China by the United Nations and other international organizations, including the World Bank and the World Trade Organization. Commends: (1) the men and women who have expressed their concerns to the Government of the People's Republic of China in the form of petitions; and (2) the democracy movement as a whole for its commitment to the promotion of political, economic, and religious freedom. Amends the United States International Broadcasting Act of 1994 to require the Director of the USIA to submit to the Congress a plan for the establishment of Radio Free Asia to broadcast into China. Requires Radio Free Asia to commence broadcasting to China within 90 days after enactment of this Act.

{"src": "billsum_train", "title": "China Policy Act of 1995"}

SECTION 1. LOAN FORGIVENESS FOR HEAD START TEACHERS. (a) Short Title.--This section may be cited as the ``Loan Forgiveness for Head Start Teachers Act of 2003''. (b) Head Start Teachers.--Section 428J of the Higher Education Act of 1965 (20 U.S.C 1078-10) is amended-- (1) in subsection (b), by striking paragraph (1) and inserting the following: ``(1)(A) has been employed-- ``(i) as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; or ``(ii) as a Head Start teacher for 5 consecutive complete program years under the Head Start Act; and ``(B)(i) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; ``(ii) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; and ``(iii) if employed as a Head Start teacher, has demonstrated knowledge and teaching skills in reading, writing, early childhood development, and other areas of a preschool curriculum, with a focus on cognitive learning; and''; (2) in subsection (g), by adding at the end the following: ``(3) Head start.--An individual shall be eligible for loan forgiveness under this section for service described in clause (ii) of subsection (b)(1)(A) only if such individual received a baccalaureate or graduate degree on or after the date of enactment of the Loan Forgiveness for Head Start Teachers Act of 2003.''; and (3) by adding at the end the following: ``(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal year 2007 and succeeding fiscal years to carry out loan repayment under this section for service described in clause (ii) of subsection (b)(1)(A).''. (c) Direct Student Loan Forgiveness.-- (1) In general.--Section 460 of the Higher Education Act of 1965 (20 U.S.C 1087j) is amended-- (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: ``(A)(i) has been employed-- ``(I) as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; or ``(II) as a Head Start teacher for 5 consecutive complete program years under the Head Start Act; and ``(ii)(I) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; ``(II) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; and ``(III) if employed as a Head Start teacher, has demonstrated knowledge and teaching skills in reading, writing, early childhood development, and other areas of a preschool curriculum, with a focus on cognitive learning; and''; (B) in subsection (g), by adding at the end the following: ``(3) Head start.--An individual shall be eligible for loan forgiveness under this section for service described in subclause (II) of subsection (b)(1)(A)(i) only if such individual received a baccalaureate or graduate degree on or after the date of enactment of the Loan Forgiveness for Head Start Teachers Act of 2003.''; and (C) by adding at the end the following: ``(i) Authorization of appropriations.-- There are authorized to be appropriated such sums as may be necessary for fiscal year 2007 and succeeding fiscal years to carry out loan repayment under this section for service described in subclause (II) of subsection (b)(1)(A)(i).''. (2) Conforming amendments.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (A) in subsection (c)(1), by inserting ``or fifth complete program year'' after ``fifth complete school year of teaching''; (B) in subsection (f), by striking ``subsection (b)'' and inserting ``subsection (b)(1)(A)(i)(I)''; (C) in subsection (g)(1)(A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)(I)''; and (D) in subsection (h), by inserting ``except as part of the term `program year','' before ``where''. (d) Conforming Amendments.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended-- (1) in subsection (c)(1), by inserting ``or fifth complete program year'' after ``fifth complete school year of teaching''; (2) in subsection (f), by striking ``subsection (b)'' and inserting ``subsection (b)(1)(A)(i)''; (3) in subsection (g)(1)(A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and (4) in subsection (h), by inserting ``except as part of the term `program year','' before ``where''.

Loan Forgiveness for Head Start Teachers Act of 2003 - Amends the Higher Education Act of 1965 to extend to certain Head Start teachers student loan forgiveness under both the Federal Family Education Loan program and the William D. Ford Federal Direct Loan program.

{"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to extend loan forgiveness for certain loans to Head Start teachers."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Liberty Coinage and Deficit Reduction Act of 2013''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The 50 State Quarters Program showed that a circulating commemorative coinage program that incorporates recurring design change dramatically increases seigniorage--the profit realized by the Mint from the amount that the face value of coins produced by the Mint exceeds the costs of production and distribution. (2) Pursuant to the President's 1967 Commission on Budget Concepts, seigniorage proceeds are used to reduce the amount the government would otherwise borrow from the public to finance the budget deficit. Thus, programs that increase seigniorage provide a means to reduce the budget deficit without increasing taxes or cutting spending. (3) During the 10 years of the 50 State Quarters Program, the cumulative production of quarter dollars exceeded 34,000,000,000, representing a 136 percent increase in quarter dollar production as compared to the cumulative 10-year period immediately preceding the program. This enhanced production level of quarter dollars resulted in increased seigniorage revenues of approximately $3,000,000,000 and, therefore, an equal reduction in the budget deficit. (4) The Mint has estimated that 147,000,000 Americans became collectors of 50 State quarters, demonstrating that the demand for circulating coins--for purposes beyond the needs of commerce--increases significantly when frequent and systematic design changes are made through a multiyear commemorative design series. (5) Similar to the collector interest and resulting seigniorage generated by the 50 State Quarters Program, the Westward Journey Nickel Program, which issued a series of 5- cent coins between 2004 and 2006 bearing new obverse and reverse designs commemorating the 200th anniversary of the Lewis and Clark Expedition and honoring President Thomas Jefferson, saw average annual nickel production increase by 593,200,000 units as compared to nickel production during the 2 years immediately preceding the program and the 2 years immediately following it. (6) From the early 1790s through the early to mid 20th century, allegorical depictions of ``Liberty'' dominated the designs of circulating United States coins. Coinage from this time period served as a constant reminder to Americans and the world of a defining and distinctive value of American life and culture--Liberty. These coins also provided some of the most inspiring, uplifting, and beautiful coin designs ever created. In numismatics, ``Liberty'' themed coins are among the most sought after collectibles. (7) Given the potential that a new series of ``Liberty'' coins would be highly collectible, if produced, such a program would likely provide the means through which to significantly increase seigniorage thereby reducing budget deficits. (8) A new ``Liberty'' themed coinage series would allow the Nation to continue to honor the past presidents currently depicted on United States coins by providing for the continued and concurrent production and distribution of such coins annually along with the new ``Liberty'' coins. (9) A new ``Liberty'' themed coinage series would revitalize the design of United States coinage and return circulating coinage to its position as not only a necessary means of exchange in commerce but also as an object of aesthetic beauty and symbol of core American values. (10) In order to increase the seigniorage produced by the United States Mint thereby reducing deficits to be financed by the United States it is appropriate to introduce a new series of circulating commemorative ``Liberty'' themed coins that would alternate annually between the dime and quarter dollar as 1-year issues. Additionally, introduction of a new ``Liberty'' themed half dollar produced for noncirculating numismatic purposes would further enhance seigniorage. (11) Beginning in 2015, the Act provides for the introduction of a 1-year circulating commemorative ``Liberty'' themed dime that would be produced and distributed concurrently with the existing dime depicting the image of President Franklin D. Roosevelt. After 2015, the image of President Roosevelt would continue to be utilized on the standard issue circulating dime. Subsequently, in 2016, the Act provides for the introduction of a 1-year circulating commemorative ``Liberty'' themed quarter dollar that would be produced and distributed concurrently with the existing quarter dollar depicting the image of President George Washington. The Washington design would continue to be used in future years. In 2017, the process would begin again with the introduction of a new 1-year ``Liberty'' themed dime, bearing a new ``Liberty'' design that would be co-issued alongside the regular issue Roosevelt Dime. In 2018, a new 1-year ``Liberty'' themed quarter would be co-issued and the process would continue on a perpetual basis into future years. (12) Sequencing a new ``Liberty'' design each year is an important aspect of the program designed to continually renew collector interest and, therefore, promote demand for the coins in a manner to maximize seigniorage realized by the United States Mint. (13) A ``Liberty'' themed program would also include a new ``Liberty'' half dollar bearing a design to be utilized for a 10-year term, to be issued as an ongoing annual noncirculating numismatic collector's series. The ``Liberty'' half dollar would be issued along with the noncirculating Kennedy half dollar. At the end of each 10-year term, a new ``Liberty'' design would be implemented with designs continuing thereafter in a recurring 10-year cycle. (14) Providing collectors with a new ``Liberty'' half dollar series will provide an increase in the Mint's numismatic profits and bolster the objectives of the program to annually reduce budget deficits. (15) A series of circulating commemorative ``Liberty'' themed coins will provide a new platform for the advancement of American medallic art through a medium where Americans commonly encounter public art--the Nation's pocket change. SEC. 3. AMERICAN LIBERTY COIN PROGRAM. (a) Program Contingent on Deficit Reduction.-- (1) Determination.--The Secretary of the Treasury shall carry out a study on the estimated effect of the amendment made by subsection (b) on the Federal budget deficit over the 10- year period beginning on January 1, 2015. (2) Report.--Not later than the end of the 90-day period beginning on the date of the enactment of this Act, the Secretary shall issue a report to the Congress containing the estimate determined under paragraph (1) and an explanation of how such estimate was calculated. (3) Effective date.--The amendment made by subsection (b) shall take effect on the earlier of-- (A) the date that the report is issued under paragraph (2), if the Secretary determines in such report that the effect on the Federal budget deficit over the 10-year period beginning on January 1, 2015, will lead to a reduction in the deficit over such period of $100,000,000 or more; and (B) the end of the 91-day period beginning on the date of the enactment of this Act, if the Secretary fails to make the report under paragraph (2) within the required 90-day period. (b) Program.--Section 5112 of title 31, United States Code, is amended by adding at the end the following: ``(w) Issuance of Circulating Dime and Quarter Dollar Coins and Numismatic Half Dollar Coins Commemorating and Celebrating American Liberty, `the Union', and the American Values and Attributes of Freedom, Independence, Civil Governance, Enlightenment, Peace, Strength, Equality, Democracy, and Justice.-- ``(1) Dime coins.-- ``(A) In general.--The Secretary shall mint and issue dime coins in calendar year 2015, and every second year thereafter, that-- ``(i) have obverse designs that are emblematic and allegoric of the concept of `American Liberty'; and ``(ii) have reverse designs that-- ``(I) depict an American bald eagle; ``(II) depict a fasces emblematic of civil governance; ``(III) depict the torch of knowledge; ``(IV) are emblematic and allegoric of `The Union'; or ``(V) depict one or more of the American values and attributes of freedom, independence, peace, strength, equality, democracy, and justice. ``(B) Quantity of issuance.--With respect to a calendar year in which dime coins are issued pursuant to subparagraph (A), the Secretary shall ensure that, of the total number of dime coins issued in such calendar year, not less than 40 percent and not more than 50 percent of such coins are made up of dime coins issued pursuant to subparagraph (A). ``(2) Quarter dollar coins.-- ``(A) In general.--The Secretary shall mint and issue quarter dollar coins in calendar year 2016, and every second year thereafter, that-- ``(i) have obverse designs that are emblematic and allegoric of the concept of `American Liberty'; and ``(ii) have reverse designs that-- ``(I) depict an American bald eagle; ``(II) depict a fasces emblematic of civil governance; ``(III) depict the torch of knowledge; ``(IV) are emblematic and allegoric of `The Union'; or ``(V) depict one or more of the American values and attributes of freedom, independence, peace, strength, equality, democracy, and justice. ``(B) Quantity of issuance.--With respect to a calendar year in which quarter dollar coins are issued pursuant to subparagraph (A), the Secretary shall ensure that, of the total number of quarter dollar coins issued in such calendar year, not less than 40 percent and not more than 50 percent of such coins are made up of quarter dollar coins issued pursuant to subparagraph (A). ``(3) Half dollar coins.-- ``(A) In general.--The Secretary shall mint and issue half dollar coins in calendar year 2015, and every year thereafter, with designs that shall be changed every 10 years, that-- ``(i) have obverse designs that are emblematic and allegoric of the concept of `American Liberty'; and ``(ii) have reverse designs that-- ``(I) depict an American bald eagle; ``(II) depict a fasces emblematic of civil governance; ``(III) depict the torch of knowledge; ``(IV) are emblematic and allegoric of `The Union'; or ``(V) depict one or more of the American values and attributes of freedom, independence, peace, strength, equality, democracy, and justice. ``(B) Consideration of liberty mini dollar.--The 1977 Liberty mini dollar design prepared by former United States Chief Sculptor and Engraver Frank Gasparro shall be considered along with other potential designs for half dollar coins issued under this paragraph. ``(C) Quantity of issuance.--With respect to a calendar year, the Secretary shall ensure that, of the total number of half dollar coins issued in such calendar year, not less than 40 percent and not more than 50 percent of such coins are made up of half dollar coins issued pursuant to subparagraph (A). ``(4) Design requirements.--The coins issued in accordance with paragraphs (1), (2), and (3) shall meet the following design requirements: ``(A) Coin obverse.--The design on the obverse shall-- ``(i) be chosen by the Secretary, after consultation with the Commission of Fine Arts and review by the Citizens Coinage Advisory Committee; ``(ii) contain the inscriptions `Liberty' and `In God We Trust'; and ``(iii) contain the inscription of the year of minting and issuance of the coin. ``(B) Coin reverse.--The design on the reverse shall-- ``(i) be chosen by the Secretary, after consultation with the Commission of Fine Arts and review by the Citizens Coinage Advisory Committee; ``(ii) contain the inscription `United States of America' and `E Pluribus Unum'; and ``(iii) contain a designation of the value of the coin. ``(C) Selection and approval process.--Designs for coins issued pursuant to this subsection may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(D) Participation.--The Secretary may include participation by artists from the States and engravers of the United States Mint. ``(5) Issuance of numismatic coins.--The Secretary may mint and issue such number of coins of each design selected under this subsection in uncirculated and proof qualities as the Secretary determines to be appropriate. To assure availability of dimes and quarter dollars minted and issued under this subsection in uncirculated qualities for numismatic purposes, a portion of any such coins shall be offered in rolls and bags at face value plus issuance costs. ``(6) Silver coins.-- ``(A) In general.--Notwithstanding subsection (b), the Secretary may mint and issue such number of dimes, quarter dollar coins, and half dollar coins of each design selected under this subsection as the Secretary determines to be appropriate, with a content of .999 fine silver. ``(B) Sources of bullion.--The Secretary shall obtain silver for minting coins under this paragraph from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act.''.

American Liberty Coinage and Deficit Reduction Act of 2013 - Directs the Secretary of the Treasury to study the estimated effect of coinage under this Act on the federal budget deficit over the 10-year period beginning on January 1, 2015. Directs the Secretary, if the study estimates a deficit reduction of $100 million or more, to mint and issue in calendar 2015 and every second ensuing year dime and numismatic half dollar coins, and in calendar 2016 and every second ensuing year quarter dollar coins, meeting specified criteria that commemorate and celebrate American liberty, "the Union," and the American values and attributes of freedom, independence, civil governance, enlightenment, peace, strength, equality, democracy, and justice. Authorizes the Secretary to mint and issue such coins with a content of .999 fine silver obtained from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act.

{"src": "billsum_train", "title": "American Liberty Coinage and Deficit Reduction Act of 2013"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Storage Stewardship Trust Fund Act of 2009''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to promote the commercial deployment of carbon capture and storage as an essential component of a national climate mitigation strategy; (2) to require private liability assurance during the active project period of a carbon dioxide storage facility; (3) to establish a Federal trust fund consisting of amounts received as fees from operators of carbon dioxide storage facilities; (4) to establish a limit on liability for damages caused by injection of carbon dioxide by carbon dioxide storage facilities subject to certificates of closure; (5) to establish a program-- (A) to certify the closure of commercial carbon dioxide storage facilities; and (B) to provide for the transfer of long-term stewardship to the Federal Government for carbon dioxide storage facilities on the issuance of certificates of closure for the facilities; (6) to provide for the prompt and orderly compensation for damages relating to the storage of carbon dioxide; and (7) to protect the environment and public by providing long-term stewardship of geological storage units. SEC. 3. DEFINITIONS. In this Act: (1) Active project period.--The term ``active project period'' means the phases of the carbon dioxide storage facility through receipt of a certificate of closure, including-- (A) the siting and construction of the facility; (B) carbon dioxide injection; (C) well capping; (D) facility decommissioning; and (E) geological storage unit monitoring, measurement, verification, and remediation. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Carbon dioxide storage facility.--The term ``carbon dioxide storage facility'' means a facility that receives and permanently stores or sequesters carbon dioxide within a geological storage unit, including carbon dioxide permanently stored as a result of enhanced hydrocarbon recovery. (4) Certificate of closure.--The term ``certificate of closure'' means a determination issued by the Administrator or other Federal or State regulatory authority with respect to a carbon dioxide storage facility that certifies that the operator of the carbon dioxide storage facility has completed injection operations, well closure, and any required monitoring and remediation to ensure that any carbon dioxide injected into a geological storage unit would not harm or present a risk to human health, safety, and the environment, including drinking water supplies. (5) Civil claim.--The term ``civil claim'' means a claim, cause of action, lawsuit, judgment, court order, administrative order, government or agency order, fine, penalty, or notice of violation, for civil relief with respect to damages or harm to persons, property, or natural resources from the injection of carbon dioxide by a carbon dioxide storage facility. (6) Damage.-- (A) In general.--The term ``damage'' means any direct or indirect damage or harm to persons, property, or natural resources from the injection of carbon dioxide into geological storage units. (B) Inclusions.--The term ``damage'' includes personal injury, sickness, real or personal property damage, natural resource damage, trespass, subsidence losses, revenue losses, and loss of profits. (7) Enhanced hydrocarbon recovery.--The term ``enhanced hydrocarbon recovery'' means the use of carbon dioxide to improve or enhance the recovery of oil or natural gas from oil or natural gas fields. (8) Fund.--The term ``Fund'' means the Carbon Storage Trust Fund established by section 5(d)(1). (9) Geological storage unit.--The term ``geological storage unit'' includes saline formations, hydrocarbon formations, basalt formations, salt caverns, unmineable coal seams, or any other geological formation capable of permanently storing carbon dioxide. (10) Liability assurance.--The term ``liability assurance'' means privately funded financial mechanisms, including third- party insurance, self-insurance, performance bonds, trust funds, letters of credit, and surety bonds. (11) Long-term stewardship.--The term ``long-term stewardship'' means the monitoring, measurement, verification, and remediation and related activities associated with a carbon dioxide storage facility after issuance of a certificate of closure. (12) Program.--The term ``Program'' means the Carbon Storage Stewardship and Trust Fund Program established by section 5(a). (13) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. LONG-TERM STEWARDSHIP RESPONSIBILITY. (a) In General.--Subject to subsection (b), the Secretary shall be responsible for the long-term stewardship of a carbon dioxide storage facility on the issuance of a certificate of closure for the carbon dioxide storage facility. (b) Transfer to State.-- (1) In general.--A State may request that the management responsibilities associated with long-term stewardship of a carbon dioxide storage facility located in the State be transferred to the State in accordance with regulations established by the Secretary. (2) Approval of request.--If the Secretary approves a request under paragraph (1), the State shall be responsible for the long-term stewardship of the applicable carbon dioxide storage facility beginning on the date of the approval in accordance with applicable Federal and State laws (including regulations). (3) Failure to act by state.--In accordance with any regulations established under paragraph (1), if the Secretary determines that a State that has accepted management responsibilities under paragraph (1) has failed to carry out the responsibilities of the State with respect to the carbon dioxide storage facility, the Secretary shall assume long-term stewardship of the carbon dioxide storage facility as soon as practicable after the date of the determination. (c) Standards.--The Secretary, in coordination with the Administrator, shall establish standards for any monitoring, measurement, verification, and site remediation activities necessary to protect health, safety, and the environment during long-term stewardship performed by a State or the Federal Government. (d) Coordination With Administrator.--If long-term stewardship is vested with the Secretary, the Secretary may coordinate responsibility for site monitoring, measurement, verification, and remediation and related activities with the Administrator. SEC. 5. CARBON STORAGE STEWARDSHIP AND TRUST FUND PROGRAM. (a) In General.--There is established in the Department of Energy the Carbon Storage Stewardship and Trust Fund Program. (b) Liability Assurance Required for Operators of Commercial Carbon Dioxide Storage Facilities.--Notwithstanding any other provision of Federal or State law, in carrying out the Program, the Secretary shall require operators of carbon dioxide storage facilities to maintain adequate liability assurance during the active project period. (c) Fees.-- (1) In general.--In carrying out the Program, the Secretary shall require operators of carbon dioxide storage facilities to pay a risk-based fee, in an amount to be established in accordance with paragraph (2), for each ton of carbon dioxide injected by the carbon dioxide storage facility into geological storage units during the operation phase of the facility. (2) Amount.-- (A) In general.--As soon as practicable after the date of enactment of this Act and after taking into account the criteria described in subparagraph (B), the Secretary shall establish-- (i) the minimum and maximum balance for the Fund; and (ii) the amount of the fee required under paragraph (1). (B) Criteria.--The criteria referred to in subparagraph (A) are-- (i) the estimated quantity of carbon dioxide to be injected annually into geological storage units by all operating commercial carbon dioxide storage facilities; (ii) the likelihood or risk of an incident resulting in liability; (iii) the likely dollar value of any damages relating to an incident; (iv) other factors relating to the risk of the carbon dioxide storage facility and associated geological storage unit; and (v) impact on commercial and economic viability of carbon dioxide storage facilities. (C) Considerations.--In establishing the amount of the fee under subparagraph (A)(ii), the Secretary may consider using a fee system that is based on the level of risk associated with a specific geological storage unit to provide an incentive for the selection and operation of the best carbon dioxide storage facilities. (D) Enhanced hydrocarbon recovery.--The Secretary shall determine the most appropriate approach for charging a fee on the quantity of carbon dioxide injected into oil and gas fields, after taking into consideration-- (i) the quantity of carbon dioxide that is permanently stored; (ii) whether or not the enhanced hydrocarbon recovery operation is also being operated as a carbon dioxide storage facility; and (iii) any other factors that the Secretary determines to be appropriate. (E) Review and adjustment.--The Secretary shall, on at least an annual basis, review the Fund balance-- (i) to ensure that there are sufficient amounts in the Fund to make the payments required under subsection (d)(3)(A); and (ii) to determine whether or not to increase or decrease the amount, or discontinue collection, of the fee, after taking into consideration-- (I) the annual quantity of carbon dioxide injected by carbon dioxide storage facilities; (II) the number and estimated value of claims against the Fund; and (III) any other relevant factors, as determined by the Secretary. (3) Deposit.--Notwithstanding section 3302 of section 31, United States Code, the fees collected under paragraph (1) shall be deposited in the Fund. (d) Carbon Storage Trust Fund.-- (1) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Carbon Storage Trust Fund'', consisting of such amounts as are deposited under subsection (c)(3). (2) Use of fund.-- (A) In general.--Amounts in the Fund shall be made available, without further appropriation or fiscal year limitation-- (i) to the Secretary for the payment of civil claims from a carbon dioxide storage facility that are brought after a certificate of closure for the carbon dioxide storage facility has been issued; (ii) to the Secretary for long-term stewardship after the date of issuance of a certificate for closure; and (iii) to the Secretary or other appropriate regulatory authority to pay any reasonable and verified administrative costs incurred by the Secretary or regulatory authority in carrying out the Program. (B) Limitation.--Amounts in the Fund shall only be used for the purposes described in clause (i), (ii), or (iii) of subparagraph (A). (C) Limitation on payments.-- (i) In general.--Subject to clause (ii), an aggregate claim for damages brought under subparagraph (A)(i) shall be limited to an amount to be established by the Secretary as soon as practicable after the date of enactment of this Act, based on mechanisms such as-- (I) actuarial modeling of probable damage; and (II) net present value analysis. (ii) Congressional action.--If estimated or actual aggregate damages exceed the amount established under clause (i)-- (I) the Secretary shall notify Congress; and (II) on receipt of notice under subclause (I), Congress may provide for payments in excess of that amount, in accordance with guidelines established by Congress by law. (D) Exception for gross negligence and intentional misconduct.--Notwithstanding subparagraph (A), no amounts in the Fund shall be used to pay a claim for liability arising out of conduct of an operator of a carbon dioxide storage facility that is grossly negligent or that constitutes intentional misconduct, as determined by the Secretary. (E) Procedures for adjudication of claims.--Claims of damage brought under subparagraph (A)(i) relating to carbon dioxide in a carbon dioxide storage facility subject to a certificate of closure shall be-- (i) filed in the United States Court of Federal Claims; and (ii) adjudicated in accordance with procedures established by the United States Court of Federal Claims. (3) Initial funding.-- (A) In general.--If sufficient amounts are not available in the Fund to cover potential claims during the first years of the Program, the Secretary may request from the Secretary of the Treasury an interest- bearing advance in funding from the Treasury to carry out the Program, subject to subparagraph (B). (B) Terms and conditions.--The terms and conditions for the repayment of an advance under subparagraph (A) shall be specified by the Secretary of the Treasury. SEC. 6. LIMITATION ON CIVIL CLAIMS. (a) In General.--Except as provided in subsection (b), on issuance of a certificate of closure, a civil claim or claim for the performance of long-term stewardship responsibilities under applicable Federal and State law, may not be brought against-- (1) the operator or owner of the carbon dioxide storage facility subject to the certificate of closure; (2) the generator of the carbon dioxide stored in the applicable geological storage unit; or (3) the owner or operator of the pipeline used to transport the carbon dioxide to the carbon dioxide storage facility subject to the certificate of closure. (b) Exception.--Subsection (a) shall not apply in the case of a civil claim involving the gross negligence or intentional misconduct of an owner, operator, or generator.

