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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resource Efficient Appliance
Incentives Act''.
SEC. 2. TAX CREDIT FOR ENERGY EFFICIENT APPLIANCES.
(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. 45E. ENERGY EFFICIENT APPLIANCE CREDIT.
``(a) General Rule.--For purposes of section 38, the energy
efficient appliance credit determined under this section for the
taxable year is an amount equal to the applicable amount determined
under subsection (b) with respect to qualified energy efficient
appliances produced by the taxpayer during the calendar year ending
with or within the taxable year.
``(b) Applicable Amount.--For purposes of subsection (a), the
applicable amount determined under this subsection with respect to a
taxpayer is the sum of--
``(1) in the case of an energy efficient clothes washer
described in subsection (d)(2)(A) or an energy efficient
refrigerator described in subsection (d)(3)(B)(i), an amount
equal to--
``(A) $50, multiplied by
``(B) the number of such washers and refrigerators
produced by the taxpayer during such calendar year, and
``(2) in the case of an energy efficient clothes washer
described in subsection (d)(2)(B) or an energy efficient
refrigerator described in subsection (d)(3)(B)(ii), an amount
equal to--
``(A) $100, multiplied by
``(B) the number of such washers and refrigerators
produced by the taxpayer during such calendar year.
``(c) Limitation on Maximum Credit.--
``(1) In general.--The maximum amount of credit allowed
under subsection (a) with respect to a taxpayer for all taxable
years shall be--
``(A) $30,000,000 with respect to the credit
determined under subsection (b)(1), and
``(B) $30,000,000 with respect to the credit
determined under subsection (b)(2).
``(2) Limitation based on gross receipts.--The credit
allowed under subsection (a) with respect to a taxpayer for the
taxable year shall not exceed an amount equal to 2 percent of
the average annual gross receipts of the taxpayer for the 3
taxable years preceding the taxable year in which the credit is
determined.
``(3) Gross receipts.--For purposes of this subsection, the
rules of paragraphs (2) and (3) of section 448(c) shall apply.
``(d) Qualified Energy Efficient Appliance.--For purposes of this
section--
``(1) In general.--The term `qualified energy efficient
appliance' means--
``(A) an energy efficient clothes washer, or
``(B) an energy efficient refrigerator.
``(2) Energy efficient clothes washer.--The term `energy
efficient clothes washer' means a residential clothes washer,
including a residential style coin operated washer, which is
manufactured with--
``(A) a 1.26 Modified Energy Factor (referred to in
this paragraph as `MEF') (as determined by the
Secretary of Energy), or
``(B) a 1.42 MEF (as determined by the Secretary of
Energy) (1.5 MEF for calendar years beginning after
2004).
``(3) Energy efficient refrigerator.--The term `energy
efficient refrigerator' means an automatic defrost
refrigerator-freezer which--
``(A) has an internal volume of at least 16.5 cubic
feet, and
``(B) consumes--
``(i) 10 percent less kw/hr/yr than the
energy conservation standards promulgated by
the Department of Energy for such refrigerator
for 2001, or
``(ii) 15 percent less kw/hr/yr than such
energy conservation standards.
``(e) Special Rules.--
``(1) In general.--Rules similar to the rules of
subsections (c), (d), and (e) of section 52 shall apply for
purposes of this section.
``(2) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52 or
subsection (m) or (o) of section 414 shall be treated as one
person for purposes of subsection (a).
``(f) Verification.--The taxpayer shall submit such information or
certification as the Secretary, in consultation with the Secretary of
Energy, determines necessary to claim the credit amount under
subsection (a).
``(g) Termination.--This section shall not apply--
``(1) with respect to energy efficient refrigerators
described in subsection (d)(3)(B)(i) produced in calendar years
beginning after 2005, and
``(2) with respect to all other qualified energy efficient
appliances produced in calendar years beginning after 2007.''.
(b) Limitation on Carryback.--Section 39(d) of the Internal Revenue
Code of 1986 (relating to transition rules) is amended by adding at the
end the following new paragraph:
``(10) No carryback of energy efficient appliance credit
before effective date.--No portion of the unused business
credit for any taxable year which is attributable to the energy
efficient appliance credit determined under section 45E may be
carried to a taxable year ending before the date of the
enactment of section 45E.''.