Carbon Storage Stewardship Trust Fund Act of 2009 - Makes the Secretary of Energy responsible for the long-term stewardship of a carbon dioxide storage facility upon the issuance of a certificate of closure for the facility. Authorizes a state to request that the stewardship of a facility located in the state be transferred to the state. Directs the Secretary, in coordination with the Administrator of the Environmental Protection Agency (EPA), to establish standards for monitoring, measurement, verification, and site remediation activities necessary to protect health, safety, and the environment during such stewardship. Establishes in the Department of Energy (DOE) the Carbon Storage Stewardship and Trust Fund Program. Directs the Secretary to require operators of carbon dioxide storage facilities to: (1) maintain adequate liability insurance during the phases of the facility through receipt of a certificate of closure; and (2) pay a risk-based fee for each ton of carbon dioxide injected by the facility into geological storage units. Establishes in the Treasury a Carbon Storage Trust Fund, which shall be used to pay long-term stewardship costs, Program administrative costs, and civil claims brought against a facility after closure. Sets forth provisions concerning limitations on, funding of, and adjudication of such claims.

{"src": "billsum_train", "title": "A bill to establish a program to be managed by the Department of Energy to ensure prompt and orderly compensation for potential damages relating to the storage of carbon dioxide in geological storage units."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance for Communities Act of 2003''. SEC. 2. PURPOSE. The purpose of this Act is to assist communities negatively impacted by trade with economic adjustment through the integration of political and economic organizations, the coordination of Federal, State, and local resources, the creation of community-based development strategies, and the provision of economic transition assistance. SEC. 3. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES. Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) is amended to read as follows: ``CHAPTER 4--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES ``SEC. 271. DEFINITIONS. ``In this chapter: ``(1) Affected domestic producer.--The term `affected domestic producer' means any manufacturer, producer, farmer, rancher, fisherman or worker representative (including associations of such persons) that was affected by a finding under the Antidumping Act of 1921, or by an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930. ``(2) Agricultural commodity producer.--The term `agricultural commodity producer' has the same meaning as the term `person' as prescribed by regulations promulgated under section 1001(5) of the Food Security Act of 1985 (7 U.S.C. 1308(5)). ``(3) Community.--The term `community' means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State that the Secretary certifies as being negatively impacted by trade. ``(4) Community negatively impacted by trade.--A community negatively impacted by trade means a community with respect to which a determination has been made under section 273. ``(5) Eligible community.--The term `eligible community' means a community certified under section 273 for assistance under this chapter. ``(6) Fisherman.-- ``(A) In general.--The term `fisherman' means any person who-- ``(i) is engaged in commercial fishing; or ``(ii) is a United States fish processor. ``(B) Commercial fishing, fish, fishery, fishing, fishing vessel, person, and united states fish processor.--The terms `commercial fishing', `fish', `fishery', `fishing', `fishing vessel', `person', and `United States fish processor' have the same meanings as such terms have in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). ``(7) Job loss.--The term `job loss' means the total or partial separation of an individual, as those terms are defined in section 247. ``(8) Secretary.--The term `Secretary' means the Secretary of Commerce. ``SEC. 272. COMMUNITY TRADE ADJUSTMENT ASSISTANCE PROGRAM. ``(a) Establishment.--Within 6 months after the date of enactment of the Trade Adjustment Assistance for Communities Act of 2003, the Secretary shall establish a Trade Adjustment Assistance for Communities Program at the Department of Commerce. ``(b) Personnel.--The Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this chapter. ``(c) Coordination of Federal Response.--The Secretary shall-- ``(1) provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible communities; ``(2) coordinate the Federal response to an eligible community-- ``(A) by identifying all Federal, State, and local resources that are available to assist the eligible community in recovering from economic distress; ``(B) by ensuring that all Federal agencies offering assistance to an eligible community do so in a targeted, integrated manner that ensures that an eligible community has access to all available Federal assistance; ``(C) by assuring timely consultation and cooperation between Federal, State, and regional officials concerning economic adjustment for an eligible community; and ``(D) by identifying and strengthening existing agency mechanisms designed to assist eligible communities in their efforts to achieve economic adjustment and workforce reemployment; ``(3) provide comprehensive technical assistance to any eligible community in the efforts of that community to-- ``(A) identify serious economic problems in the community that are the result of negative impacts from trade; ``(B) integrate the major groups and organizations significantly affected by the economic adjustment; ``(C) access Federal, State, and local resources designed to assist in economic development and trade adjustment assistance; ``(D) diversify and strengthen the community economy; and ``(E) develop a community-based strategic plan to address economic development and workforce dislocation, including unemployment among agricultural commodity producers, and fishermen; ``(4) establish specific criteria for submission and evaluation of a strategic plan submitted under section 274(d); ``(5) establish specific criteria for submitting and evaluating applications for grants under section 275; ``(6) administer the grant programs established under sections 274 and 275; and ``(7) establish an interagency Trade Adjustment Assistance for Communities Working Group, consisting of the representatives of any Federal department or agency with responsibility for economic adjustment assistance, including the Department of Agriculture, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, the Department of Commerce, and any other Federal, State, or regional department or agency the Secretary determines necessary or appropriate. ``SEC. 273. CERTIFICATION AND NOTIFICATION. ``(a) Certification.--Not later than 45 days after an event described in subsection (c)(1), the Secretary of Commerce shall determine if a community described in subsection (b)(1) is negatively impacted by trade, and if a positive determination is made, shall certify the community for assistance under this chapter. ``(b) Determination That Community Is Eligible.-- ``(1) Community described.--A community described in this paragraph means a community with respect to which on or after October 1, 2003-- ``(A) the Secretary of Labor certifies a group of workers (or their authorized representative) in the community as eligible for assistance pursuant to section 223; ``(B) the Secretary of Commerce certifies a firm located in the community as eligible for adjustment assistance under section 251; ``(C) the Secretary of Agriculture certifies a group of agricultural commodity producers (or their authorized representative) in the community as eligible for adjustment assistance under section 293; ``(D) an affected domestic producer is located in the community; or ``(E) the Secretary determines that a significant number of fishermen in the community is negatively impacted by trade. ``(2) Negatively impacted by trade.--The Secretary shall determine that a community is negatively impacted by trade, after taking into consideration-- ``(A) the number of jobs affected compared to the size of workforce in the community; ``(B) the severity of the rates of unemployment in the community and the duration of the unemployment in the community; ``(C) the income levels and the extent of underemployment in the community; ``(D) the outmigration of population from the community and the extent to which the outmigration is causing economic injury in the community; and ``(E) the unique problems and needs of the community. ``(c) Definition and Special Rules.-- ``(1) Event described.--An event described in this paragraph means one of the following: ``(A) A notification described in paragraph (2). ``(B) A certification of a firm under section 251. ``(C) A finding under the Antidumping Act of 1921, or an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930. ``(D) A determination by the Secretary that a significant number of fishermen in a community have been negatively impacted by trade. ``(2) Notification.--The Secretary of Labor, immediately upon making a determination that a group of workers is eligible for trade adjustment assistance under section 223, (or the Secretary of Agriculture, immediately upon making a determination that a group of agricultural commodity producers is eligible for adjustment assistance under section 293, as the case may be) shall notify the Secretary of Commerce of the determination. ``(3) Look back.--In any case in which an event described in paragraph (1) occurred on or after January 1, 1998, and before the effective date of this chapter, the Secretary shall, not later than 45 days after such effective date, determine whether the community is negatively impacted by trade, and if a positive determination is made, shall certify the community for assistance under this chapter. ``(d) Notification to Eligible Communities.--Immediately upon certification by the Secretary of Commerce that a community is eligible for assistance under subsection (b), the Secretary shall notify the community-- ``(1) of the determination under subsection (b); ``(2) of the provisions of this chapter; ``(3) how to access the clearinghouse established by the Department of Commerce regarding available economic assistance; ``(4) how to obtain technical assistance provided under section 272(c)(3); and ``(5) how to obtain grants, tax credits, low income loans, and other appropriate economic assistance. ``SEC. 274. STRATEGIC PLANS. ``(a) In General.--An eligible community may develop a strategic plan for community economic adjustment and diversification. ``(b) Requirements for Strategic Plan.--A strategic plan shall contain, at a minimum, the following: ``(1) A description and justification of the capacity for economic adjustment, including the method of financing to be used. ``(2) A description of the commitment of the community to the strategic plan over the long term and the participation and input of groups affected by economic dislocation. ``(3) A description of the projects to be undertaken by the eligible community. ``(4) A description of how the plan and the projects to be undertaken by the eligible community will lead to job creation and job retention in the community. ``(5) A description of how the plan will achieve economic adjustment and diversification. ``(6) A description of how the plan and the projects will contribute to establishing or maintaining a level of public services necessary to attract and retain economic investment. ``(7) A description and justification for the cost and timing of proposed basic and advanced infrastructure improvements in the eligible community. ``(8) A description of how the plan will address the occupational and workforce conditions in the eligible community. ``(9) A description of the educational programs available for workforce training and future employment needs. ``(10) A description of how the plan will adapt to changing markets and business cycles. ``(11) A description and justification for the cost and timing of the total funds required by the community for economic assistance. ``(12) A graduation strategy through which the eligible community demonstrates that the community will terminate the need for Federal assistance. ``(c) Grants To Develop Strategic Plans.--The Secretary, upon receipt of an application from an eligible community, may award a grant to that community to be used to develop the strategic plan. ``(d) Submission of Plan.--A strategic plan developed under subsection (a) shall be submitted to the Secretary for evaluation and approval. ``SEC. 275. GRANTS FOR ECONOMIC DEVELOPMENT. ``(a) In General.--The Secretary, upon approval of a strategic plan from an eligible community, may award a grant to that community to carry out any project or program that is certified by the Secretary to be included in the strategic plan approved under section 274(d), or consistent with that plan. ``(b) Additional Grants.-- ``(1) In general.--Subject to paragraph (2), in order to assist eligible communities to obtain funds under Federal grant programs, other than the grants provided for in section 274(c) or subsection (a), the Secretary may, on the application of an eligible community, make a supplemental grant to the community if-- ``(A) the purpose of the grant program from which the grant is made is to provide technical or other assistance for planning, constructing, or equipping public works facilities or to provide assistance for public service projects; and ``(B) the grant is 1 for which the community is eligible except for the community's inability to meet the non-Federal share requirements of the grant program. ``(2) Use as non-federal share.--A supplemental grant made under this subsection may be used to provide the non-Federal share of a project, unless the total Federal contribution to the project for which the grant is being made exceeds 80 percent and that excess is not permitted by law. ``(c) Rural Community Preference.--The Secretary shall develop guidelines to ensure that rural communities receive preference in the allocation of resources. ``SEC. 276. GENERAL PROVISIONS. ``(a) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this chapter. Before implementing any regulation or guideline proposed by the Secretary with respect to this chapter, the Secretary shall submit the regulation or guideline to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives for approval. ``(b) Supplement Not Supplant.--Funds appropriated under this chapter shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $350,000,000 for each of fiscal years 2004 through 2007, to carry out this chapter. Amounts appropriated pursuant to this subsection shall remain available until expended.''. SEC. 4. CONFORMING AMENDMENTS. (a) Termination.--Section 285(b) of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by adding at the end the following new paragraph: ``(3) Assistance for communities.--Technical assistance and other payments may not be provided under chapter 4 after September 30, 2007.''. (b) Table of Contents.--The table of contents for title II of the Trade Act of 1974 is amended by striking the items relating to chapter 4 of title II and inserting after the items relating to chapter 3 the following new items: ``Chapter 4--Trade Adjustment Assistance for Communities ``Sec. 271. Definitions. ``Sec. 272. Community Trade Adjustment Assistance Program. ``Sec. 273. Certification and notification. ``Sec. 274. Strategic plans. ``Sec. 275. Grants for economic development. ``Sec. 276. General provisions.''. (c) Judicial Review.--Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended by striking ``section 271'' and inserting ``section 273''. SEC. 5. EFFECTIVE DATE. The provisions of this Act shall take effect on October 1, 2003.

Trade Adjustment Assistance for Communities Act of 2003 - Amends the Trade Act of 1974 to revise the program for trade adjustment assistance for communities negatively impacted by trade. Requires the Secretary of Commerce to: (1) establish a Trade Adjustment Assistance for Communities Program at the Department of Commerce; (2) provide for a coordinated Federal response to economic dislocation in communities negatively impacted by trade; and (3) make a determination if a community is negatively impacted by a trade and certify such community for assistance. Allows communities negatively impacted by trade to develop strategic plans for community economic adjustment and diversification. Authorizes the Secretary to award grants to communities that devise such strategic plans and to give preference to rural communities. Directs the Secretary to certify certain communities that were negatively impacted by trade on or after January 1, 1998, for adjustment assistance.

{"src": "billsum_train", "title": "To amend the Trade Act of 1974 to provide trade adjustment assistance for communities, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Administration Preparedness Act of 2000''. SEC. 2. ADMINISTRATIVE EXPENSES OF THE SOCIAL SECURITY ADMINISTRATION. (a) Limitations on Authorization of Administrative Expenses.-- (1) In general.--Section 201(g)(1)(A) of the Social Security Act (42 U.S.C. 401(g)(1)(A)) is amended by striking ``Of the amounts authorized'' and all that follows and inserting the following: ``The amounts authorized to be made available out of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under the preceding sentence for fiscal year 2001 shall be $7,500,000,000, and the amounts so authorized for fiscal year 2002 shall be $8,450,000,000.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to fiscal years after fiscal year 2000. (b) Reports.--Section 201(g)(1) of such Act is amended further by redesignating subparagraphs (B), (C), and (D) as subparagraphs (E), (F), and (G), respectively, and by inserting after subparagraph (A) the following new subparagraphs: ``(B) Each program performance report submitted by the Commissioner of Social Security pursuant to section 1116 of title 31, United States Code, shall include documentation of the manner in which and the extent to which funds which have been appropriated for the current fiscal year pursuant to subparagraph (A) have been and will be used, and the manner in which and the extent to which funds which are to be appropriated for the following fiscal year pursuant to subparagraph (A) would be used, to effectively-- ``(i) carry out the mission of the Social Security Administration (other than the mission of the Office of the Inspector General), ``(ii) meet specific levels of performance that the Administration has committed to achieve through such plans, ``(iii) achieve modern, customer responsive service, and ``(iv) protect the integrity of the programs administered by the Commissioner under this Act through exemplary stewardship. The Commissioner shall ensure that a copy of each such plan is submitted to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate. ``(C)(i) The Inspector General of the Social Security Administration shall prepare for the Office of the Inspector General for each fiscal year-- ``(I) an annual performance plan with respect to the activities of the Office, and ``(II) a report on the program performance of the Office in relation to such plan. The Inspector General shall submit the report on program performance for each fiscal year to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate not later than the time required for the submission of the program performance report of the Social Security Administration for such fiscal year. ``(ii) Each program performance report by the Office of the Inspector General shall include documentation by the Inspector General of the manner in which and the extent to which funds which have been appropriated for the current fiscal year pursuant to subparagraph (A) have been and will be used, and the manner in which and the extent to which funds which are to be appropriated for the following fiscal year pursuant to subparagraph (A) would be used, to effectively-- ``(I) carry out the mission of the Office of the Inspector General, and ``(II) meet specific levels of performance that the Inspector General has committed to achieve through the performance plans prepared by the Inspector General. ``(D) Not later than 90 days after the latest date for the annual submission by the President to the Congress of the budget of the United States Government, the Comptroller General of the United States shall submit a report to the President and to the Congress, including submissions to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate, detailing the Comptroller General's assessment of the degree to which the Social Security Administration is meeting its established performance goals, along with such recommendations for improvements in the performance of the Social Security Administration as the Comptroller General considers appropriate.''. (c) Establishment and Maintenance of Advanced Technology System.-- Section 201(g)(1) of such Act (as amended by the preceding provisions of this section) is amended further by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E)(i) The Commissioner of Social Security shall establish and maintain an advanced, proven technology system sufficient to meet the increasing future demands of the programs administered by the Social Security Administration. The Commissioner shall establish in the Administration a technical panel of leading information technology experts to assist the Commissioner in establishing such system. ``(ii)(I) Not later than the latest date for submission of the President's budget for fiscal year 2002, and such date biennially thereafter, the Commissioner of Social Security shall submit a comprehensive information technology investment plan to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate. Such plan shall include a description of progress made by the Social Security Administration as of the date of the submission of the report in carrying out the requirements of clause (i). Such plan may be prepared as a portion of the program performance report submitted by the Commissioner of Social Security pursuant to section 1116 of title 31, United States Code. ``(II) Each plan prepared pursuant to subclause (I) shall set forth specific performance goals and, in relation to such goals, information regarding project costs, benefits, risks, and returns. Such plan shall also set forth a defined process for measuring performance in achieving such goals. ``(iii) Not later than 90 days after the date of the submission by the Commissioner of each plan as required by clause (i), the Comptroller General of the United States shall submit a report to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate detailing the Comptroller General's assessment of the plan, together with such recommendations as the Comptroller General considers appropriate.''. (d) Conforming Amendments.--Section 201(g)(1) of such Act is amended further-- (1) in subparagraph (G) (as redesignated by the preceding provisions of this section), by striking ``subparagraph (B)'' and inserting ``subparagraph (F)''; and (2) in subparagraph (H) (as redesignated by the preceding provisions of this section), by striking ``subparagraph (B)(i)'' and inserting ``subparagraph (F)(i)''. SEC. 3. LIMITATION OF SOCIAL SECURITY ADMINISTRATIVE EXPENSES. (a) Adjustment to Discretionary Spending Limits.--Section 251(b)(2)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(C)) is amended to read as follows: ``(C) Social security administrative expenses.--(i) If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for administrative expenses of the Social Security Administration, the adjustments for that fiscal year shall be the new budget authority provided in that Act for such purpose for that fiscal year and the outlays flowing from such amounts, but shall not exceed-- ``(I) for fiscal year 2001, $7,500,000,000 in new budget authority and $7,407,000,000 in outlays; and ``(II) for fiscal year 2002, $8,450,000,000 in new budget authority and $8,352,000,000 in outlays. ``(ii) As used in this subparagraph, the term `administrative expenses of the Social Security Administration' refers to the following budget accounts: ``(I) 20-8007-0-7-651 (Limitations on Administrative Expenses), including expenses for information technology acquisition for the Social Security Administration, and ``(II) 28-0400-0-1-651 (Office of Inspector General).''. (b) Budget Allocation Adjustment by Budget Committees.--Section 314(b)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 645(b)(2)) is amended to read as follows: ``(2) an amount provided for administrative expenses of the Social Security Administration subject to the limitations in section 251(b)(2)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (c) Definition of Administrative Expenses of the Social Security Administration.--Section 314(e) of the Congressional Budget Act of 1974 (2 U.S.C. 645(e)) is amended to read as follows: ``(e) Definition of Administrative Expenses of the Social Security Administration.--As used in subsection (b)(2), the term `administrative expenses of the Social Security Administration' shall have the same meaning as provided in section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. SEC. 4. OFF-BUDGET STATUS OF SOCIAL SECURITY ADMINISTRATIVE EXPENSES. Section 704(b) of the Social Security Act (42 U.S.C. 904(b)) is amended by adding at the end the following new paragraph: ``(3) Effective October 1, 2002, and notwithstanding any other provision of law, the administrative expenses of the Social Security Administration referred to in the fourth sentence of section 201(g)(1)(A) shall not be counted as new budget authority, outlays, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President, (B) the congressional budget, or (C) the Balanced Budget and Emergency Deficit Control Act of 1985.''.

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974 to prescribe additional limits for adjustments to discretionary spending limits for FY 2201 and 2002 Social Security administrative expenses. Amends SSA title VII (Administration) to make Social Security administrative expenses off-budget.

{"src": "billsum_train", "title": "Social Security Administration Preparedness Act of 2000"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Alternative Production Act'' or the ``REAP Act''. SEC. 2. CREDIT FOR PRODUCTION OF RENEWABLE ENERGY. (a) In General.--Section 45 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Credit Allowed for Production of Non-Electric Energy.-- ``(1) In general.--The credit allowed under subsection (a) shall be increased by an amount equal to the product of-- ``(A) the dollar amount determined under paragraph (2), and ``(B) each million British thermal units (mmBtu) of qualified fuel which is-- ``(i) produced by the taxpayer-- ``(I) from qualified energy resources, and ``(II) at any facility during the 10-year period beginning on the date such facility was placed in service, ``(ii) not used for the production of electricity, and ``(iii) sold by the taxpayer to an unrelated person during the taxable year. ``(2) Dollar amount.--The dollar amount determined under this paragraph shall be the amount determined by the Secretary to be the equivalent, expressed in British thermal units, of the credit allowed under subsection (a) for 1 kilowatt hour of electricity. ``(3) Reduction for grants, tax exempt bonds, subsidized energy financing, and other credits.--Rules similar to the rules of subsection (b)(3) shall apply for purposes of paragraph (1). ``(4) Definitions and special rules.--For purposes of this subsection-- ``(A) Qualified fuel.--The term `qualified fuel' means an energy product which is produced, extracted, converted, or synthesized from a qualified energy resource through a controlled process, including pyrolysis, electrolysis, and anaerobic digestion, which results in a product consisting of methane, synthesis gas, hydrogen, steam, manufactured cellulosic fuels, or any other form of energy provided under regulations by the Secretary and which is used solely as a source of energy. ``(B) Allocation of credit to patrons of agricultural cooperatives.--Rules similar to the rules of subsection (e)(11) shall apply for purposes of paragraph (1).''. (b) Conforming Amendments.-- (1) The heading for section 45 of the Internal Revenue Code of 1986 is amended by striking ``electricity'' and inserting ``energy''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking ``Electricity'' in the item relating to section 45 and inserting ``Energy''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. ENERGY CREDIT FOR ONSITE RENEWABLE NON-ELECTRIC ENERGY PRODUCTION FACILITIES. (a) Credit Allowed.--Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of subclause (III), and (2) by adding at the end the following new subclause: ``(V) qualified onsite renewable non-electric energy production property,''. (b) Qualified Onsite Renewable Non-Electric Energy Production Property.--Subsection (c) of section 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Qualified onsite renewable non-electric energy production property.-- ``(A) In general.--The term `qualified onsite renewable non-electric energy production property' means property which produces qualified fuel-- ``(i) from qualified energy resources, ``(ii) not used for the production of electricity, and ``(iii) used primarily on the same site where the production is located to replace an equivalent amount of non-renewable fuel (determined based on the number of British thermal units of non-renewable fuel consumed by the taxpayer in the prior taxable year) or to provide energy primarily on such site for a use that did not exist prior to the later of the date of the enactment of this paragraph or the date such property was placed in service. ``(B) Definitions.--For purposes of this paragraph-- ``(i) Qualified fuel.--The term `qualified fuel' means an energy product which is produced, extracted, converted, or synthesized from a qualified energy resource through a controlled process, including pyrolysis, electrolysis, and anaerobic digestion, which results in a product consisting of methane, synthesis gas, hydrogen, steam, manufactured cellulosic fuels, or any other form of energy provided under regulations by the Secretary and which is used solely as a source of energy. ``(ii) Qualified energy resources.--The term `qualified energy resources' has the meaning given such term by paragraph (1) of section 45(c). ``(iii) Termination.--The term `qualified onsite renewable non-electric energy production property' shall not include any property for any period after the date which is 10 years after the date of the enactment of the Renewable Energy Alternative Production Act.''. (c) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 4. RENEWABLE NON-ELECTRIC ENERGY PRODUCTION FACILITIES ELIGIBLE FOR NEW CLEAN RENEWABLE ENERGY BONDS. (a) In General.--Paragraph (1) of section 54C(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Qualified renewable energy facility.--The term `qualified renewable energy facility' means a facility which is-- ``(A)(i) a qualified facility (as determined under section 45(d) without regard to paragraphs (8) and (10) thereof and to any placed in service date), or ``(ii) a facility which produces qualified fuel (as defined in section 45(f)(4)(A)) which is derived from qualified energy resources (within the meaning of section 45(f)(4)(B)) and not used for the production of electricity, and ``(B) owned by a public power provider, a governmental body, or a cooperative electric company.''. (b) Effective Date.--The amendment made by this section shall apply to obligations issued after the date of the enactment of this Act.

Renewable Energy Alternative Production Act or the REAP Act - Amends the Internal Revenue Code to allow: (1) a new tax credit for the production of non-electric energy from renewable resources; (2) an energy tax credit for investment in property used to replace non-electric energy at the production site for such energy; and (3) new clean renewable energy bond financing for renewable non-electiric energy production property.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for an energy carrier production tax credit, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Crisis Line Study Act of 2017''. SEC. 2. STUDY ON EFFICACY OF VETERANS CRISIS LINE. (a) Study.--The Secretary of Veterans Affairs shall conduct a study on the outcomes and the efficacy of the Veterans Crisis Line during the five-year period beginning January 1, 2014, based on an analysis of national suicide data and data collected from the Veterans Crisis Line. (b) Matters Included.--The study under subsection (a) shall address the following: (1) The efficacy of the Veterans Crisis Line in leading veterans to sustained mental health regimens, by determining-- (A) the number of veterans who, after contacting the Veterans Crisis Line and being referred to a suicide prevention specialist, begin and continue mental health care furnished by the Secretary of Veterans Affairs; and (B) the number of veterans who, after contacting the Veterans Crisis Line and being referred to a suicide prevention specialist, either-- (i) begin mental health care furnished by the Secretary but do not continue such care; or (ii) do not begin such care. (2) The visibility of the Veterans Crisis Line, by determining-- (A) the number of veterans who contact the Veterans Crisis Line and have not previously received hospital care or medical services furnished by the Secretary; and (B) the number of veterans who contact the Veterans Crisis Line and have previously received hospital care or medical services furnished by the Secretary. (3) The role of the Veterans Crisis Line as part of the mental health care services of the Department, by determining, of the veterans who are enrolled in the health care system established under section 1705(a) of title 38, United States Code, who contact the Veterans Crisis Line, the number who are under the care of a mental health care provider of the Department at the time of such contact. (4) Whether receiving sustained mental health care affects suicidality and whether veterans previously receiving mental health care furnished by the Secretary use the Veterans Crisis Line in times of crisis, with respect to the veterans described in paragraph (3), by determining the time frame between receiving such care and the time of such contact. (5) The effectiveness of the Veterans Crisis Line in assisting veterans at risk for suicide when the Veterans Crisis Line is contacted by a non-veteran, by determining, of the number of non-veterans who contact the Veterans Crisis Line looking for support in assisting a veteran, how many of such individuals receive support in having a veteran begin to receive mental health care furnished by the Secretary. (6) The overall efficacy of the Veterans Crisis Line in preventing suicides and whether the number of contacts affects the efficacy, by determining-- (A) the number of veterans who contact the Veterans Crisis Line who ultimately commit or attempt suicide; and (B) of such veterans, how many times did a veteran contact the Veterans Crisis Line prior to committing or attempting suicide. (7) The long-term efficacy of the Veterans Crisis Line in preventing repeated suicide attempts and whether the efficacy is temporary, by determining, of the number of veterans who contacted the Veterans Crisis Line and did not commit or attempt suicide during the following six-month period, the number who contacted the Veterans Crisis Line in crisis at a later time and thereafter did commit or attempt suicide. (8) Whether referral to mental health care affects the risk of suicide, by determining-- (A) the number of veterans who contact the Veterans Crisis Line who are not referred to, or do not continue receiving, mental health care who commit suicide; and (B) the number of veterans described in paragraph (1)(A) who commit or attempt suicide. (9) The efficacy of the Veterans Crisis Line to promote continued mental health care in those veterans who are at high risk for suicide whose suicide was prevented, by determining, of the number of veterans who contacted the Veterans Crisis Line and did not commit or attempt suicide soon thereafter, the number that begin and continue to receive mental health care furnished by the Secretary. (c) Data Collection Practices.--During the portion of the five-year period of study under subsection (a) after the date of the enactment of this Act, data shall be collected in the same manner that it had been collected during the portion of the period of the study before such date of enactment. Data collection shall not be construed as being extended, contracted, or modified in any way due to the enactment of this Act. (d) Submission.--Not later than March 1, 2020, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives the study conducted under subsection (a). (e) Veterans Crisis Line Defined.--In this section, the term ``Veterans Crisis Line'' means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.

Veterans Crisis Line Study Act of 2017 This bill directs the Department of Veterans Affairs (VA) to conduct a study on the outcomes and the efficacy of the Veterans Crisis Line during the five-year period beginning January 1, 2014, based on an analysis of national suicide data and data collected from the line. Such study shall address: (1) the efficacy of the line in leading veterans to sustained mental health regimens and suicide prevention; (2) the line's visibility; (3) the role of the line as part of the VA's mental health care services; and (4) whether receiving sustained mental health care affects suicidality, including among veterans who are at high risk for suicide.

{"src": "billsum_train", "title": "Veterans Crisis Line Study Act of 2017"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazardous Materials Cooperative Research Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. Congress finds the following: (1) There are more than 1,000,000 shipments per day in the United States of materials identified as hazardous by the United States Department of Transportation. These shipments are estimated to total 2,100,000,000 tons of hazardous cargo per year and to comprise more than 18 percent of the total freight tonnage moved in the United States annually. (2) Hazardous materials are shipped by all transportation modes and it is estimated that there are currently 400,000 large trucks, 115,000 railroad tank cars, and 3,000 tank barges dedicated to the shipment of hazardous materials. (3) More than a dozen Federal agencies have regulatory, enforcement, and operational responsibilities for ensuring the safety and security of hazardous materials shipments. In addition, a variety of State and local agencies have responsibility for developing and enforcing State-level regulations and for responding to incidents involving hazardous materials. (4) Decisions regarding the packaging and routing of hazardous materials shipments, the development and implementation of procedures to ensure both the safety and security of such shipments, and the regulation of hazardous materials shipments are made by industry groups and government entities at a variety of levels and in all modal administrations of the Department of Transportation on a daily basis. (5) The Federal agencies involved in the regulation and oversight of hazardous materials shipments as well as State and local governments, carriers, shippers, and other groups conduct on-going research on the transportation of hazardous materials. However, much of this research is program or mode-specific and as such is focused on addressing only the regulatory, inspection, enforcement, or operational needs of the group undertaking the research. (6) There is a documented need for the establishment of a cooperative research program that will engage all modes and actors, both public and private, involved in the transportation of hazardous materials in conducting cross-cutting assessments of hazardous materials transportation issues that are national and multi-modal in scope and application. SEC. 3. HAZARDOUS MATERIALS COOPERATIVE RESEARCH PROGRAM. (a) In General.--From the amounts made available under section 5127 of title 49, United States Code, the Secretary of Transportation may obligate not to exceed $2,000,000 per fiscal year to develop and administer a hazardous materials cooperative research program. (b) Governance.--The Secretary of Transportation shall establish an independent governing board to select projects and studies to be carried out under the hazardous materials cooperative research program. The Board shall be comprised of one voting representative from the following: (1) The Federal Aviation Administration. (2) The Federal Motor Carrier Administration. (3) The Federal Transit Administration. (4) The Federal Railroad Administration. (5) The Maritime Administration. (6) The Research and Innovative Technology Administration. (7) The Pipeline and Hazardous Materials Safety Administration. (8) The Department of Homeland Security. (9) The Department of Energy. (10) The Environmental Protection Agency. (11) A State department of transportation. (12) A State emergency management agency. (13) A nonprofit organization representing emergency responders. (14) A hazmat employer. (15) A nonprofit organization representing hazmat employees. (16) A hazardous materials shipper. (17) A hazardous materials manufacturer. (18) An organization representing the hazardous materials manufacturing industry. (19) A research university or research institution. (20) Additional representatives as the Secretary considers appropriate. (c) Research Studies.--Under the cooperative research program, the governing board shall select cooperative research studies of hazardous materials transportation that are cross-cutting in nature and that consider issues not adequately addressed by existing Federal or private sector research programs. Priority shall be given to research studies that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to incidents and accidents involving transportation of hazardous materials. (d) Special Rules Regarding Studies.-- (1) Safety and security.--The purpose of at least one of the studies to be conducted under the cooperative research program shall be-- (A) to provide an assessment of opportunities for integrating and supplementing safety and security measures for hazardous materials transportation; (B) to identify areas where safety and security measures currently utilized in the transportation of hazardous materials conflict or complement one another; (C) to outline a comprehensive approach to hazardous materials transportation that effectively incorporates safety and security procedures; and (D) to produce a model of reasonable State and local risk response and management plans that effectively address safety and security of hazardous materials transportation. (2) Performance data for bulk containers .--The purpose of at least one of the studies to be conducted under the research program shall be to provide-- (A) an analysis of, and recommendations for, the design and funding of a nationwide system capable of collecting and analyzing performance data from bulk containers involved in transportation accidents; and (B) recommendations that can be used to develop conditional release probabilities for various container design specifications (by transport mode). (3) Packaging requirements.-- The purpose of at least one of the studies to be conducted under the research program shall be to provide an analysis of recommendations on appropriate packaging requirements for those hazardous materials that are most frequently involved in release incidents. (4) Routing.--The purpose of at least one of the studies to be conducted under the research program shall be to identify the components that could comprise a model of risk and consequence analysis in rail and highway transportation and that can be used to facilitate decisionmaking regarding the routing of hazardous materials shipments and the development of regulations regarding mandatory routing decisions. (5) Response coverage.--The purpose of at least one of the studies to be conducted under the research program shall be to provide an assessment of the quality of response coverage for hazardous materials incidents, including cost-effective strategies for improving response capabilities and making recommendations on systematic approaches that could be used to allocate government funding to enhance response capability. (6) Response guidelines.--The purpose of at least one of the studies to be conducted under the research program shall be-- (A) to develop a guideline document for use by emergency responders and handlers to guide their response to incidents involving hazardous materials and to define the roles and responsibilities of carriers and shippers in event response; and (B) to detail event response procedures that can be consistently applied across all modes. (e) Implementation.--The Secretary of Transportation shall make grants to, and enter a cooperative agreement with, the National Academy of Sciences to carry out activities under this Act. (f) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the effectiveness of the program in meeting the needs of government and the private sector for cooperative research on hazardous materials transportation. (g) Definitions.--In this Act, the terms ``hazmat employer'' and ``hazmat employee'' have the meaning given those terms in section 5102 of title 49, United States Code.

Hazardous Materials Cooperative Research Act of 2005 - Authorizes the Secretary of Transportation to obligate for each fiscal year certain hazardous materials transportation funds to develop and administer a hazardous materials cooperative research program. Directs the Secretary to establish an independent governing board to select cooperative research projects and studies of hazardous materials transportation to be carried out under the program that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to accidents involving the transportation of hazardous materials.