(c) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended by
striking ``plus'' at the end of paragraph (12), by striking the period
at the end of paragraph (13) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(14) the energy efficient appliance credit determined
under section 45E(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45D the
following new item:
``Sec. 45E. Energy efficient appliance
credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Resource Efficient Appliance Incentives Act - Amends the Internal Revenue Code to establish a limited credit, for a limited time period, for producers of qualified energy efficient clothes washers and energy efficient refrigerators. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit against tax for energy efficient appliances."} | 1,426 | 48 | 0.560962 | 1.260074 | 0.352504 | 1.777778 | 35.527778 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Instructional Leadership Act of
2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) A school principal is expected to be an instructional
leader, meaning the principal must posses the knowledge and
instructional skills to guide teaching and learning in a
school.
(2) There is a clear intention within the amendments made
by the No Child Left Behind Act of 2001 to the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) that
principals become instructional leaders. Section 2113(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6613(c)) calls for principals to have--
(A) ``the instructional leadership skills to help
teachers teach and students learn'';
(B) and ``to help students meet challenging State
student academic achievement standards''.
(3) Despite this recognition of the importance of
instructional leadership, adequate attention and resources have
not been committed to training and supporting school
principals--
(A) in meeting the standards of instructional
leadership in States where such standards exist; and
(B) in developing such standards in States where
such standards do not exist.
(4) Licensure of school principals typically does not give
adequate emphasis to instructional leadership skills in the
certification process.
(5) The term ``highly qualified principal'' added by the No
Child Left Behind Act of 2001 to the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) should be
defined in such Act to include a strong emphasis on
instructional leadership.
SEC. 3. GRANTS FOR INSTRUCTIONAL LEADERSHIP.
(a) In General.--Title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.) is amended by redesignating part I
as part J and by inserting after part H the following new part:
``PART I--INSTRUCTIONAL LEADERSHIP
``SEC. 1851. COMPETITIVE GRANTS.
``(a) Grants To Develop Innovative Programs and Sites.--From the
amounts made available under subsection (h), the Secretary shall make
grants, on a competitive basis, to eligible entities to develop and
implement innovative programs and sites (such as leadership development
schools) to train school principals in instructional leadership skills,
including skills relating to--
``(1) effective instructional practices;
``(2) facilitating the development of a school vision;
``(3) providing on-going learning and professional
development opportunities for school staff, including teachers;
``(4) monitoring the alignment of curriculum, instruction,
and assessment;
``(5) improving instructional practices through the
purposeful observation and evaluation of teachers;
``(6) ensuring the regular integration of assessments
appropriate to the needs of students into daily classroom
instruction;
``(7) using technology and multiple sources of data to
improve classroom instruction;
``(8) providing staff with focused, sustained, research-
based professional development; and
``(9) engaging all community stakeholders in a shared
responsibility for student and school success.
``(b) Grants for Pilot Programs.--In addition to the grants made
under subsection (a), the Secretary shall make grants, on a competitive
basis, to State educational agencies, or to partnerships or consortia
that include State educational agencies, to develop and implement pilot
programs designed to evaluate and promote the incorporation of
standards of instructional leadership into State principal
certification or licensing requirements.
``(c) Duration.--A grant made under this section shall be awarded
for a period of 2 years, and may be renewed for a period of 2
additional years.
``(d) Application.--An eligible entity desiring a to receive 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.
``(e) Eligible Entity.--For purposes of this section, the term
`eligible entity' means--
``(1) a State educational agency;
``(2) a local educational agency;
``(3) a nonprofit organization (such as a State principal
association);
``(4) an institution of higher education; and
``(5) a partnership or consortium that includes at least 1
of the entities described in paragraphs (1) through (4).
``(f) Report.--A recipient of a grant under this section shall
submit to the Secretary a report describing the results of its
activities funded by such grant. Such report shall be submitted at such
time, in such manner, and containing such additional information as the
Secretary may require.