{"src": "billsum_train", "title": "To provide for the establishment of a hazardous materials cooperative research program."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Postal Closures Act of 2016''. SEC. 2. POSTAL FACILITY CLOSURE AND CONSOLIDATIONS. (a) Moratorium on Closings and Consolidations.--Beginning on the date of enactment of this Act, the United States Postal Service may not close or consolidate any postal facility (as that term is defined in section 404(f)(5) of title 39, United States Code, as added by subsection (b)), or carry out any network rationalization activity, until the Postal Regulatory Commission has certified that the Postal Service has met the national service standards in accordance with the requirements of section 3. (b) Process for Closing and Consolidating Processing Facilities.-- Section 404 of title 39, United States Code, is amended by adding at the end the following: ``(f)(1) The Postal Service may not close or consolidate any postal facility without the approval of the Postal Regulatory Commission, as provided in this subsection. For purposes of this subsection, the term `postal facility' means a Postal Service facility that is primarily involved in the preparation, dispatch, or other physical processing of mail, but does not include-- ``(A) any post office, station, or branch; or ``(B) any facility used only for administrative functions. ``(2) Before making a determination to close or consolidate any postal facility, the Postal Service shall conduct an area mail processing study with respect to the facility. Such study shall include-- ``(A) a plan to reduce the capacity of the facility without closing the facility; ``(B) an analysis of the effect of the closure or consolidation on the ability of individuals served by the facility to vote by mail and the ability of the Postal Service to timely deliver ballots in elections for public office by mail in accordance with the deadline to return ballots established under applicable law; ``(C) an analysis of the effect of closure or consolidation on the-- ``(i) ability of individuals served by the facility to receive medications and other crucial notices and market- dominant products; ``(ii) affected community, including any disproportionate impact on a State, region, or locality; ``(iii) travel times and distances for affected customers to access postal services; ``(iv) delivery times for all classes of mail; and ``(v) small businesses in the area, including shipping and communications with customers and suppliers and the corresponding impact on revenues, operations, and growth; ``(D) an analysis of any characteristics of the geographic area in which the facility is located that may have a unique effect, including remoteness, broadband internet availability, and weather-related obstacles to using alternative postal facilities; and ``(E) any other factor the Postal Service determines necessary. ``(3) The Postmaster General shall publish-- ``(A) any study completed under paragraph (2) on the Postal Service public Web site; and ``(B) a notice that the study is complete and available to the public. ``(4) If the Postal Service makes a determination to close or consolidate a postal facility after completing the requirements of paragraphs (2) and (3), the Postal Service shall-- ``(A) provide written notice of the determination to Congress and the Postal Regulatory Commission; ``(B) provide adequate public notice of the intention to close or consolidate the facility, including through written notification (in multiple languages where necessary), within 30 days after the date notice is provided under subparagraph (A), to each person in the zip code served by such postal facility; ``(C) during the period of 120 days beginning on the date that is 30 days after the date notice is provided under subparagraph (A), ensure that interested persons have an opportunity to submit public comments; ``(D) prior to the period described in subparagraph (C), provide for public notice of such opportunity by-- ``(i) publication on the Postal Service public Web site; ``(ii) prominent posting at the affected postal facility; and ``(iii) advertising the dates and locations of the public community meetings required under subparagraph (E); and ``(E) during the period described in subparagraph (C), conduct at least 3 public meetings located within the area affected by the closing or consolidation that provides an opportunity for public comments to be submitted verbally or in writing. ``(5) Before the date on which the Postal Service proposes to close or consolidate a postal facility, the Postal Service shall publish on the Postal Service public Web site-- ``(A) notice of the final determination to close or consolidate the facility; and ``(B) a justification statement that includes-- ``(i) a response to all public comments received under paragraph (4); ``(ii) the considerations made by the Postal Service under such paragraph; and ``(iii) the actions that will be taken by the Postal Service to mitigate any negative effects identified under such paragraph. ``(6)(A) Beginning on the date that the Postal Service publishes the notice under paragraph (5), the Postal Regulatory Commission shall have 90 days to-- ``(i) review the study, public comments, and the Postal Service's response and notice, as described in such paragraphs; and ``(ii) approve or disapprove of the closure or consolidation. ``(B) If the Commission disapproves the closure or consolidation, the Postal Service may not attempt to consolidate or close that facility under this subsection for two years beginning on the date of the Commission's determination under subparagraph (A)(ii). A disapproval notice under this subparagraph shall be published on the Commission's public Web site. ``(C) If the Commission approves the closure or consolidation, the Postal Service may not begin the closure or consolidation action until the date that is 15 days after the date of the Commission's approval. An approval notice under this subparagraph shall be published on the Commission's public Web site.''. (c) Application.--The amendment made by subsection (b) shall apply to any closure or consolidation determination made by the United States Postal Service with respect to a postal facility (as that term is defined in section 404(f)(1) of title 39, United States Code, as added by subsection (b)) on or after the date of enactment of this Act. SEC. 3. MARKET-DOMINANT PRODUCT SERVICE STANDARDS. (a) National Mail Delivery Service Standards.--With respect to any market-dominant product (as that term is defined in section 102(8) of title 39, United States Code)-- (1) the national service standards implemented by the United States Postal Service and in effect on January 5, 2015, shall have no force or effect; and (2) the Postal Service shall reinstate the national service standards that were in effect on July 1, 2012. (b) Delivery Standards Enforcement.--The Postal Regulatory Commission shall determine, on an annual basis and using the performance ratings established under subsection (c), if the United States Postal Service is meeting the national service standards established under subsection (a) for market-dominant products. Such determination shall be submitted to the Federal Register. (c) Performance Ratings.--The Postal Regulatory Commission shall rate the performance of the Postal Service with respect to-- (1) each 3-digit zip code area, postal district, and operational area; (2) all postal districts-- (A) by urban, suburban, or rural category; and (B) nationwide; (3) all operational areas-- (A) by urban, suburban, or rural category; and (B) nationwide; (4) market-dominant products nationwide; and (5) first-class mail nationwide. (d) Definition of Urban, Suburban, and Rural.--For purposes of subsection (c), the Postal Regulatory Commission-- (1) shall promulgate regulations to define the terms ``urban'', ``suburban'', and ``rural''; (2) in defining the terms under paragraph (1), shall-- (A) consider-- (i) any recommendations submitted to the Commission by the Postmaster General; and (ii) existing definitions of those terms that are in use by the Postal Service, the Federal Government, and other sources; and (B) incorporate stakeholder input; and (3) shall categorize each 3-digit zip code area as an urban, suburban, or rural community. (e) Corrective Action.-- (1) In general.--If the Postal Regulatory Commission finds that the Postal Service is not meeting the national service standards, the Commission may recommend to the Postal Service corrective actions and reasonable performance targets to meet the standards. The recommendations shall be published on the Commission's public Web site and annually submitted to Congress and the Postal Service. (2) Postal service response.--Not later than 60 days after receiving any recommendations under paragraph (1), the Postmaster General shall respond in writing to the recommendations. The response shall explain how the Postal Service will change operations to achieve the recommendations. The response shall be published on the Commission's public Web site and annually submitted to Congress and the Commission.

Stop Postal Closures Act of 2016 This bill prohibits the U.S. Postal Service (USPS) from: (1) closing or consolidating any postal facility without the approval of the Postal Regulatory Commission, or (2) closing or consolidating any postal facility or carrying out any network rationalization activity until the Commission has certified that the USPS has met the national service standards that were in effect on July 1, 2012, and that are reinstated by this Act. For purposes of such prohibitions, "postal facility" means a USPS facility that is primarily involved in the preparation, dispatch, or other physical processing of mail but does not include: (1) any post office, station, or branch; or (2) any facility used only for administrative functions. Before making a determination to close or consolidate a postal facility, the USPS must conduct an area mail processing study, which includes: (1) a plan to reduce the capacity of the facility without closing it; and (2) an analysis of the effects of the closure or consolidation on the community, on small businesses, and on specified postal services to individuals. If the USPS makes a determination to close or consolidate a postal facility after completing such study, it shall: (1) provide specified notice to Congress, the Commission, the public, and each person in the zip code served by such facility; (2) conduct at least three meetings to receive public comments; and (3) publish a justification of such determination. The Commission shall have 90 days to approve or disapprove the closure or consolidation. The Commission shall determine annually if the USPS is meeting the national service standards for market-dominant products. If the Commission finds that the USPS is not meeting such standards, it may recommend corrective actions and reasonable performance targets. The Postmaster General shall respond within 60 days after receiving such recommendations on how the USPS will change operations to achieve them.

{"src": "billsum_train", "title": "Stop Postal Closures Act of 2016"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun-Free School Zones Act of 1995''. SEC. 2. PROHIBITION. Section 922(q) of title 18, United States Code, is amended to read as follows: ``(q)(1) The Congress finds and declares that-- ``(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem; ``(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs; ``(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Judiciary Committee of the House of Representatives and the Judiciary Committee of the Senate; ``(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce; ``(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason; ``(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country; ``(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States; ``(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves; even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and ``(I) Congress has power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation's schools by enactment of this subsection. ``(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone. ``(B) Subparagraph (A) shall not apply to the possession of a firearm-- ``(i) on private property not part of school grounds; ``(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; ``(iii) which is-- ``(I) not loaded; and ``(II) in a locked container, or a locked firearms rack which is on a motor vehicle; ``(iv) by an individual for use in a program approved by a school in the school zone; ``(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual; ``(vi) by a law enforcement officer acting in his or her official capacity; or ``(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities. ``(3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. ``(B) Subparagraph (A) shall not apply to the discharge of a firearm-- ``(i) on private property not part of school grounds; ``(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program; ``(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or ``(iv) by a law enforcement officer acting in his or her official capacity. ``(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.''.

Gun-Free School Zones Act of 1995 - Amends the Gun-Free School Zones Act of 1990 to prohibit possessing or, knowingly or with reckless disregard for the safety of another, discharging (or attempting to discharge) a firearm that has moved in or that otherwise affects interstate or foreign commerce (thus providing the jurisdictional basis for regulation under the interstate commerce clause of the Constitution) in a school zone.

{"src": "billsum_train", "title": "Gun-Free School Zones Act of 1995"}

SECTION 1. RURAL HEALTH-CARE CLINIC PROGRAM. (a) Program.--(1) Chapter 17 of title 38, United States Code, is amended by adding at the end of subchapter II the following new section: ``Sec. 1720E. Rural health-care clinics: pilot program ``(a) During the three-year period beginning on October 1, 1993, the Secretary shall conduct a rural health-care clinic program in States where significant numbers of veterans reside in areas geographically remote from existing health-care facilities (as determined by the Secretary). The Secretary shall conduct the program in accordance with this section. ``(b)(1) In carrying out the rural health-care clinic program, the Secretary shall furnish medical services to the veterans described in subsection (c) through use of-- ``(A) mobile health-care clinics equipped, operated, and maintained by personnel of the Department; and ``(B) other types of rural clinics, including part-time stationary clinics for which the Secretary contracts and part- time stationary clinics operated by personnel of the Department. ``(2) The Secretary shall furnish services under the rural health- care clinic program in areas-- ``(A) that are more than 100 miles from a Department general health-care facility; and ``(B) that are less than 100 miles from such a facility, if the Secretary determines that the furnishing of such services in such areas is appropriate. ``(c) A veteran eligible to receive medical services through rural health-care clinics under the program is any veteran eligible for medical services under section 1712 of this title. ``(d) The Secretary shall commence operation of at least three rural health-care clinics (at least one of which shall be a mobile health-care clinic) in each fiscal year of the program. The Secretary may not operate more than one mobile health-care clinic under the authority of this section in any State in any such fiscal year. ``(e) Not later than December 31, 1997, the Secretary shall submit to Congress a report containing an evaluation of the program. The report shall include the following: ``(1) A description of the program, including information with respect to-- ``(A) the number and type of rural health-care clinics operated under the program; ``(B) the States in which such clinics were operated; ``(C) the medical services furnished under the program, including a detailed specification of the cost of such services; ``(D) the veterans who were furnished services under the program, setting forth (i) the numbers and percentages of the veterans who had service-connected disabilities, (ii) of the veterans having such disabilities, the numbers and percentages who were furnished care for such disabilities, (iii) the ages of the veterans, (iv) taking into account the veterans' past use of Department health-care facilities, an analysis of the extent to which the veterans would have received medical services from the Department outside the program and the types of services they would have received, and (v) the financial circumstances of the veterans; and ``(E) the types of personnel who furnished services to veterans under the program, including any difficulties in the recruitment or retention of such personnel. ``(2) An assessment by the Secretary of the cost- effectiveness and efficiency of furnishing medical services to veterans through various types of rural clinics (including mobile health-care clinics operated under the pilot program conducted pursuant to section 113 of the Veterans' Benefits and Services Act of 1988 (Public Law 100-322; 38 U.S.C. 1712 note)). ``(3) Any plans for administrative action, and any recommendations for legislation, that the Secretary considers appropriate. ``(f) For the purposes of this section, the term `Department general health-care facility' has the meaning given such term in section 1712A(i)(2) of this title.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720D the following new item: ``1720E. Rural health-care clinics: pilot program.''. (b) Authorization of Appropriations.--(1) There is authorized to be appropriated to the Department of Veterans Affairs to carry out the rural health-care clinics program provided for in section 1720E of title 38, United States Code (as added by subsection (a)), the following: (A) For fiscal year 1994, $3,000,000. (B) For fiscal year 1995, $6,000,000. (C) For fiscal year 1996, $9,000,000. (2) Amounts appropriated pursuant to such authorization may not be used for any other purpose. (3) No funds may be expended to carry out the rural health-care clinics program provided for in such section 1720E (as so added) unless expressly provided for in an appropriations Act.

Directs the Secretary of Veterans Affairs, during the three-year period beginning on October 1, 1993, to conduct a rural health-care clinic program in States where significant numbers of veterans reside in areas geographically remote from existing health-care facilities of the Department of Veterans Affairs. Directs the Secretary to commence operation of at least three such clinics in each fiscal year of the program. Directs the Secretary to report to the Congress on an evaluation of the program. Authorizes appropriations.

{"src": "billsum_train", "title": "A bill to amend chapter 17 of title 38, United States Code, to establish a program of rural health-care clinics, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interest on Business Checking Act of 2003''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. (a) In General.--Section 2(a) of Public Law 93-100 (12 U.S.C. 1832(a)) is amended by inserting after paragraph (2) the following: ``(3) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account which is a deposit or account on which interest or dividends are paid and is not a deposit or account described in paragraph (2) to make not more than 24 transfers per month (or such greater number as the Board of Governors of the Federal Reserve System may determine by rule or order), for any purpose, to another account of the owner in the same institution. An account offered pursuant to this paragraph shall be considered a transaction account for purposes of section 19 of the Federal Reserve Act, unless the Board of Governors of the Federal Reserve System determines otherwise.''. (b) Conforming Amendments.-- (1) In general.--Section 2(a) of Public Law 93-100 (12 U.S.C. 1832(a)), as amended by subsection (a), is further amended-- (A) in paragraph (1), by striking ``but subject to paragraph (2)''; (B) by amending paragraph (2) to read as follows: ``(2) No provision of this section may be construed as conferring the authority to offer demand deposit accounts to any institution that is prohibited by law from offering demand deposit accounts.''; and (C) in paragraph (3), by striking ``and is not a deposit or account described in paragraph (2)''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on the date which is 2 years after the date of enactment of this Act. SEC. 3. AUTHORIZATION OF INTEREST-BEARING TRANSACTION ACCOUNTS. (a) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19(i) of the Federal Reserve Act (12 U.S.C. 371a) is repealed. (2) Home owners' loan act.--Section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is repealed. (b) Joint Rulemaking Required.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury and the Federal banking agencies shall issue joint final regulations authorizing the payment of interest and dividends on transaction accounts at depository institutions that are subject to regulation by those entities. (2) Contents.--Regulations required by this subsection shall-- (A) establish the scope of the authorization described in paragraph (1) and the types of transaction accounts to which that authorization shall apply; and (B) include any appropriate limitations, exceptions, or restrictions on that authorization, consistent with the purposes of this section. (3) Effective date of regulations.--The regulations required by this subsection shall take effect not later than 2 years after the date of enactment of this Act. (4) Definitions.--As used in this subsection-- (A) the terms ``depository institution'' and ``transaction account'' have the meanings given such terms in subparagraphs (A) and (C), respectively, of section 19(b)(1) of the Federal Reserve Act (12 U.S.C. 461(b)(1)); and (B) the term ``Federal banking agency'' has the meaning the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (c) Effective Date of Repeal.--The amendments made by subsection (a) shall become effective on the earlier of-- (1) 2 years after the date of enactment of this Act; or (2) the date on which final regulations required to be issued under subsection (b) become effective. SEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution may receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may promulgate regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(A), in a Federal reserve bank by any such entity on behalf of depository institutions. ``(C) Depository institution defined.--For purposes of this paragraph, the term `depository institution', in addition to any institution described in paragraph (1)(A), includes any trust company, corporation organized under section 25A or having an agreement with the Board under section 25, or any branch or agency of a foreign bank (as defined in section 1(b) of the International Banking Act of 1978).''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4), (A) by striking subparagraph (C); and (B) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(2)(A)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''. SEC. 6. TREATMENT OF CERTAIN ESCROW ACCOUNTS. (a) In General.--In the case of an escrow account maintained at a depository institution for the purpose of completing the settlement of a real estate transaction, activities described in subsection (b) shall not be treated as the payment or receipt of interest for purposes of this Act or any other provision of law relating to the payment of interest on accounts or deposits maintained at depository institutions, including such provisions in-- (1) Public Law 93-100; (2) the Federal Reserve Act; (3) the Home Owners' Loan Act; or (4) the Federal Deposit Insurance Act. (b) Exclusions.--For purposes of subsection (a), activities described in this paragraph are-- (1) the absorption, by the depository institution, of expenses incidental to providing a normal banking service with respect to an escrow account described in subsection (a); (2) the forbearance, by the depository institution, from charging a fee for providing any such banking function; and (3) any benefit which may accrue to the holder or the beneficiary of such escrow account as a result of an action of the depository institution described in paragraph (1) or (2) or a similar action.

Interest on Business Checking Act of 2003 - Amends Federal law to authorize interest-bearing transaction accounts for all businesses, permitting up to 24 transfers per month to another account of the owner in the same institution (or any greater number the Federal Reserve Board may determine). Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the proscription on the payment of interest on demand deposits. Requires a joint rulemaking by the Secretary of the Treasury and the Federal banking agencies authorizing the payment of interest and dividends on transaction accounts at depository institutions under their respective jurisdictions. Amends the Federal Reserve Act to authorize the payment of interest at least quarterly by a Federal reserve bank on reserves maintained there on behalf of a depository institution. Revises the ratio of reserves a depository institution must maintain against its transaction accounts, permitting a ratio of zero. States that where escrow accounts are maintained at a depository institution for completion of a real estate settlement transaction specified expense-taking or fee-waiving activities shall not be treated as the payment or receipt of interest for purposes relating to the payment of interest on accounts or deposits maintained at depository institutions.