``(g) Revised Concept of Highly Qualified Principal.--
``(1) In general.--Based on the reports submitted pursuant
to subsection (f), the Secretary shall, by regulation,
establish a definition of `highly-qualified principal' that
emphasizes standards of instructional leadership.
``(2) Considerations.--In developing such a definition, the
Secretary shall give consideration to the need for principals
to--
``(A) demonstrate the knowledge, skills, and
attitudes needed to effectively lead teaching and
learning in schools;
``(B) engage in continuous professional
development, utilizing a combination of academic study,
developmental simulation exercises, self-reflection,
mentorship, and internship; and
``(C) demonstrate the capacity to lead the
establishment and maintenance of a professional
learning community that effectively uses real time
data, including State academic assessments described in
section 1111(b)(3), that inform instruction, focus
review, and target remediation for the purposes of
ensuring standards and course content mastery, and
personalized instruction for every student.
``(h) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $100,000,000 for fiscal year
2010 and such sums as may be necessary for each of the 5 succeeding
fiscal years.''.
(b) Clerical Amendment.--The table of contents for the Elementary
and Secondary Education Act of 1965 is amended by redesignating the
item relating to part I of title I as relating to part J and by
inserting before such item the following:
``Part I--Instructional Leadership''.
Sec. 1851. Competitive grants.
SEC. 4. ESTABLISHING STATE-OF-THE-ART PRINCIPAL INDUCTION PROGRAMS.
(a) In General.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end
the following:
``PART E--ESTABLISHING STATE-OF-THE-ART PRINCIPAL INDUCTION PROGRAMS
``SEC. 2501. COMPETITIVE GRANTS.
``(a) Grants.--From the amounts made available to carry out this
section, the Secretary may make grants, on a competitive basis, to
States and eligible local educational agencies for the purpose of
developing state-of-the-art principal induction programs.
``(b) Eligible Local Educational Agency.--In this section, the term
`eligible local educational agency' means--
``(1) a high-need local educational agency (as such term is
defined in section 2102(3)); or
``(2) a partnership of a high-need local educational
agency; and--
``(A) an institution of higher education;
``(B) a principal organization; or
``(C) any other nonprofit education organization.
``(c) Use of Funds.--A State or an eligible local educational
agency that receives a grant under subsection (a) shall use the funds
made available through the grant to develop a state-of-the-art
principal induction program that--
``(1) provides new principals a minimum of 3 years of
extensive, high-quality, comprehensive induction into the field
of school administration; and
``(2) includes--
``(A) structured mentoring from highly qualified
master or mentor principal who are certified, have
school administration experience in a school similar to
the school of the new principal, and are trained to
mentor new principals;
``(B) at least 90 minutes each week of common
meeting time for a new principal to administrative and
leadership tasks under the director of a master or
mentor principal;
``(C) regular observation by a master or mentor
principal in the new principal's school;
``(D) observation by the new principal of the
master or mentor principal's classroom;
``(E) intensive professional development activities
for new principals that result in improved
instructional leadership and student achievement,
including--
``(i) lesson demonstration by master and
mentor principals in the classroom;
``(ii) observation by such master and
mentor principals; and
``(iii) feedback by such master and mentor
principals;
``(F) observation by new principals of at least 3
principals and feedback (that uses research-validated
benchmarks of leadership skills and standards that are
developed with input from principals) at least 4 times
each school year by multiple evaluators, including
master and mentor principals;
``(G) paid release time for the mentor principal
for mentoring, or salary supplements under section 2502
for mentoring new principals at a ratio of one full-
time mentor to every 12 new principals;
``(H) a transition year for new principals to the
school that includes a reduced workload for such
principals; and
``(I) a standards-based assessment, which may
include examination of practice and a measure of gains
in student learning, of every new principal to
determine whether the principal should move forward in
the school administration profession.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
(b) Clerical Amendment.--The table of contents for the Elementary
and Secondary Education Act of 1965 is amended by inserting after the
item relating to section 2441 the following:
``Part E--Establishing State-of-the-Art Principal Induction Programs''.