{"src": "billsum_train", "title": "A bill to allow all businesses to make up to 24 transfers each month from interest-bearing transaction accounts to other transaction accounts, to require the payment of interest on reserves held for depository institutions at Federal reserve banks, to repeal the prohibition of interest on business accounts, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health and Safety Act of 1993''. SEC. 2. FINDINGS AND DECLARATIONS. The Congress finds and declares that-- (1) the number of privately held handguns has more than doubled--from 33,000,000 in 1973 to more than 70,000,000 today--in the past two decades alone, and the number of handguns in circulation continues to increase by 2,000,000 handguns each year; (2) handguns play a major role, disproportionate to their number in comparison with rifles and shotguns, in violent crime, intentional and accidental death, and intentional and accidental injury; (3) while the number of homicides committed with long guns has remained relatively stable, the number of handgun homicides has set new records every year since 1987, matching pace with the skyrocketing national homicide rate; (4) the number of handgun-related incidents in elementary and secondary schools has increased sharply, with significant numbers of schoolchildren in rural and urban areas reporting easy access to and frequent carrying to school of handguns; and the presence of handguns in school not only provokes worry among parents and children but also causes much needed school funds to be diverted for purchase of security equipment; (5) handgun violence places considerable strain on the national health care system and is a major contributor to its escalating costs, with at least $4,000,000,000 being spent annually on emergency care, hospitalization, follow-up care, rehabilitation, and medication; (6) handguns kept in the home are of less value than is commonly thought in defending against intruders, and they are far more likely to increase significantly the danger of a handgun fatality or injury to the inhabitants (including children) than to enhance their personal safety; (7) violent crime and injury committed with handguns constitute a burden upon and interfere with interstate and foreign commerce, and threaten the domestic tranquility of the Nation; and (8) current Federal firearms policy is wholly inadequate to counteract the social, economic, and financial costs exacted by handguns to our society. SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE. Chapter 44 of title 18, United States Code, is amended-- (1) by-- (A) redesignating the text of the chapter as subchapter A; (B) inserting after the chapter heading the following: ``Subchapter ``A. Firearms In General....................................... 921 ``B. Handguns.................................................. 941 ``SUBCHAPTER A--FIREARMS IN GENERAL''; and (C) striking ``this chapter'' each place it appears and inserting ``this subchapter''; and (2) by adding at the end the following new subchapter: ``SUBCHAPTER B--HANDGUNS ``Sec. ``941. Definitions. ``942. Unlawful acts. ``943. Licensing of handgun clubs. ``944. Registration of security guard services. ``945. Recordkeeping and reports; transfers to licensed handgun clubs. ``946. Voluntary delivery to law enforcement agency; reimbursement. ``947. Penalties. ``948. Regulations. ``949. Relation to other law. ``950. Severability. ``Sec. 941. Definitions ``(a) Terms Defined in Section 921.--Unless otherwise defined in subsection (b), a term used in this subchapter that is defined in section 921 has the meaning stated in that section. ``(b) Additional Terms.--As used in this subchapter: ```Handgun' means any firearm including a pistol or revolver that is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled. ```Handgun ammunition' means ammunition that is designed for use primarily in a handgun. ```Handgun club' means a club organized for bona fide target shooting with handguns. ```Licensed handgun club' means a hundgun club that is licensed under section 943. ```Registered security guard service' means a security guard service that is registered under section 944. ```Security guard service' means an entity that engages in the business of providing security guard services to the public. ``Sec. 942. Unlawful acts ``(a) Offense.--Except as provided in subsections (b) and (c), it is unlawful for a person to manufacture, import, export, sell, buy, transfer, receive, own, possess, transport, or use a handgun or handgun ammunition. ``(b) Exceptions.--Subsection (a) does not apply to-- ``(1) the Army, Navy, Air Force, Marine Corps, Coast Guard, and National Guard; ``(2) Federal, State, or local government agencies charged with law enforcement duties that require its officers to possess handguns; ``(3) registered security guard services; or ``(4) licensed handgun clubs and members of licensed handgun clubs. ``(c) Approved Transactions.--Pursuant to regulations issued by the Secretary, the Secretary may approve the manufacture, importation, sale, purchase, transfer, receipt, ownership, possession, transportation, and use of a handgun or handgun ammunition by licensed manufacturers, licensed importers, and licensed dealers as necessary to meet the lawful requirements of the persons and entities described in subsection (b). ``Sec. 943. Licensing of handgun clubs ``(a) Handgun Clubs.--Pursuant to regulations issued by the Secretary, the Secretary may issue a license to a handgun club if-- ``(1) no member of the handgun club is a person whose membership and participation in the club is in violation of State or local law; ``(2) no member of the handgun club is prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under section 922 (g) or (h); ``(3) no member of the handgun club has willfully violated this chapter or any regulations issued under this chapter; ``(4) the handgun club has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact in connection with its application; ``(5) the club has been founded and operated for bona fide target shooting; and ``(6) the handgun club-- ``(A) has permanent premises from which it operates; ``(B) maintains possession and control of the handguns used by its members; ``(C)(i) has procedures and has facilities on its premises for keeping such handguns in a secure place, under the control of a designated officer of the club; or ``(ii) has made arrangements for the storage of the members' handguns in a facility of the local police department or other law enforcement agency, at all times when they are not being used for target shooting; and ``(D) meets all operational, safety, security, training, and other requirements that the Secretary may prescribe by regulation. ``(b) Revocation.--The secretary shall revoke the license of a licensed handgun club that does not continue to meet the requirements of subsection (a). ``(c) License Fee.--A licensed handgun club shall pay to the Secretary an annual license fee of $25. ``Sec. 944. Registration of security guard services ``(a) Security Guard Services.--Under regulations issued by the Secretary, the Secretary may approve the registration of a security guard service if-- ``(1)(A) the security guard service has procedures and has facilities on its premises for keeping its handguns in a secure place, under the control of a designated officer of the security guard service; or ``(B) has made arrangements for the storage of its handguns in a facility of the local police department or other law enforcement agency, at all times when such handguns are not in use for legitimate business purposes; ``(2) the security guard service has obtained all necessary State and local licenses and meet all State and local requirements to engage in the business of providing security guard service; and ``(3) the security guard service meets all operational, safety, security, training, and other requirements that the Secretary may prescribe by regulation. ``(b) Revocation.--The Secretary shall revoke the registration of a registered security guard service that does not continue to meet the requirements of subsection (a). ``(c) Registration Fee.--A registered security guard service shall pay to the Secretary an annual registration fee of $50. ``Sec. 945. Recordkeeping and reports; transfers to licensed handgun clubs ``(a) Recordkeeping.--A licensed manufacturer, licensed importer, licensed dealer, licensed handgun club or member of a licensed handgun club, or registered security guard service that sells or otherwise transfers handguns or handgun ammunition shall-- ``(1) maintain records of sales, transfers, receipts, and other dispositions of handguns and handgun ammunition in such form as the Secretary may by regulation provide; and ``(2) permit the Secretary to enter the premises at reasonable times for the purpose of inspecting such records. ``(b) Reports of Loss or Theft.--(1) A licensed handgun club or registered security guard service shall report to the Secretary a loss or theft of any handgun in its possession or the possession of one of its members of employees not later than thirty days after the loss or theft is discovered. ``(2) A report made under subsection (a) shall include such information as the Secretary by regulation shall prescribe, including the date and place of theft or loss. ``(c) Transfers to Handgun Clubs.--A person that sells or otherwise transfers a handgun to a licensed handgun club or member of a licensed handgun club shall be shipped or otherwise delivered directly to the premises of the licensed handgun club where the handgun will be kept. ``Sec. 946. Voluntary delivery to law enforcement agency; reimbursement ``(a) Delivery.--A person may at any time voluntarily deliver to any Federal, State, or local law enforcement agency designated by the Secretary a handgun owned or possessed by the person. ``(b) Disposition.--The Secretary shall arrange with each agency designated to receive handguns for the transfer, destruction, or other disposition of handguns delivered under subsection (a). ``(c) Reimbursement.--The Secretary shall pay to a person who delivers a handgun under subsection (a) on or prior to the date that is one hundred eighty days after the date of enactment of this subchapter an amount equal to the greater of-- ``(1) $25; or ``(2) the fair market value of the gun as determined by the Secretary. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to make such payments under subsection (c). Sec. 947. Penalties (a) Violation of Section 942.--(1) Except as provided in paragraph (2), a person who violates section 942 shall be fined not more than $5,000, imprisoned not more than five years, or both. ``(2) A person who voluntarily delivers a handgun under section 946(a) after the date that is one hundred eighty days after the date of enactment of this subchapter shall not be subject to criminal prosecution for possession of the handgun under any Federal, State, or local law, but shall pay to the Secretary a civil penalty in an amount determined by the Secretary, not to exceed $500. ``(b) Failure to Report Loss or Theft.--A licensed handgun club or registered security guard service that fails to report a loss or theft of a handgun as required by section 945(b)-- ``(1) in the case of a negligent failure to report or a negligent failure to discover the loss or theft, shall pay to the Secretary a civil penalty in an amount determined by the Secretary, not to exceed $1,000; and ``(2) in the case of an intentional failure to report, shall be fined not more than $5,000, its officer designated under section 943(a)(6)(C)(i) or 944(a)(1)(A) imprisoned not more than five years, or both. ``(c) Failure to Deliver to Premises of Licensed Handgun Club.--A person that sells or otherwise transfers a handgun to a licensed handgun club or member of a licensed handgun club that causes the handgun to be shipped or otherwise delivered by any means or to any place other than directly to the premises of the licensed handgun club where the handgun will be kept, in violation of section 945(c)-- ``(1) in the case of a negligent delivery to an unauthorized place, shall pay to the Secretary a civil penalty in an amount determined by the Secretary, not to exceed $1,000; and ``(2) in the case of an intentional delivery to an unauthorized place, shall be fined not more than $5,000, imprisoned not more than five years, or both. ``(d) False Statement or Representation.--(1) A person who-- ``(A) makes a false statement or representation with respect to information required by this subchapter to be kept in the records of an importer, manufacturer, dealer, or handgun club licensed under this subchapter or security guard service registered under this subchapter; or ``(B) makes a false statement or representation in applying for a handgun club license or security guard service registration under this subchapter, shall be subject to penalty under paragraph (2). ``(2)(A) In the case of a negligent making of a false statement or representation described in paragraph (1), the person shall pay to the Secretary a civil penalty in an amount determined by the Secretary, not to exceed $1,000; and ``(B) in the case of an intentional making of a false statement or representation described in paragraph (1), the person shall be fined not more than $5,000, imprisoned not more than five years, or both. ``(e) Failure to Keep or Permit Inspection of Records.--A person who fails to keep or permit inspection of records in violation of section 945(a)-- ``(1) in the case of a negligent failure to maintain records, shall pay to the Secretary a civil penalty in an amount determined by the Secretary, not to exceed $1,000; and ``(2) in the case of an intentional failure to maintain records or any failure to permit inspection of records, shall be fined not more than $5,000, and its chief executive officer or other person responsible for the failure shall be imprisoned not more than five years, or both. ``(f) Forfeiture.--Any handgun or handgun ammunition involved or used in, or intended to be used in, a violation of this subchapter or any regulation issued under this subchapter, or any violation of any other criminal law of the United States, shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms shall, so far as applicable, extend to seizures and forfeitures under this subchapter. ``Sec. 948. Regulations ``The Secretary may prescribe such regulations as the Secretary deems necessary to carry out this subchapter. ``Sec. 949. Relation to other law ``The regulation of handguns under this subchapter is in addition to the regulation of handguns under subchapter A and any other Federal, State, or local law. ``Sec. 950. Severability ``If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the remainder of the subchapter and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected thereby.''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall be construed as modifying or affecting any provision of-- (1) the National Firearms Act (chapter 53 of the Internal Revenue Code of 1956); (2) section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934), relating to munitions control; or (3) section 1715 of title 18, United States Code, relating to nonmailable firearms. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Delayed Effective Date.--Sections 942 and 945 of title 18, United States Code, as added by section 3, shall take effect on the date that is one hundred and eighty days after the date of enactment of this Act. S 892 IS----2

Public Health and Safety Act of 1993 - Amends the Federal criminal code to prohibit the manufacture, import, export, sale, purchase, transfer, receipt, ownership, possession, transport, or use (manufacture) of a handgun or handgun ammunition. Makes exceptions with respect to the military, law enforcement agencies, registered security guard services, and licensed handgun clubs and members of such clubs. Authorizes the Secretary of the Treasury to approve such manufacture by licensed manufacturers, importers, and dealers as necessary to meet the lawful requirements of such persons and entities covered by the exceptions. Specifies handgun club licensing requirements. Requires: (1) the Secretary to revoke the license of any such club that does not continue to meet such requirements; and (2) such club to pay to the Secretary an annual license fee of $25. Specifies security guard service registration requirements. Requires: (1) the Secretary to revoke such registration if the service does not continue to meet such requirements; and (2) such service to pay to the Secretary an annual registration fee of $50. Sets forth provisions with respect to: (1) recordkeeping (by licensed manufacturers, importers, dealers, handgun clubs or their members and by registered security guard services that transfer handguns or handgun ammunition); (2) reports of loss or theft; and (3) transfers to handgun clubs. Authorizes the voluntary delivery to any designated Federal, State, or local law enforcement agency of a handgun owned or possessed by a person. Directs the Secretary to: (1) arrange with each such agency to receive handguns for the transfer, destruction, or other disposition of such handguns; and (2) pay to such person $25 or the fair market value of the gun. Authorizes appropriations. Sets penalties for violations of this Act. Specifies that a person who voluntarily delivers a handgun under this Act after 180 days after enactment shall not be subject to criminal prosecution for possession of the handgun, but shall pay to the Secretary a civil penalty in an amount not to exceed $500. Establishes penalties for: (1) failure to report the loss or theft of a handgun; (2) negligent and intentional deliveries to an unauthorized place; (3) false statements or representations; and (4) failure to keep, or permit inspection of, records. Provides for the forfeiture of any handgun or handgun ammunition involved or used in a violation of this Act or of any other criminal law of the United States.

{"src": "billsum_train", "title": "Public Health and Safety Act of 1993"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Broadcasters Protection Act of 1999''. SEC. 2. FINDINGS. The Congress finds that: (1) Since the creation of low-power television licenses by the Federal Communications Commission, a number of license holders have operated their stations in a manner beneficial to the public good providing broadcasting to their communities that would not otherwise be available. (2) These low-power broadcasters have operated their stations in a manner consistent with the programming objectives and hours of operation of full-power broadcasters providing worthwhile services to their respective communities while under severe license limitations compared to their full-power counterparts. (3) License limitations, particularly the temporary nature of the license, have blocked many low-power broadcasters from having access to capital, and have severely hampered their ability to continue to provide quality broadcasting, programming, or improvements. (4) The passage of the Telecommunications Act of 1996 has added to the uncertainty of the future status of these stations by the lack of specific provisions regarding the permanency of their licenses, or their treatment during the transition to high definition, digital television. (5) It is in the public interest to promote diversity in television programming formats by encouraging low power television stations that serve foreign language communities. These communities should not lose their access to foreign language programming as a result of the transition to digital television. SEC. 3. PRESERVATION OF LOW-POWER COMMUNITY TELEVISION BROADCASTING. (a) Section 336 of the Communications Act of 1934 (47 U.S.C. 336) is amended: (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: ``(f) Preservation of Low-Power Community Television Broadcasting.-- ``(1) Creation of class a licenses.--Within 120 days after the date of enactment of the Community Broadcasters Protection Act of 1999, the Commission shall prescribe regulations to establish a class A television license to be available to licensees of qualifying low-power television stations. Such license shall be subject to the same license terms, and renewal standards as the licenses for full-power television stations except as provided in this section, and each class A licensee shall be accorded primary status as a television broadcaster as long as the station continues to meet the requirements for a qualifying low-power station in paragraph (2). Within 30 days after the date of enactment of the Community Broadcasters Protection Act of 1999, the Commission shall send a notice to the licensees of all low-power television licenses that describes the requirements for Class A designation. Within 60 days after the date of enactment of the Community Broadcasters Protection Act of 1999, licensees intending to seek Class A designation shall submit to the Commission a certification of eligibility based on the qualification requirements of this Act. Absent a material deficiency, the Commission shall grant certification of eligibility to apply for Class A status. The Commission shall act to preserve the contours of low-power television licensees pending the final resolution of a Class A application. Under the requirements set forth in paragraph (2) (A) and (B) and paragraph (6) of this subsection, a licensee may submit an application for Class A designation under this paragraph only within 30 days after final regulations are adopted, except as provided for in paragraph (6)(A). The Commission shall, within 30 days after receipt of an application that is acceptable for filing, award such a Class A television station license to any licensee of a qualifying low- power television station. If, after granting certification of eligibility or a Class A license, unforeseen technical problems arise that require an engineering solution to a station's allotted parameters or channel assignment in the digital television Table of Allotments, the Commission may make such modifications as are necessary to ensure replication of the digital television applicant's service area as provided for in section 622 of the Commission's regulations (47 CFR 602). ``(2) Qualifying low-power television stations.--For purposes of this subsection, a station is a qualifying low- power television station if: ``(A) during the 90 days preceding the date of enactment of the Community Broadcasters Protection Act of 1999: ``(i) such station broadcast a minimum of 18 hours per day; ``(ii) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station, or the market area served by a group of commonly controlled stations that carry common local programming not otherwise available to their communities; and ``(iii) such station was in compliance with the Commission's requirements applicable to low-power television stations; and ``(B) from and after the date of its application for a Class A license, the station is in compliance with the Commission's operating rules for full power television stations; or ``(C) the Commission determines that the public interest, convenience, and necessity would be served by treating the station as a qualifying low-power television station for purposes of this section, or for other reasons determined by the Commission. ``(3) Common ownership.--No low-power television station that is authorized as of the date of enactment of the Community Broadcasters Protection Act of 1999 shall be disqualified for a class A license based on common ownership with any medium of mass communication. ``(4) Issuance of licenses for advanced television services to qualifying low-power television stations.--The Commission is not required to issue any additional licenses for advanced television services to the licensees of the class A television stations but shall accept such license applications proposing facilities that will not cause interference to any other broadcast facility authorized on the date of filing of the Class A advanced television applications. Such new license or the original license of the applicant shall be forfeited at the end of the digital television transition. Low-power television station licensees may, at the option of licensee, elect to convert to the provision of advanced television services on its analog channel, but shall not be required to convert to digital operation until the end of the digital television transition. ``(5) No preemption of section 337.--Nothing in this section preempts section 337 of this Act. ``(6) Interim qualification.-- ``(A) Stations operating within certain bandwidth.--The Commission may not grant a Class A license to a low power television station operating between 698 and 806 megahertz, but the Commission shall provide to low power television stations assigned to and temporarily operating in that bandwidth the opportunity to meet the qualification requirements for a Class A license. When such a qualified applicant for a Class A license is assigned a channel within the core spectrum, the Commission shall simultaneously issue a Class A license. ``(B) Certain channels off-limits.--The Commission may not grant a channel within the core spectrum under this subsection that includes any of the 175 additional channels referenced in paragraph 45 of its February 23, 1998, Memorandum Opinion and Order on Reconsideration of the Sixth Report and Order: MM Docket No. 87-268. Within 18 months after the date of enactment of the Community Broadcasters Protection Act of 1999, the Commission shall identify by channel, location, and applicable technical parameters those 175 channels. ``(7) No interference requirement.--The Commission may not grant a Class A license or approve a modification of a Class A license unless the applicant or licensee shows that the Class A station for which the license or modification is sought will not cause: ``(A) interference within the Grade B contour of any television station (as of the date of enactment of the Community Broadcasters Protection Act of 1999, or as proposed in a minor change application filed on or before such date) or the digital television service areas provided in the digital television Table of Allotments, or subsequently granted by the Commission prior to the filing of a Class A application; ``(B) interference within the protected contour of any low power television station or low power television translator station licensed, authorized by construction permit, or with a pending application submitted prior to the date on which the application for a Class A license, or for the modification of such a license, was filed; or ``(C) interference within the protected contour of 80 miles from the geographic center of the areas listed in section 22.625(b)(1) or 90.303 of the Commission's regulations (47 C.F.R. 22.625(b)(1) and 90.303) for frequencies in: ``(i) the 470-512 megahertz bank identified in section 22.621 or 90.303 of such regulations; or ``(ii) the 482-488 megahertz band in New York.''. (b) Section 614 of the Communications Act of 1934 (47 U.S.C. 533) is amended: ``(1) by inserting the following in subsection (h)(2)(F) after the first sentence: `A television broadcast station shall not lose its status as a qualified low power station because a full power television station is subsequently licensed to a community within the county or other equivalent political subdivision served by the cable system or because a full power television station subsequently begins to provide local news and information to the community.'.'' SEC. 4. COMPETITIVE BIDDING EXCEPTIONS. Section 309(j)(2) of the Communications Act of 1934 (47 U.S.C. 309(j)(2)) is amended: (1) by striking ``or'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(D) for low power television stations if at least one of the mutually exclusive applicants qualifies as a Class A licensee. Under such circumstances: ``(i) if only one of the mutually exclusive applicants qualifies as a Class A licensee, the Commission shall assign the license to that applicant; ``(ii) if more than one of the mutually exclusive applicants qualify as Class A licensees, the Commission shall assign the license to an applicant who serves an underserved area or population. An area or population is underserved if: ``(I) at least 25 percent of the area within the station's primary service contour does not receive primary service from more than two commercial television stations licensed under part 73 of title 47 of the Code of Federal Regulations; or ``(II) the station's programming is broadcast in a foreign language that is spoken by a significant proportion of population within the station's primary service contour; ``(iii) if more than one applicant primarily broadcasts programming to underserved areas or populations, or more than one applicant is a Class A licensee and no applicant primarily broadcasts programming to underserved areas or populations, then the Commission shall notify affected parties and provide them with no fewer than 60 days to develop an engineering solution so that the applications are not mutually exclusive. If the applicants do not reach an engineering solution to resolve mutual exclusivity, the Commission shall establish a bidding credit which encourages, to the extent possible, localism, diversity of programming, and programming for underserved communities.''.

Community Broadcasters Protection Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to prescribe regulations to establish a class A license for qualifying low-power television (LPT) stations. Requires notification of LPT licensees of the requirements for class A designation. Requires requesting licensees to submit to the FCC a certification of eligibility based on the requirements of this Act. Requires the FCC to: (1) grant such certification absent a material deficiency; and (2) act to preserve the contours of LPT stations pending final resolution of such applications. Allows an LPT station to submit an application for class A designation only within 30 days after final regulations are adopted. Defines as a qualifying LPT station one which, during the 90 days preceding the date of enactment of this Act: (1) broadcast for at least 18 hours per day; (2) broadcast an average of at least three hours per week of programming that was produced within the market area served by such station or the market area served by a group of commonly controlled stations that carry common local or specialized programming not otherwise available to their communities; and (3) complied with other requirements applicable to LPT stations and, after the date of its license application, complies with the FCC's operating rules for full power television stations. Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served. Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations; and (2) the FCC shall approve such license applications proposing facilities that will not cause interference to any other broadcast facility authorized on the date of the filing of the class A advanced television application. States that nothing in this Act shall preempt Federal provisions concerning the allocation and assignment of new public safety services licenses and commercial licenses. Prohibits the FCC from granting a class A license to an LPT station operating between 698 and 806 megahertz, but requires the FCC to provide to LPT stations assigned to and temporarily operating within such bandwidth the opportunity to meet the licensing requirements.

{"src": "billsum_train", "title": "Community Broadcasters Protection Act of 1999"}

SECTION 1. EXCISE TAX ON CERTAIN ACQUISITIONS OF INTERESTS IN INSURANCE CONTRACTS IN WHICH CERTAIN EXEMPT ORGANIZATIONS HOLD AN INTEREST. (a) Imposition of Tax.-- (1) In general.--Chapter 42 of the Internal Revenue Code of 1986 (relating to excise taxes involving private foundations and certain other tax-exempt organizations) is amended by adding at the end the following new subchapter: ``Subchapter F--Insurance Contracts in Which Certain Exempt Organizations Hold Interests ``Sec. 4965. Excise tax on acquisition of interests in insurance contracts in which certain exempt organizations hold an interest. ``SEC. 4965. EXCISE TAX ON ACQUISITION OF INTERESTS IN INSURANCE CONTRACTS IN WHICH CERTAIN EXEMPT ORGANIZATIONS HOLD AN INTEREST. ``(a) Imposition of Tax.--If there is a taxable acquisition of any interest in an applicable insurance contract, there is hereby imposed on the person acquiring the interest a tax equal to 100 percent of the acquisition costs of the interest. ``(b) Taxable Acquisition.--For purposes of this section-- ``(1) In general.--The term `taxable acquisition' means the acquisition of any direct or indirect interest in an applicable insurance contract by-- ``(A) an applicable exempt organization, or ``(B) a person other than an applicable exempt organization if such interest in the hands of such person is not an interest described in clause (i), (ii), or (iii) of paragraph (2)(B). ``(2) Applicable insurance contract.-- ``(A) In general.--The term `applicable insurance contract' means any life insurance, annuity, or endowment contract with respect to which both an applicable exempt organization and a person other than an applicable exempt organization have directly or indirectly held an interest in the contract (whether or not at the same time). ``(B) Exceptions.--Such term shall not include a life insurance, annuity, or endowment contract if-- ``(i) all persons directly or indirectly holding any interest in the contract (other than applicable exempt organizations) have an insurable interest in the insured under the contract independent of any interest of an applicable exempt organization in the contract, ``(ii) the sole interest in the contract of each person other than an applicable exempt organization is as a named beneficiary, or ``(iii) the sole interest in the contract of each person other than an applicable exempt organization is-- ``(I) as a beneficiary of a trust holding an interest in the contract, but only if the person's designation as such beneficiary was made without consideration and solely on a purely gratuitous basis, or ``(II) as a trustee who holds an interest in the contract in a fiduciary capacity solely for the benefit of applicable exempt organizations or persons otherwise described in clauses (i) and (ii) or subclause (I) of this clause. ``(3) Definition and rule relating to acquisition costs.-- ``(A) Acquisition costs defined.--The term `acquisition costs' means the direct or indirect costs of acquiring an interest in an applicable insurance contract. Such term shall include any fees, commissions, charges, or other amounts paid in connection with the acquisition, whether or not paid to the issuer of the contract. ``(B) Timing of payments.--Except as provided in regulations, if acquisition costs of any acquisition are paid or incurred in more than 1 calendar year, the tax imposed by subsection (a) with respect to the acquisition shall be imposed each time the costs are so paid or incurred. ``(4) Rules relating to interests.-- ``(A) In general.--An interest in the contract includes any right with respect to the contract, whether as an owner, beneficiary, or otherwise. ``(B) Indirect interest.--An indirect interest in a contract includes an interest in an entity which directly or indirectly holds an interest in the contract. ``(C) Exchanged contracts.--In the case of an exchange of an applicable insurance contract on which no gain or loss is recognized under section 1035, any interest in any of the contracts involved in the exchange shall be treated as an interest in all such contracts. ``(5) Increase in interest.--If a person increases an interest in an applicable insurance contract, the increase shall be treated as a separate acquisition for purposes of this section. ``(6) Prior acquisitions.--Except as provided in regulations, if a person acquires an interest in a contract before the contract is treated as an applicable insurance contract, the acquisition shall be treated as a taxable acquisition of an interest in an applicable insurance contract as of the date the contract becomes an applicable insurance contract. ``(c) Applicable Exempt Organization.--For purposes of this section, the term `applicable exempt organization' means-- ``(1) an organization described in section 170(c), ``(2) an organization described in section 168(h)(2)(A)(iv), or ``(3) an organization not described in paragraph (1) or (2) which is described in section 2055(a) or section 2522(a). ``(d) Tax Not Treated as Investment in the Contract.--For purposes of section 72, the tax imposed by this section shall not be included in investment in the contract. ``(e) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section. Such regulations may include regulations which-- ``(1) exempt certain contracts from treatment as applicable insurance contracts based on specific factors, including whether the transaction is at arms length, the relative economic benefits to applicable exempt organizations as compared to other persons, and the likelihood of abuse, ``(2) provide, for purposes of subsection (b)(6), appropriate rules for the application of this section in any case where an interest is acquired before a contract becomes an applicable insurance contract, ``(3) prevent, in cases the Secretary determines appropriate, the imposition of more than one tax under this section if the same interest is acquired more than once, and ``(4) are designed to prevent avoidance of the purposes of this section, including through the use of intermediaries.''. (2) Conforming amendment.--The table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: ``Subchapter F. Insurance contracts in which certain exempt organizations hold interests.''. (b) Reporting Requirements.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning transactions with other persons) is amended by adding at the end the following new section: ``SEC. 6050U. RETURNS RELATING TO APPLICABLE INSURANCE CONTRACTS IN WHICH CERTAIN EXEMPT ORGANIZATIONS HOLD INTERESTS. ``(a) Requirements of Reporting.-- ``(1) Exempt organizations.--Each-- ``(A) applicable exempt organization which acquires (within the meaning of section 4965) an interest in any applicable insurance contract, and ``(B) other person which so acquires such an interest which, in the hands of such person, is taxable under section 4965, shall make the return described in subsection (c). ``(2) Transfers.--If a person (including an applicable exempt organization) acquires an interest in an applicable insurance contract in an acquisition which is taxable under section 4965 and then transfers such interest to 1 or more other persons, each person acquiring all or a portion of such interest shall make the return described in subsection (c). ``(b) Time for Making Return.--Any organization or person required to make a return under subsection (a) shall file such return at such time as may be established by the Secretary with respect to-- ``(1) in the case of an organization described in subsection (a)(1), the calendar year in which the acquisition occurs, any calendar year in which acquisition costs are paid or incurred, and any other calendar years specified by the Secretary, and ``(2) in the case of a person described in subsection (a)(2), the calendar year in which the transfer occurs. ``(c) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary prescribes, ``(2) in the case of-- ``(A) a return required under subsection (a)(1)(A), contains the name, address, and taxpayer identification number of the applicable exempt organization, the issuer of the applicable insurance contract, and any person acquiring an interest in the contract which may be taxable under section 4965, ``(B) a return required under subsection (a)(1)(B), contains the name, address, and taxpayer identification number of the person acquiring an interest in the applicable insurance contract which is taxable under section 4965, any applicable exempt organization holding an interest in the contract, and the issuer of the contract, and ``(C) a return required under subsection (a)(2), contains the name, address, and taxpayer identification number of the transferor and transferee, and ``(3) contains such other information as the Secretary may prescribe. ``(d) Statements To Be Furnished to Persons With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each person whose taxpayer identification information is required to be included in such return under subsection (c) a written statement showing-- ``(1) the name and address of the person required to make such return and the telephone number of the information contact for such person, and ``(2) the taxpayer identity and other information required to be shown on the return with respect to such person. The written statement required under the preceding sentence shall be furnished on or before the date specified by the Secretary. ``(e) Definitions.--For purposes of this section, any term used in this section which is also used in section 4965 shall have the meaning given such term by section 4965.''. (2) Penalties.-- (A) In general.--Section 6724(d) of such Code is amended-- (i) in paragraph (1)(B), by redesignating clauses (xiii) through (xviii) as clauses (xiv) through (xix) and by inserting after clause (xii) the following new clause: ``(xiii) section 6050U (relating to returns relating to applicable insurance contracts in which certain exempt organizations hold interests),'', and (ii) in paragraph (3), by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) the statement required by subsection (d) of section 6050U (relating to returns relating to applicable insurance contracts in which certain exempt organizations hold interests).''. (B) Intentional disregard.--Section 6721(e)(2) of such Code is amended by striking ``or'' at the end of subparagraph (B), by striking ``and'' at the end of subparagraph (C) and inserting ``or'', and by adding at the end the following new subparagraph: ``(D) in the case of a return required to be filed under section 6050U, the amount of tax imposed under section 4965 which has not been paid with respect to items required to be included on the return, and''. (3) Conforming amendment.--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. 6050U. Returns relating to applicable insurance contracts in which certain exempt organizations hold interests.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to contracts issued after May 3, 2005. (2) Reporting of existing contracts.--In the case of any life insurance, annuity, or endowment contract-- (A) which was issued on or before May 3, 2005, (B) with respect to which an applicable exempt organization (as defined in section 4965 of the Internal Revenue Code of 1986, as added by this section) holds an interest on May 3, 2005, and (C) which would be treated as an applicable insurance contract (as so defined) if issued after May 3, 2005, such organization shall, not later than the date which is 1 year after the date of the enactment of this Act, report to the Secretary of the Treasury with respect to such contract. Such report shall be in such form and manner, and contain such information, as the Secretary may prescribe. The Secretary shall submit such reports, along with any recommendations for legislation as the Secretary considers appropriate, to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate within 6 months of the date such reports are required to be filed.

Amends the Internal Revenue Code to impose an excise tax on certain tax-exempt organizations or other nonexempt persons which acquire a direct or indirect interest in any life insurance, annuity, or endowment contract for 100 percent of the acquisition costs of such interest. Allows an exception from such tax for individuals with insurable interests, named beneficiaries, and trust beneficiaries. Requires tax-exempt organizations and other nonexempt persons which acquire a taxable interest in such insurance contracts to file certain informational returns.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to impose an excise tax on amounts received under certain insurance policies in which certain exempt organizations hold an interest."}

SECTION 1. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS. Chapter 5 of subtitle B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at the end the following: ``SEC. 260. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS. ``(a) Definitions.--In this section: ``(1) Covered packer.-- ``(A) In general.--The term `covered packer' means a packer that is required under this subtitle to report to the Secretary each reporting day information on the price and quantity of livestock purchased by the packer. ``(B) Exclusion.--The term `covered packer' does not include a packer that owns only 1 livestock processing plant. ``(2) Nonaffiliated producer.--The term `nonaffiliated producer' means a producer of livestock-- ``(A) that sells livestock to a packer; ``(B) that has less than 1 percent equity interest in the packer, which packer has less than 1 percent equity interest in the producer; ``(C) that has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer; ``(D) that has no fiduciary responsibility to the packer; and ``(E) in which the packer has no equity interest. ``(3) Spot market sale.-- ``(A) In general.--The term `spot market sale' means a purchase and sale of livestock by a packer from a producer-- ``(i) under an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into; ``(ii) under which the livestock are slaughtered not more than 7 days after the date on which the agreement is entered into; and ``(iii) under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into. ``(B) Reasonable competitive bidding opportunity.-- For the purposes of subparagraph (A)(iii), circumstances in which a reasonable competitive bidding opportunity shall be considered to exist if-- ``(i) no written or oral agreement precludes the producer from soliciting or receiving bids from other packers; and ``(ii) no circumstance, custom, or practice exists that-- ``(I) establishes the existence of an implied contract (as determined in accordance with the Uniform Commercial Code); and ``(II) precludes the producer from soliciting or receiving bids from other packers. ``(b) General Rule.--Of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) of the quantity through spot market sales from nonaffiliated producers. ``(c) Applicable Percentages.-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage shall be 25 percent. ``(2) Exceptions.--In the case of a covered packer that reported to the Secretary in the 2006 annual report that more than 75 percent of the livestock of the covered packer were captive supply livestock, the applicable percentage shall be the greater of-- ``(A) the difference between the percentage of captive supply so reported and 100 percent; and ``(B)(i) during each of calendar years 2008 and 2009, 10 percent; ``(ii) during each of calendar years 2010 and 2011, 15 percent; and ``(iii) during calendar year 2012 and each calendar year thereafter, 25 percent. ``(d) Nonpreemption.--Notwithstanding section 259, this section does not preempt any requirement of a State or political subdivision of a State that requires a covered packer to purchase on the spot market a greater percentage of the livestock purchased by the covered packer than is required under this section. ``(e) Relationship to Other Provisions.--Nothing in this section affects the interpretation of any other provision of this Act, including section 202.''.

Amends the Agricultural Marketing Act of 1946 to require that 25% of a covered packer's daily kill comes through spot market sales from nonaffiliated producers. Sets forth a different percentage through 2011 for covered packers who reported in the 2006 annual report that more than 75% of their livestock were captive supply livestock Defines "covered packer," "nonaffiliated producer," and "spot market sale."

{"src": "billsum_train", "title": "A bill to amend the Agricultural Marketing Act of 1946 to foster efficient markets and increase competition and transparency among packers that purchased livestock from producers."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Birmingham Civil Rights National Historical Park''. SEC. 2. FINDINGS. Congress finds the following: (1) The Birmingham Civil Rights District is an area of downtown Birmingham, Alabama, where significant events in the American Civil Rights Movement of the 1950s and 1960s took place. Many sites in this area are listed on the National Register of Historic Places, including the A.G. Gaston Motel, Kelley Ingram Park, 16th Street Baptist Church, Bethel Baptist Church, the 4th Avenue Historic District, and the Birmingham Civil Rights Institute. (2) In the 1960s, Birmingham was regarded as one of the most segregated cities in the South. Parks, pools, playgrounds, hotels, theaters, and elevators were segregated by race. Discrimination extended to public housing and employment. Despite some change in the early 1950s, segregation remained firmly in place and violence was frequently used to maintain the status quo. (3) From 1945 to 1963, Birmingham witnessed 60 bombings of African-American homes, businesses, and churches designed to intimidate Civil Rights advocates. The violence earned the City the nickname ``Bombingham''. In early 1963, Alabama Governor George Wallace declared, ``Segregation Now! Segregation tomorrow! Segregation Forever!''. (4) In the spring of 1963, Reverend Fred Shuttlesworth requested that the Southern Christian Leadership Conference (SCLC) make the City of Birmingham the epicenter for an ambitious new Civil Rights campaign. ``Project C'' (C for confrontation) was designed to eliminate segregation through mass protests, marches, and sit-ins. The A.G. Gaston Motel served as headquarters for Project C, and was home base for much of the SCLC leadership including Dr. King. (5) The A.G. Gaston Motel opened in 1954 and was regarded as a ``historic monument to black entrepreneurship'' in a time of racial segregation. The Motel was built and owned by Arthur George Gaston (1892-1996), a prominent African-American businessman, and is listed on the National Register of Historic Places. (6) The Project C campaign began on April 6, 1963, when police arrested 45 protestors who marched from the A.G. Gaston Motel to downtown Birmingham. One week later, during the Good Friday march, Dr. Martin Luther King, Jr., was arrested and jailed by Birmingham police. While in prison, Dr. King wrote his famous ``Letter from a Birmingham Jail''. He wrote the letter as a response to the ``Call to Unity'' statement from eight White Alabama clergymen who opposed segregation. They believed that the battle for equality should be fought in the courts, not by outsiders trying to stir up civil unrest. As a response, Dr. King wrote ``I am in Birmingham because injustice is here.''. (7) Phase two of Project C began in May of 1963 with a series of mass protests in which children played a leading role. On May 2, 1963, over 900 children were arrested by police, overwhelming the capacity of the City's jails. In response, Birmingham Commissioner of Public Safety Bull Connor ordered firefighters and police to prevent new waves of marchers from leaving Kelly Ingram Park. (8) On May 3, 1963, youth protestors in Kelly Ingram Park were violently dispersed by police dogs and powerful water cannons. Images of the brutal police response to peaceful protestors spread across the country, shocking the conscience of the Nation and the world. (9) Fearing civil unrest and unrepairable damage to the City's reputation, the Birmingham business community and local leaders agreed to release the peaceful protestors, integrate lunch counters, and begin to hire African-Americans. On May 10, 1963, the A.G. Gaston Motel served as the site to announce this compromise between local White leaders and civil rights advocates. The Motel was bombed later that day. (10) Amid continued racial tensions, on September 15, 1963, a bomb detonated at the 16th Street Baptist Church as children were entering the basement on their way to worship. Addie Mae Collins, Carole Robinson, and Cynthia Wesley, who were all 14, and Denise McNair, 11, were tragically killed. The explosion injured 22 others and left significant damage to the church. Dr. Martin Luther King, Jr., travelled to Birmingham to deliver the eulogy for the four little girls. This act of domestic terrorism shocked the conscience of the Nation and the world, and became a galvanizing force for the passage of historic Civil Rights Act of 1964. (11) Located just south of 16th Street Baptist Church is the 4th Avenue Historic District. The district was the center for Black-owned businesses, which served Black customers during the City's long period of enforced segregation. Specifically, the district was the home of one of the most well-known African-American owned radio stations in the state. Black radio stations and disc jockeys played a critical role in mobilizing support for the civil rights movement. DJs sent coded messages as to the whereabouts of police, roadblock locations, and rally information. (12) Also located in Birmingham is Bethel Baptist Church. Led by Reverend Fred Shuttlesworth, this church served as the headquarters for the Alabama Christian Movement for Human Rights from 1956 to 1961. It was also a place of refuge for displaced and injured members of the 1961 Freedom Ride, and was the target of multiple bombings in the 1950s and 1960s. Reverend Shuttlesworth's church, as well as many other Birmingham Churches such as the New Pilgrim Baptist Church, hosted mass meetings leading up to many of the civil rights marches throughout the City. The students and faculty of Miles College, a Historically Black College in the Birmingham area, supplemented the efforts of the local churches. Miles College was one of the few institutions of higher education open to African-Americans in the area, and produced many community leaders. (13) In 1992, decades after the Civil Rights Movement, the Birmingham Civil Rights Institute opened its doors. The Institute stands at the center of the Birmingham Civil Rights District, acting as a hub for children, students, adults, and scholars who come to learn about the American Civil Rights Movement. The 27,000-square-foot permanent gallery within the Institute was designed to bring visitors back to the 1950s when Birmingham was deeply segregated. The Institute serves more than 140,000 individuals each year, and encourages new generations to examine our country's civil rights history, as well as issues such as equality and justice. (14) The preservation, historic interpretation, and management of the Birmingham Civil Rights National Historical Park's important historical resources require the collaboration of Federal and municipal entities, as well as community organizations. SEC. 3. ESTABLISHMENT OF THE BIRMINGHAM CIVIL RIGHTS NATIONAL HISTORICAL PARK IN BIRMINGHAM, ALABAMA. (a) Establishment and Purpose.--There is hereby established Birmingham Civil Rights National Historical Park in Birmingham, Alabama, for the purposes of-- (1) preserving and interpreting for the benefit of present and future generations the significant civil rights history in the Birmingham Civil Rights National Historical Park; (2) coordinating preservation, catalyzing economic revitalization, and facilitating interpretive efforts by Federal, State, or local governmental entities, and/or private and nonprofit organizations; and (3) creating appropriate collaborative management to ensure the preservation and interpretation of the park's historical significance. (b) Boundaries.--The Park shall consist of those lands and interests in lands, including buildings, within the areas generally depicted as ``Bethel Baptist Church'' and ``Birmingham Civil Rights Historic District'' on the map entitled ``Civil Rights District'' and dated March 2, 2016. (c) Acquisition of Land.--The Secretary may acquire additional buildings, assets, and lands and interests in lands for addition to the park by donation, transfer, or exchange only. At no time shall the park consist of more than 11 acres. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the Park in accordance with this Act and laws generally applicable to units of the National Park System. Nothing in this Act shall modify any authority of the United States to carry out Federal laws on Federal land located within the Park. (b) Cooperative Agreement.--The Secretary may enter into cooperative agreements with Federal, State, City, or other public and non-profit institutions under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal properties within the Park and at sites in close proximity to the Park, including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices. (c) Management Plan.--Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary, in consultation with the City, shall complete a general management plan for the Park in accordance with applicable laws, including section 100502 of title 54, United States Code. SEC. 5. DEFINITIONS. For the purposes of this Act: (1) City.--The term ``City'' means the city of Birmingham, Alabama. (2) Park.--The term ``Park'' means the Birmingham Civil Rights National Historical Park. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Birmingham Civil Rights National Historical Park This bill establishes the Birmingham Civil Rights National Historical Park in Birmingham, Alabama, to: (1) preserve and interpret its civil rights history; and (2) coordinate its preservation, catalyze economic revitalization, and facilitate interpretive efforts by government, private, or nonprofit entities. The Department of the Interior shall administer the park. Interior must also complete a general management plan in consultation with the city of Birmingham.

{"src": "billsum_train", "title": "Birmingham Civil Rights National Historical Park"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sacramento Valley Water Storage and Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The State of California has recently experienced one of the driest periods on record, and in 2017 is experiencing one of the wettest years on record. New surface water storage infrastructure with the capacity to store water in wet years for use in dry periods is urgently needed. (2) The Sites Project (sometimes referred to as ``North of Delta Offstream Storage'') has been identified by the State of California and the Federal Government as an important component to integrated water management in the Sacramento Valley that would advance the co-equal objectives of improving water management and restoring ecological health for beneficial uses of the Sacramento-San Joaquin Delta and the Sacramento River watershed. Further, the Sites Reservoir was found in the CALFED Record of Decision to be the preferred location to provide North of Delta Offstream Storage and subsequent studies have shown the Sites Reservoir to be technically feasible. (3) Among other things, the Sites Project would-- (A) increase surface water storage to enhance water management flexibility in the Sacramento Valley; (B) improve the operation of the State's water system to provide improvements in ecosystem and water quality conditions in the Bay-Delta while providing a more reliable water supply for the State of California; (C) improve conditions for fish, waterfowl, and wildlife in the Sacramento Valley, including anadromous fish in the Sacramento River; (D) provide local flood control benefits; (E) integrate with renewable energy sources consistent with applicable Federal and State of California goals; (F) create both construction and long-term jobs to improve both the local and regional economies in the Sacramento Valley; and (G) provide additional recreational benefits. (4) The Sites Project has been shown to provide approximately 500,000 acre-feet of additional annualized yield that, when integrated into the operations of the State and Federal reservoirs upstream of the Bay-Delta, can improve the system-wide operational efficiency for both water supply reliability and the environment. (5) Healthy wetlands and wildlife refuges are of vital importance to wildlife in California and require a reliable supply of water and additional surface water storage can help meet water supply goals under the Central Valley Project Improvement Act. (6) It is in the interests of the United States for the Federal Government to work with the Sites Project Authority, which has been established under laws of the State of California as an independent joint exercise of powers authority to, among other things, study, promote, develop, design, finance, acquire, construct, manage, and operate Sites Reservoir and related facilities in order to advance the Sites Project in the most expeditious and cost-effective manner possible. SEC. 3. DEFINITIONS. In this Act: (1) Authority.--The term ``Authority'' means the Sites Project Authority that entered into a Joint Powers Agreement on August 26, 2010, for the purpose of advancing the Sites Project as a non-Federal facility. The current list of public agencies serving on the Authority's 12-member governing board include Colusa County Water District, Glenn-Colusa Irrigation District, Maxwell Irrigation District, Orland-Artois Water District, Placer County Water District/City of Roseville, Proberta Water District, Reclamation District 108, the Tehama-Colusa Canal Authority, Western Canal Water District, Westside Water District, the County of Glenn, the County of Colusa. In addition, agencies from the Bay Area, San Joaquin Valley, and Southern California are actively participating to advance the Sites Project. (2) Bureau.--The term ``Bureau'' means the Bureau of Reclamation. (3) Central valley project.--The term ``Central Valley Project'' means all Federal reclamation projects located within or diverting water from or to the watershed of the Sacramento and San Joaquin rivers and their tributaries as authorized by the Act of August 26, 1937 (50 Stat. 850), and all Acts amendatory or supplemental thereto, including-- (A) the Act of October 17, 1940 (54 Stat. 1198, 1199); (B) the Act of December 22, 1944 (58 Stat. 887); (C) the Act of October 14, 1949 (63 Stat. 852); (D) the Act of September 26, 1950 (64 Stat. 1036); (E) the Act of August 27, 1954 (68 Stat. 879); (F) the Act of August 12, 1955 (69 Stat. 719); (G) the Act of June 3, 1960 (74 Stat. 156); (H) the Act of October 23, 1962 (76 Stat. 1173); (I) the Act of September 2, 1965 (79 Stat. 615); (J) the Act of August 19, 1967 (81 Stat. 167); (K) the Act of August 27, 1967 (81 Stat. 173); (L) the Act of October 23, 1970 (84 Stat. 1097); (M) the Act of September 28, 1976 (90 Stat. 1324); and (N) the Act of October 27, 1986 (100 Stat. 3050). (4) Commissioner.--The term ``Commissioner'' means the Commissioner of the Bureau of Reclamation. (5) Repayment and water service contracts.--The terms ``repayment contract'' and ``water service contract'' have the same meaning given those terms in sections 9(d) and 9(e), respectively, of the Reclamation Project Act of 1939 (53 Stat. 1187, 1195). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Sites project.--The term ``Sites Project''-- (A) refers to the off-stream water storage project identified in the CALFED Record of Decision, dated 2000 Aug. 28; and (B) means the Sites Reservoir in Glenn and Colusa Counties, California, and related facilities, including associated water conveyance and hydropower generation and transmission facilities. (8) State.--The term ``State'' means the State of California. SEC. 4. FEASIBILITY STUDY AND ENVIRONMENTAL IMPACT STATEMENTS. (a) Completion of Final Feasibility Study.--The Secretary, acting through the Commissioner, shall-- (1) complete the final feasibility study described in clause (ii)(I) of section 103(d)(1)(A) of Public Law 108-361; and (2) submit that study to the appropriate committees of the House of Representatives and the Senate together with the joint environmental impact statement and environmental impact report required under subsection (d). (b) Evaluation of Non-Federal Project.--The feasibility study shall evaluate the development of the Sites Project as a non-Federal project whereby the Department of the Interior may be a participant in the locally preferred project in a manner that is consistent with the recommendations identified in the final feasibility study. (c) Locally Preferred Alternative.--If the Sites Project is developed as a non-Federal project and the Authority's locally preferred alternative be determined in the feasibility study to be the alternative producing the highest Regional Economic Development Account benefits, the locally preferred alternative shall be the preferred project. (d) Final Environmental Impact Statement and Environmental Impact Report.--No later than 16 months after the date that the California Water Commission establishes a Maximum Conditional Eligibility Determination for State participation in the Sites Project, as required before the Sites Project can be deemed to be consistent with and eligible for support from funds derived from the California Water Quality, Supply, and Infrastructure Improvement Act, approved by California voters on November 4, 2014, or November 30, 2019, whichever occurs later, the Secretary shall work with the Secretary of Commerce, the Army Corps of Engineers and the Environmental Protection Agency Administrator to coordinate the efforts of the relevant agencies and work with the State, the Authority, and other stakeholders to complete and issue the final joint environmental impact statement and environmental impact report on the Sites Project. (e) Requirements of Existing Law.--Nothing in the section affects the requirements of Federal law. SEC. 5. CONSTRUCTION. (a) Authorization of Construction.--Section 103(d)(1)(B) of the Calfed Bay-Delta Authorization Act (Public Law 108-361) is amended-- (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (2) by inserting after clause (i) the following: ``(ii) Construction authorization.--If the Secretary determines that the project described in subparagraph (A)(ii)(I) is feasible, the Secretary, in cooperation with the Authority, may participate in the design, planning, and construction of the Sites Project in a manner that is substantially in accordance with the recommended plan, subject to the conditions described in the feasibility study. ``(iii) Federal investment in a non-federal sites project.--The Secretary shall take such steps as are necessary to ensure that, in return for any Federal investment in a non- Federal Sites Project, a proportionate share of the project's public benefits are Federal benefits, including water supplies dedicated to specific purposes such as environmental enhancement and those purposes referred to in section 6(c) and 6(d) of the Sacramento Valley Water Storage and Restoration Act.''; and (3) in clause (iii), by striking ``the project'' and inserting ``a project described in subparagraph (A)(ii)(I)''. (b) Project Partnership Agreements.--At the request of the Authority, the Bureau shall enter into a project partnership agreement with the Authority for the Authority to provide full project management control for construction of the Sites Project, or a separable element of the project, in accordance with plans approved by the Secretary. (c) Detailed Project Schedule.--Not later than 180 days after entering into a Project Partnership agreement under subsection (b), the Authority, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule based on estimated funding levels that lists all deadlines for each milestone in the construction of the project. SEC. 6. NON-FEDERAL PROJECT. (a) In General.--Notwithstanding any other provision of this Act, if at any time the Commissioner determines and the Secretary concurs that the Sites Project can be expedited by the Authority as a non- Federal project, and that there is a demonstrable Federal interest for the Sites Project to be constructed and operated as a non-Federal project, the Commissioner shall take any and all actions possible to advance the Sites Project as a non-Federal project, including entering into cost-shared financial assistance agreements with the Authority to support the design, planning, and construction of the Sites Project as a non-Federal project. (b) Title; Operations and Maintenance.--The Authority shall hold title to all new facilities constructed under this section, and shall be solely responsible for the operation and maintenance costs of such facilities. (c) Coordinated Operations.--The Secretary shall execute and implement a long-term agreement between the United States and the Authority to provide for the coordination of operations of the Central Valley Project and the Sites Project to-- (1) satisfy any contracts or cooperative agreements entered into under subsection (d); (2) help meet any unmet needs for Sacramento Valley in- basin water uses; (3) help meet any unmet needs of existing Central Valley Project repayment and water service contracts; and (4) ensure that any surplus water supplies from the Sites Project are put to full and beneficial use. (d) Contracts and Cooperative Agreements.--The Secretary is authorized to enter into long-term contracts and cooperative agreements with the Authority to acquire water supplies made available from the Sites Project for the purposes of meeting the requirements under section 3406(b)(3) and section 3408(j) of the Central Valley Project Improvement Act (Public Law 102-575) and such other purposes as the Secretary may deem appropriate. SEC. 7. ENVIRONMENTAL REVIEW AND PERMITTING. With respect to the Sites Project, the Bureau shall-- (1) be the lead Federal agency for the purposes of all Federal reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to allow either the Bureau or the Authority to construct the Sites Project, including all requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other Federal law applicable to the construction of the Sites Project facilities by the Bureau or the Authority; and (2) take such steps as are necessary to ensure that all Federal reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to allow either the Bureau or the Authority to construct and operate the Sites Project are completed on an expeditious basis and use the shortest applicable process, and, to the maximum extent practicable, are completed not later than January 1, 2022, as required by the California Water Quality, Supply, and Infrastructure Improvement Act, approved by California voters on November 4, 2014, as a condition of State financial participation in a project deemed eligible for assistance under the aforementioned Act. SEC. 8. COMPLIANCE WITH ENVIRONMENTAL LAWS. Nothing in this Act modifies or alters any obligations or requirements under any Federal environmental law, including-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 9. SAVINGS CLAUSE. Nothing in this Act shall be construed to preempt any existing State law, including area of origin and other water rights protections.

Sacramento Valley Water Storage and Restoration Act This bill directs the Department of the Interior, acting through the Bureau of Reclamation, to: complete the final feasibility study authorized under the Water Supply, Reliability, and Environmental Improvement Act for the Sites Reservoir in Colusa County, California, which shall evaluate the development of the project as a non-federal project whereby Interior may be a participant in the locally preferred project;  work with the Department of Commerce, the Army Corps of Engineers, and the Environmental Protection Agency to coordinate the efforts of the relevant agencies and work with the state of California, the Sites Project Authority, and other stakeholders to complete and issue the final joint environmental impact statement and report on the project; submit such study and report to specified congressional committees; and take steps necessary to ensure that, in return for any federal investment in a non-federal Sites project, a proportionate share of the project's public benefits are federal benefits. The bill amends the Calfed Bay-Delta Authorization Act to: (1) authorize Interior to participate in construction of the project if Interior determines that the project is feasible; and (2) direct the Bureau, at the Authority's request, to enter into a partnership agreement for the Authority to provide full project management control for construction of the project or a separable element of the project. The bill directs: (1) the Bureau to advance the project as a non-federal project under specified circumstances, and (2) Interior to execute a long-term agreement with the Authority for the coordination of operations of the Sites project and the Central Valley Project. With respect to the Sites project, the Bureau shall: (1) be the lead federal agency for the purposes of all federal reviews, approvals, or decisions required under federal law to allow either the Bureau or the Authority to construct the project; and (2) take steps necessary to ensure that all such reviews, approvals, or decisions are completed on an expeditious basis by January 1, 2022.

{"src": "billsum_train", "title": "Sacramento Valley Water Storage and Restoration Act"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Dream Downpayment Act''. SEC. 2. DOWNPAYMENT ASSISTANCE INITIATIVE UNDER HOME PROGRAM. (a) Downpayment Assistance Initiative.--Subtitle E of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12821) is amended to read as follows: ``Subtitle E--Other Assistance ``SEC. 271. DOWNPAYMENT ASSISTANCE INITIATIVE. ``(a) Grant Authority.--The Secretary may make grants to participating jurisdictions to assist low-income families to achieve homeownership, in accordance with this section. ``(b) Eligible Activities.--Amounts made available under this section may be used only for downpayment assistance toward the purchase of single family housing by low-income families who are first-time homebuyers. For purposes of this title, the term `downpayment assistance' means assistance to help a family acquire a principal residence. ``(c) Housing Strategy.--To be eligible to receive a grant under this section for a fiscal year, a participating jurisdiction shall include in its comprehensive housing affordability strategy under section 105 for such year a description of the use of the grant amounts. ``(d) Formula Allocation.--For each fiscal year, the Secretary shall allocate any amounts made available for assistance under this section for the fiscal year in accordance with a formula, which shall be established by the Secretary, that considers a participating jurisdiction's need for and prior commitment to assistance to homebuyers. The formula may include minimum and maximum allocation amounts. ``(e) Reallocation.--If any amounts allocated to a participating jurisdiction under this section become available for reallocation, the amounts shall be reallocated to other participating jurisdictions in accordance with the formula established pursuant to subsection (c), except that if a local participating jurisdiction failed to receive amounts allocated under this section and is located in a State that is a participating jurisdiction, the funds shall be reallocated to the State. ``(f) Applicability of Other Provisions.-- ``(1) In general.--Except as otherwise provided in this section, grants under this section shall not be subject to the provisions of this title. ``(2) Applicable provisions.--In addition to the requirements of this section, grants under this section shall be subject to the provisions of title I, sections 215(b), 218, 219, 221, 223, 224, and 226(a) of subtitle A of this title, and subtitle F of this title. ``(3) References.--In applying the requirements of subtitle A referred to in paragraph (2)-- ``(A) any references to funds under subtitle A shall be considered to refer to amounts made available for assistance under this section; and ``(B) any references to funds allocated or reallocated under section 217 or 217(d) shall be considered to refer to amounts allocated or reallocated under subsection (d) or (e) of this section, respectively. ``(g) Administrative Costs.--Notwithstanding section 212(c), a participating jurisdiction may use funds under subtitle A for administrative and planning costs of the jurisdiction in carrying out this section, and the limitation in section 212(c) shall be based on the total amount of funds available under subtitle A and this section. ``(h) Funding.-- ``(1) Fiscal year 2002.--This section constitutes the subsequent legislation authorizing the Downpayment Assistance Initiative referred to in the item relating to the `HOME Investment Partnerships Program' in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2002 (Public Law 107- 73; 115 Stat. 666). ``(2) Subsequent fiscal years.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2003 through 2006.''. (b) Relocation Assistance and Downpayment Assistance.--Subtitle F of title II of the Cranston-Gonzalez National Affordable Housing Act is amended by inserting after section 290 (42 U.S.C. 12840) the following new section: ``SEC. 291. RELOCATION ASSISTANCE AND DOWNPAYMENT ASSISTANCE. ``The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 shall not apply to downpayment assistance under this title.''. SEC. 3. REAUTHORIZATION OF SHOP PROGRAM. Section 11(p) of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note) is amended by striking ``such sums as may be necessary for fiscal year 2001'' and inserting ``$65,000,000 for fiscal year 2003 and such sums as may be necessary for fiscal year 2004''. SEC. 4. REAUTHORIZATION OF HOPE VI PROGRAM. (a) Authorization of Appropriations.--Section 24(m)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)(1)) is amended by striking ``$600,000,000 for fiscal year 1999 and such sums as may be necessary for each of fiscal years 2000, 2001, and 2002'' and inserting ``$574,000,000 for fiscal year 2003''. (b) Sunset.--Section 24(n) of the United States Housing Act of 1937 (42 U.S.C. 1437v(n)) is amended by striking ``September 30, 2002'' and inserting ``September 30, 2003''.

American Dream Downpayment Act - Amends the Cranston-Gonzalez National Affordable Housing Act to: (1) authorize the Secretary of Housing and Urban Development to make grants to participating jurisdictions for downpayment assistance to low-income, first-time home buyers; and (2) make the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 inapplicable to such assistance.Amends the Housing Opportunity Program Extension Act of 1996 to authorize appropriations for the self-help housing provider program.Amends the United States Housing Act of 1937 to authorize appropriations for the public housing agency grant program for project demolition, revitalization, and replacement, and tenant-based assistance. Extends the program sunset date to September 30, 2003.

{"src": "billsum_train", "title": "To support certain housing proposals in the fiscal year 2003 budget for the Federal Government, including the downpayment assistance initiative under the HOME Investment Partnerships Act, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Corps 230th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) November 10, 2005, marks the 230th anniversary of the United States Marine Corps; (2) the United States Marine Corps has, over the course of its illustrious 230-year history, fought gallantly in defense of the United States; (3) the United States Marine Corps has, over the course of its storied history, established itself as the Nation's military leader in amphibious warfare, and will continue in that role as the United States faces the challenges of the 21st Century; (4) the United States Marine Corps continues to exemplify the warrior ethos that has made it a fighting force of international repute; (5) all Americans should commemorate the legacy of the United States Marine Corps so that the values embodied in the ``Corps'' are recognized for the significant contribution they have made in protecting the United States against its enemies; (6) in 2001, Congress authorized the construction of the Marine Corps Heritage Center, the purpose of which is to provide a multipurpose facility to be used for historical displays for the public viewing, curation, and storage of artifacts, research facilities, classrooms, offices, and associated activities, consistent with the mission of the Marine Corps; (7) the Marine Corps Heritage Center is scheduled to open on November 10, 2005; (8) the United States should pay tribute to the 230th anniversary of the United States Marine Corps by minting and issuing a commemorative silver dollar coin; and (9) the surcharge proceeds from the sale of a commemorative coin, which would have no net costs to the taxpayers, would raise valuable funding for the construction of the Marine Corps Heritage Center. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, 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. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act from all available sources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the warrior ethos of the United States Marine Corps. (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 ``2005''; 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 Marine Corps Historical Division and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2005. SEC. 7. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (b) 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) Surcharges.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (c) Bulk Sales.--The Secretary shall make bulk sales of coins issued under this Act at a reasonable discount. (d) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) should be at a reasonable discount. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) 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 promptly paid by the Secretary to the Marine Corps Heritage Foundation for the purposes of construction of the Marine Corps Heritage Center, as authorized by section 1 of Public Law 106-398 (114 Stat. 1654). (b) Audit.--The Marine Corps Heritage Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

Marine Corps 230th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 one dollar coins which shall be emblematic of the warrior ethos of the United States Marine Corps. Requires: (1) all coin sales to include a surcharge of $10 per coin; and (2) all surcharges to be paid to the Marine Corps Heritage Foundation for construction of the Marine Corps Heritage Center. Directs the Secretary to take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the U.S. Government. Prohibits a coin from being issued unless the Secretary has received: (1) full payment for the coin; (2) security to indemnify the United States for full payment; or (3) a guarantee of full payment from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

{"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the 230th Anniversary of the United States Marine Corps, and to support construction of the Marine Corps Heritage Center."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Heat Pump Development Act of 2007''. SEC. 2. ENERGY CREDIT FOR GEOTHERMAL HEAT PUMP SYSTEMS. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (iii), by inserting ``or'' at the end of clause (iv), and by adding at the end the following new clause: ``(v) equipment which uses the ground or ground water as a thermal energy source to heat a structure or as a thermal energy sink to cool a structure,''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 3. RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT FOR GEOTHERMAL HEAT PUMP SYSTEMS. (a) In General.--Subsection (a) of section 25D of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) 30 percent of the qualified geothermal heat pump property expenditures made by the taxpayer during the taxable year.''. (b) Qualified Geothermal Heat Pump Property Expenditures.-- Subsection (d) of section 25D of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified geothermal heat pump property expenditures.-- ``(A) In general.--The term `qualified geothermal heat pump property expenditures' means an expenditure for qualified geothermal heat pump property installed on or in connection with a dwelling unit located in the United States and used as a principal residence (within the meaning of section 121) by the taxpayer. ``(B) Qualified geothermal heat pump property.--The term `qualified geothermal heat pump property' means any equipment which-- ``(i) uses the ground or ground water as a thermal energy source to heat the dwelling unit referred to in subparagraph (A) or as a thermal energy sink to cool such dwelling unit, and ``(ii) meets the requirements of the Energy Star program which are in effect at the time that the expenditure for such equipment is made.''. (c) Maximum Credit Limitation.--Paragraph (1) of section 25D(b) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) $2,000 with respect to any qualified geothermal heat pump property expenditures.''. (d) Coordination With Credit for Nonbusiness Energy Property.-- Subsection (b) of section 25D of such Code is amended by adding at the end the following new paragraph: ``(3) Denial of double benefit for geothermal heat pumps.-- The credit allowed under subsection (a) (determined without regard to this paragraph and subsection (c)) with respect to any qualified geothermal heat pump property expenditures shall be reduced by the amount of any credit allowed under section 25C with respect to such expenditures.''. (e) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Section 25D(b) of such Code, as amended by subsection (c), is amended by adding at the end the following new paragraph: ``(3) Qualified geothermal heat pump property expenditure credit allowed against alternative minimum tax.--In the case of a taxable year to which section 26(b)(2) does not apply, the credit allowed under subsection (a)(4) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than subsection (a)(4)) and section 27 for the taxable year.''. (2) Conforming amendments.-- (A) Subsection (c) of section 25D of such Code is amended-- (i) by inserting ``paragraphs (1), (2), and (3) of'' before ``subsection (a)'' both places it appears in paragraph (2), and (ii) by adding at the end the following new paragraph: ``(3) Carryforward of unused qualified geothermal heat pump property expenditure credit.--In the case of a taxable year to which section 26(b)(2) does not apply, if the credit allowable under subsection (a)(4) for any taxable year exceeds the limitation imposed by subsection (b)(3) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a)(4) for such succeeding taxable year.''. (B) Section 23(b)(4)(B) of such Code is amended by inserting ``and section 25D(a)(4)'' after ``this section''. (C) Section 24(b)(3)(B) of such Code is amended by striking ``sections 23 and 25B'' and inserting ``sections 23, 25B, and 25D(a)(4)''. (D) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25D(a)(4)''. (f) Effective Date.--The amendments made by this section shall apply to expenditures made after the date of the enactment of this Act. SEC. 4. 3-YEAR ACCELERATED DEPRECIATION PERIOD FOR GEOTHERMAL HEAT PUMP SYSTEMS. (a) In General.--Subparagraph (A) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) any property which is described in clause (v) of section 48(a)(3)(A).''. (b) Conforming Amendment.--Subclause (I) of section 168(e)(3)(B)(vi) of such Code is amended by inserting ``clause (i), (ii), (iii), or (iv) of'' before ``subparagraph (A)''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Geothermal Heat Pump Development Act of 2007 - Amends the Internal Revenue Code to: (1) to include equipment that uses the ground or ground water as a thermal energy source or sink to heal or cool a structure (i.e., geothermal heat pump systems) as energy property for purposes of the energy tax credit; (2) allow a residential energy efficient property tax credit for 30% of qualified geothermal heat pump property expenditures; and (3) allow accelerated three-year depreciation of geothermal heat pump systems.

{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to make geothermal heat pump systems eligible for the energy credit and the residential energy efficient property credit, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Consent Decree Fairness Act''. SEC. 2. FINDINGS. Congress finds that: (1) Consent decrees are for remedying violations of rights, and they should not be used to advance any policy extraneous to the protection of those rights. (2) Consent decrees are also for protecting the party who faces injury and should not be expanded to apply to parties not involved in the litigation. (3) In structuring consent decrees, courts should take into account the interests of State and local governments in managing their own affairs. (4) Consent decrees should be structured to give due deference to the policy judgments of State and local officials as to how to obey the law. (5) Whenever possible, courts should not impose consent decrees that require technically complex and evolving policy choices, especially in the absence of judicially discoverable and manageable standards. (6) Consent decrees should not be unlimited, but should contain an explicit and realistic strategy for ending court supervision. SEC. 3. LIMITATION ON CONSENT DECREES. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Consent decrees ``(a) Definitions.--In this section: ``(1) The term `consent decree'-- ``(A) means any final order imposing injunctive relief against a State or local government or a State or local official sued in their official capacity entered by a court of the United States that is based in whole or part upon the consent or acquiescence of the parties; ``(B) does not include private settlements; and ``(C) does not include any final order entered by a court of the United States to implement a plan to end segregation of students or faculty on the basis of race, color, or national origin in elementary schools, secondary schools, or institutions of higher education. ``(2) The term `special master' means any person, regardless of title or description given by the court, who is appointed by a court of the United States under rule 53 of the Federal Rules of Civil Procedure, rule 48 of the Federal Rules of Appellate Procedure, or similar Federal law. ``(b) Limitation on Duration.-- ``(1) In general.--A State or local government or a State or local official, or their successor, sued in their official capacity may file a motion under this section with the court that entered a consent decree to modify or vacate the consent decree upon the earlier of-- ``(A) 4 years after a consent decree is originally entered by a court of the United States, regardless if the consent decree has been modified or reentered during that period; or ``(B) in the case of a civil action in which-- ``(i) a State is a party (including an action in which a local government is also a party), the expiration of the term of office of the highest elected State official who authorized the consent of the State in the consent decree; or ``(ii) a local government is a party and the State encompassing the local government is not a party, the expiration of the term of office of the highest elected local government official who authorized the consent of the local government to the consent decree. ``(2) Burden of proof.--With respect to any motion filed under paragraph (1), the burden of proof shall be on the party who originally filed the civil action to demonstrate that the continued enforcement of a consent decree is necessary to uphold a Federal right. ``(3) Ruling on motion.--Not later than 90 days after the filing of a motion under this subsection, the court shall rule on the motion. ``(4) Effect pending ruling.--If the court has not ruled on the motion to modify or vacate the consent decree during the 90-day period described under paragraph (3), the consent decree shall have no force or effect for the period beginning on the date following that 90-day period through the date on which the court enters a ruling on the motion. ``(c) Special Masters.-- ``(1) Compensation.--The compensation to be allowed to a special master overseeing any consent decree under this section shall be based on an hourly rate not greater than the hourly rate established under section 3006A of title 18, for payment of court-appointed counsel, plus costs reasonably incurred by the special master. ``(2) Termination.--In no event shall the appointment of a special master extend beyond the termination of the relief granted in the consent decree.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Consent decrees.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of enactment of this Act and apply to all consent decrees regardless of-- (1) the date on which the final order of a consent decree is entered; or (2) whether any relief has been obtained under a consent decree before the date of enactment of this Act.

Federal Consent Decree Fairness Act - Authorizes State or local governments and related officials sued in their official capacity to file a motion to modify or vacate a consent decree upon the earlier of: (1) four years after the consent decree is originally entered; or (2) in the case of a civil action in which a State is a party or in which a local government is a party and the surrounding State is not a party, the expiration of the term of office of the highest elected State or local government official authorizing the consent decree. Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that continued enforcement is necessary to uphold a Federal right. Nullifies consent decrees pending a ruling on a motion to modify or vacate if the court fails to rule on such motion within 90 days of filing. Addresses compensation and termination of special masters overseeing consent decrees. Makes this Act applicable to all consent decrees regardless of: (1) the date on which the final order of a consent decree is entered; or (2) whether any relief has been obtained before enactment.

{"src": "billsum_train", "title": "A bill to amend chapter 111 of title 28, United States Code, to limit the duration of Federal consent decrees to which State and local governments are a party, and for other purposes."}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Health Care Expansion Act of 1996''. SEC. 2. IMPROVED EFFICIENCY IN HEALTH CARE RESOURCE MANAGEMENT. (a) Repeal of Sunset Provision.--Section 204 of the Veterans Health Care Act of 1992 (Public Law 102-585; 106 Stat. 4950) is repealed. (b) Cost Recovery.--Title II of such Act is further amended by adding at the end the following new section: ``SEC. 207. AUTHORITY TO BILL HEALTH-PLAN CONTRACTS. ``(a) Right To Recover.--In the case of a primary beneficiary (as described in section 201(2)(B)) who has coverage under a health-plan contract, as defined in section 1729(i)(1)(A) of title 38, United States Code, and who is furnished care or services by a Department medical facility pursuant to this title, the United States shall have the right to recover or collect charges for such care or services from such health-plan contract to the extent that the beneficiary (or the provider of the care or services) would be eligible to receive payment for such care or services from such health-plan contract if the care or services had not been furnished by a department or agency of the United States. Any funds received from such health-plan contract shall be credited to funds that have been allotted to the facility that furnished the care or services. ``(b) Enforcement.--The right of the United States to recover under such a beneficiary's health-plan contract shall be enforceable in the same manner as that provided by subsections (a)(3), (b), (c)(1), (d), (f), (h), and (i) of section 1729 of title 38, United States Code.''. SEC. 3. SHARING AGREEMENTS FOR HEALTH CARE RESOURCES. (a) Repeal of Section 8151.--(1) Subchapter IV of chapter 81 of title 38, United States Code, is amended-- (A) by striking out section 8151; and (B) by redesignating sections 8152, 8153, 8154, 8155, 8156, 8157, and 8158 as sections 8151, 8152, 8153, 8154, 8155, 8156, and 8157, respectively. (2) The table of sections at the beginning of such chapter is amended-- (A) by striking out the item relating to section 8151; and (B) by revising the items relating to sections 8152, 8153, 8154, 8155, 8156, 8157, and 8158 to reflect the redesignations by paragraph (1)(B). (b) Revised Authority for Sharing Agreements.--Section 8152 of such title (as redesignated by subsection (a)(1)(B)) is amended-- (1) in subsection (a)(1)(A)-- (A) by striking out ``specialized medical resources'' and inserting in lieu thereof ``health-care resources''; and (B) by striking out ``other'' and all that follows through ``medical schools'' and inserting in lieu thereof ``any medical school, health-care provider, health-care plan, insurer, or other entity or individual''; (2) in subsection (a)(2) by striking out ``only'' and all that follows through ``are not'' and inserting in lieu thereof ``if such resources are not, or would not be,''; (3) in subsection (b), by striking out ``reciprocal reimbursement'' in the first sentence and all that follows through the period at the end of that sentence and inserting in lieu thereof ``payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government.''; (4) in subsection (d), by striking out ``preclude such payment, in accordance with--'' and all that follows through ``to such facility therefor'' and inserting in lieu thereof ``preclude such payment to such facility for such care or services''; (5) by redesignating subsection (e) as subsection (f); and (6) by inserting after subsection (d) the following new subsection (e): ``(e) The Secretary may make an arrangement that authorizes the furnishing of services by the Secretary under this section to individuals who are not veterans only if the Secretary determines-- ``(1) that such an arrangement will not result in the denial of, or a delay in providing access to, care to any veteran at that facility; and ``(2) that such an arrangement-- ``(A) is necessary to maintain an acceptable level and quality of service to veterans at that facility; or ``(B) will result in the improvement of services to eligible veterans at that facility.''. (c) Cross-Reference Amendments.--(1) Section 8110(c)(3)(A) of such title is amended by striking out ``8153'' and inserting in lieu thereof ``8152''. (2) Subsection (b) of section 8154 of such title (as redesignated by subsection (a)(1)(B)) is amended by striking out ``section 8154'' and inserting in lieu thereof ``section 8153''. (3) Section 8156 of such title (as redesignated by subsection (a)(1)(B)) is amended-- (A) in subsection (a), by striking out ``section 8153(a)'' and inserting in lieu thereof ``section 8152(a)''; and (B) in subsection (b)(3), by striking out ``section 8153'' and inserting in lieu thereof ``section 8152''. (4) Subsection (a) of section 8157 of such title (as redesignated by subsection (a)(1)(B)) is amended-- (A) in the matter preceding paragraph (1), by striking out ``section 8157'' and ``section 8153(a)'' and inserting in lieu thereof ``section 8156'' and ``section 8152(a)'', respectively; and (B) in paragraph (1), by striking out ``section 8157(b)(4)'' and inserting in lieu thereof ``section 8156(b)(4)''. SEC. 4. PERSONNEL FURNISHING SHARED RESOURCES. Section 712(b)(2) of title 38, United States Code, is amended-- (1) by striking out ``the sum of--'' and inserting in lieu thereof ``the sum of the following:''; (2) by capitalizing the first letter of the first word of each of subparagraphs (A) and (B); (3) by striking out ``; and'' at the end of subparagraph (A) and inserting in lieu thereof a period; and (4) by adding at the end the following: ``(C) The number of such positions in the Department during that fiscal year held by persons involved in providing health-care resources under section 8111 or 8152 of this title.''.

Department of Veterans Affairs Health Care Expansion Act of 1996 - Repeals a provision of the Veterans Health Care Act of 1992 which terminates the authority of the Secretary of Veterans Affairs (Secretary) to enter into an agreement with the Secretary of Defense for the sharing of health care. Entitles the United States to recover or collect from a private health care plan charges for care or services furnished by a Department of Veterans Affairs medical facility to a primary beneficiary of such plan to the extent that the beneficiary would be eligible under the plan to receive payment if the care or services had not been furnished by a U.S. department or agency. Repeals a statement of congressional purpose regarding the sharing of health care resources of the Department with certain other entities. Authorizes the Secretary to share all health care resources (currently, only specialized medical resources) with medical schools, health-care facilities and research centers (current law), as well as with any health-care provider or plan, insurer, or other entity or individual. Repeals a provision requiring reciprocal reimbursement of the cost of such shared resources, instead providing for payment to the Department under procedures which allow appropriate flexibility to negotiate a payment which is in the best interest of the Government. Authorizes the Secretary to enter into an arrangement that authorizes the furnishing of services to non-veterans only if the Secretary determines that such an arrangement: (1) will not result in the denial of or delay in the provision of care to any veteran at that facility; and (2) is necessary to maintain an acceptable level and quality of service to veterans and will result in the improvement of services to eligible veterans at that facility. Excludes from limitations on the number of full-time equivalent positions permitted in the Department those positions held by persons involved in providing health care resources under sharing arrangements.

{"src": "billsum_train", "title": "Department of Veterans Affairs Health Care Expansion Act of 1996"}

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elder Abuse Victims Act of 2011''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``abuse'', ``elder'', ``elder justice'', ``exploitation'', and ``neglect'' have the meanings given those terms in section 2011 of the Social Security Act (42 U.S.C. 1397j); (2) the term ``elder abuse'' includes neglect and exploitation; (3) the term ``Director'' means the Director of the Office appointed under section 3(b); (4) the term ``Office'' means the Office of Elder Justice established under section 3(a); (5) the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory of possession of the United States; and (6) the term ``task force'' means a multidisciplinary task force on elder justice established or designated under section 5(c)(1). SEC. 3. OFFICE OF ELDER JUSTICE. (a) In General.--There is established within the Department of Justice a office to be known as the Office of Elder Justice, which shall address issues relating to elder abuse. (b) Director.--The Office shall be headed by a Director who shall-- (1) be appointed by the President, by and with the advice and consent of the Senate, from among individuals with experience and expertise in elder abuse; and (2) serve as counsel to the Attorney General on elder justice and elder abuse. (c) Responsibilities.--The Director shall-- (1) create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in-- (A) investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of-- (i) physical, sexual, and psychological abuse of elders; (ii) exploitation of elders, including financial abuse and scams targeting elders; and (iii) neglect of elders; and (B) assessing, addressing, and mitigating the physical and psychological trauma to victims of elder abuse; (2) collect data and perform an evidence-based evaluation to-- (A) assure the efficacy of measures and methods intended to prevent, detect, respond to, or redress elder abuse; and (B) evaluate the number of victims of elder abuse in each State and the extent to which the needs of the victims are served by crime victim services, programs, and sources of funding; (3) publish a report, on an annual basis, that describes the results of the evaluations conducted under paragraphs (1) and (2), and submit the report to each Federal agency, each State, and the Committee on the Judiciary and the Special Committee on Aging of the Senate and the Committee on the Judiciary of the House of Representatives; (4) evaluate training models to determine best practices, create replication guides, create training materials, if necessary, for law enforcement officers, prosecutors, judges, emergency responders, individuals working in victim services, adult protective services, social services, and public safety, medical personnel, mental health personnel, financial services personnel, and any other individuals whose work may bring them in contact with elder abuse regarding how to-- (A) conduct investigations in elder abuse cases; (B) address evidentiary issues and other legal issues; and (C) appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases, including in administrative, civil, and criminal judicial proceedings; (5) conduct, and update on a regular basis, a study of laws and practices relating to elder abuse, neglect, and exploitation, including-- (A) a comprehensive description of State laws and practices; (B) an analysis of the effectiveness of State laws and practices, including-- (i) whether the State laws are enforced; and (ii) if enforced-- (I) how the State laws are enforced; and (II) how enforcement of the State laws has effected elder abuse within the State; (C) a review of State definitions of the terms ``abuse'', ``neglect'', and ``exploitation'' in the context of elder abuse cases; (D) a review of State laws that mandate reporting of elder abuse, including adult protective services laws, laws that require the reporting of nursing home deaths or suspicious deaths of elders to coroners or medical examiners, and other pertinent reporting laws, that analyzes-- (i) the impact and efficacy of the State laws; (ii) whether the State laws are enforced; (iii) the levels of compliance with the State laws; and (iv) the response to, and actions taken as a result of, reports made under the State laws; (E) a review of State evidentiary, procedural, sentencing, choice of remedies, and data retention issues relating to elder abuse, neglect, and exploitation; (F) a review of State fiduciary laws, including law relating to guardianship, conservatorship, and power of attorney; (G) a review of State laws that permit or encourage employees of depository institutions (as defined in section 3(c)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(1)) and State credit unions (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)) to prevent and report suspected elder abuse, neglect, and exploitation; (H) a review of State laws used in civil court proceedings to prevent and address elder abuse; (I) a review of State laws relating to fraud and related activities in connection with mail, telemarketing, the Internet, or health care; (J) a review of State laws that create programs, offices, entities, or other programs that address or respond to elder abuse; and (K) an analysis of any other State laws relating to elder abuse; and (6) carry out such other duties as the Attorney General determines necessary in connection with enhancing the understanding, prevention, detection, and response to elder abuse. SEC. 4. DATA COLLECTION. The Attorney General, in consultation with the Secretary of Health and Human Services, shall, on an annual basis-- (1) collect from Federal, State, and local law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse, including data relating to-- (A) the number of elder abuse cases referred to law enforcement agencies, adult protective services, or any other State entity tasked with addressing elder abuse; (B) the number and types of cases filed in Federal, State, and local courts; and (C) the outcomes of the cases described in subparagraphs (A) and (B) and the reasons for such outcomes; (2) identify common data points among Federal, State, and local law enforcement agencies and prosecutor offices that would allow for the collection of uniform national data; (3) publish a summary of the data collected under paragraphs (1) and (2); (4) identify-- (A) the types of data relevant to elder abuse that should be collected; and (B) what entity is most capable of collecting the data described in subparagraph (A); and (5) develop recommendations for collecting additional data relating to elder abuse. SEC. 5. ELDER VICTIMS GRANT PROGRAM. (a) In General.--The Director may make grants and provide technical assistance to not more than 15 States to assist the States in developing, establishing, and operating programs designed to improve-- (1) the response to cases of elder abuse in a manner that limits additional trauma to the elder victims; and (2) the investigation and prosecution of cases of elder abuse. (b) Eligibility.--A State is eligible to receive a grant under this section if the State-- (1) has a crime victims compensation program that meets the criteria described in section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)); and (2) is in compliance with subsection (c). (c) Establishment of Task Force.-- (1) In general.--In order to be eligible to receive a grant under this section, a State shall establish or, subject to paragraph (5), designate a multidisciplinary task force on elder justice that is composed of professionals with knowledge and experience relating to the criminal justice system and issues of elder abuse. (2) Membership requirement.--Except as provided in paragraph (6), a task force shall include-- (A) representatives from law enforcement agencies, such as police officers, sheriffs and deputy sheriffs, detectives, public safety officers, corrections officers, investigators and victims' service personnel; (B) a representative from the crime victim compensation program of the State; (C) judicial and legal officers, including individuals who work on cases of elder abuse; (D) elder justice and elder law advocates, including local agencies on aging and local public and private agencies and entities relating to elder abuse and other crimes against elders; (E) health and mental health professionals; (F) representatives from social services agencies in the State; (G) representatives from adult protective services; and (H) family members of victims of elder abuse. (3) Review and evaluation.--A task force shall-- (A) review and evaluate the investigative, administrative, and judicial responses to cases of elder abuse in the State; (B) make recommendations to the State based on the review and evaluation conducted under subparagraph (A), including recommendations relating to-- (i) modifying the investigative, administrative, and judicial response to cases of elder abuse, in a manner that-- (I) reduces the additional trauma to the elder victim; and (II) ensures procedural fairness to the individual accused of elder abuse; and (ii) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve the rate of successful prosecution or enhance the effectiveness of judicial and administrative action in elder abuse cases, and which ensure procedural fairness to the accused, including a determination of which programs are most effective; and (C) submit the recommendations described in subparagraph (B) to the Office. (4) Report.--Not later than 1 year after a State receives grant funds under this section, the State shall submit to the Director a report that includes-- (A) an evaluation of the effectiveness of the grant program; (B) a list of all laws of the State relating to elder abuse; and (C) any other information the Director may require. (5) Task force alternative.--If determined appropriate by the Director, a State may designate a commission or task force established by a State before January 1, 2011, with membership and functions comparable to those described in paragraphs (2) and (3), as a task force for the purposes of this subsection. (6) Task force membership waiver.--The Director may waive, in part, the task force membership requirements under paragraph (2) for a State that demonstrates a need for the waiver. (d) Use of Funds.--Grant funds awarded under this section may be used to support-- (1) State and local prosecutor offices and courts in elder abuse matters, including-- (A) hiring or paying salary and benefits for employees and establishing or implementing units designated to work on elder justice issues in State prosecutors' offices and State courts; and (B) hiring or paying salary and benefits for an employee to coordinate elder justice-related cases, training, technical assistance, and policy development for State and local prosecutors and courts; (2) State and local law enforcement agencies investigating cases of elder abuse; and (3) adult protective services. (e) Evaluation and Report.--Not later than 1 year after the date on which the Director makes available the final funds awarded under a grant under this section, the Director shall-- (1) evaluate the grant program established under this section; and (2) submit to the appropriate congressional committees a report on the evaluation conducted under paragraph (1), including recommendations on whether the grant program should be continued. SEC. 6. ELDER JUSTICE COORDINATING COUNCIL. Section 2021(b)(1)(B) of the Social Security Act (42 U.S.C. 1397k(b)(1)(B)) is amended by striking ``(or the Attorney General's designee)'' and inserting ``(or the Director of the Office of Elder Justice)''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2012 through 2014.

Elder Abuse Victims Act of 2011 - Establishes within the Department of Justice (DOJ) an Office of Elder Justice, which shall address issues relating to elder abuse. Requires the Director of such Office to: (1) provide information, training, and technical assistance to assist states and local governments in preventing, investigating, prosecuting, and mitigating the impact of elder abuse, exploitation, and neglect and in addressing the physical and psychological trauma to victims of such abuse; (2) evaluate the efficacy of measures intended to prevent, detect, respond to, or redress elder abuse and the extent to which the needs of the victims in each state are met by crime victim services, programs, and sources of funding; (3) evaluate training models to determine best practices for investigating elder abuse, addressing evidentiary and legal issues, and interacting with victims; and (4) conduct, and regularly update, a study of state laws and practices relating to elder abuse, neglect, and exploitation. Directs the Attorney General to annually: (1) collect from federal, state, and local law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse; (2) identify common data points among federal, state, and local law enforcement agencies and prosecutor offices that would allow for the collection of uniform national data; (3) publish a summary of the data collected; (4) identify the types of elder abuse data that should be collected and what entity is most capable of collecting it; and (5) develop recommendations for collecting additional data. Authorizes the Director to provide grants and technical assistance to assist not more than 15 states in establishing and operating programs designed to improve: (1) the response to elder abuse in a manner that limits additional trauma to victims, and (2) the investigation and prosecution of cases of elder abuse. Requires eligible states to: (1) have a qualified crime victims compensation program; and (2) establish or designate a multidisciplinary task force on elder justice. Amends the Social Security Act to include the Director as the alternate for the Attorney General as a member of the Elder Justice Coordinating Council.

{"src": "billsum_train", "title": "A bill to better protect, serve, and advance the rights of victims of elder abuse and exploitation by establishing a program to encourage States and other qualified entities to create jobs designed to hold offenders accountable, enhance the capacity of the justice system to investigate, pursue, and prosecute elder abuse cases, identify existing resources to leverage to the extent possible, and assure data collection, research, and evaluation to promote the efficacy and efficiency of the activities described in this Act."}