Sec. 2501. Competitive grants. | Instructional Leadership Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to states, local educational agencies (LEAs), nonprofit organizations, institutions of higher education, or partnerships or consortia which include at least one of those entities to develop and implement innovative programs and sites (such as leadership development schools) to train school principals in instructional leadership skills.
Requires the Secretary to award additional competitive grants to states or partnerships or consortia which include states for pilot programs that evaluate and promote the incorporation of instructional leadership standards into state principal certification or licensure.
Directs the Secretary to establish a definition of "highly-qualified principal" that is based on reports from this Act's grantees and emphasizes instructional leadership standards.
Requires the Secretary to award competitive grants to states and high-need LEAs or partnerships between such LEAs and certain educational entities to develop state-of-the-art principal induction programs that provide new principals a minimum of three years of extensive, high-quality, comprehensive induction into the field of school administration. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to authorize competitive grants to train school principals in instructional leadership skills and to promote the incorporation of standards of instructional leadership into State-level principal certification or licensure."} | 2,255 | 246 | 0.618633 | 1.68848 | 0.934082 | 3.717703 | 10.095694 | 0.894737 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Congressional
Hunger Fellows Act of 1997''.
(b) Findings.--The Congress finds as follows:
(1) There is a critical need for compassionate individuals
who are committed to assisting people who suffer from hunger as
well as a need for such individuals to initiate and administer
solutions to the hunger problem.
(2) Bill Emerson, the distinguished late Representative
from the 8th District of Missouri, demonstrated his commitment
to solving the problem of hunger in a bipartisan manner, his
commitment to public service, and his great affection for the
institution and the ideals of the United States Congress.
(3) George T. (Mickey) Leland, the distinguished late
Representative from the 18th District of Texas, demonstrated
his compassion for those in need, his high regard for public
service, and his lively exercise of political talents.
(4) The special concern that Mr. Emerson and Mr. Leland
demonstrated during their lives for the hungry and poor was an
inspiration for others to work toward the goals of equality and
justice for all.
(5) These two outstanding leaders maintained a special bond
of friendship regardless of political affiliation and worked
together to encourage future leaders to recognize and provide
service to others, and therefore it is especially appropriate
to honor the memory of Mr. Emerson and Mr. Leland by creating a
fellowship program to develop and train the future leaders of
the United States to pursue careers in humanitarian service.
SEC. 2. ESTABLISHMENT; BOARD OF TRUSTEES.
(a) In General.--There is established as an independent entity of
the executive branch of the United States Government, the Congressional
Hunger Fellows Program (hereinafter in this Act referred to as the
``Program'').
(b) Board of Trustees.--The Program shall be subject to the
supervision and direction of a Board of Trustees.
(1) Appointment.--The Board shall be composed of 7 voting
members appointed under subparagraph (A) and 1 nonvoting ex
officio member designated in subparagraph (B) as follows:
(A) Voting members.--(i) The President in
consultation with the Speaker of the House of
Representatives and the minority leader, shall appoint
4 members.
(ii) The President in consultation with the
majority leader and the minority leader of the Senate
shall appoint 2 members.
(iii) The President in consultation with the
Secretary of Agriculture shall appoint 1 member.
(B) Nonvoting member.--The Executive Director of
the Program shall serve as a nonvoting ex officio
member.
(2) Terms.--Members of the Board shall serve a term of 4
years.
(3) Vacancy.--
(A) Authority of board.--A vacancy in the
membership of the Board does not affect the power of
the remaining members to carry out this Act.
(B) Appointment of successors.--A vacancy in the
membership of the Board shall be filled in the manner
in which the original appointment was made.
(C) Incomplete term.--If a member of the Board does
not serve the full term applicable to the member, the
individual appointed to fill the resulting vacancy
shall be appointed for the remainder of the term of the
predecessor of the individual.
(4) Chairperson.--As the first order of business of the
first meeting of the Board, the members shall elect a
Chairperson.
(5) Compensation.--
(A) In general.--Subject to subparagraph (B),
members of the Board may not receive compensation for
service on the Board.
(B) Travel.--Members of the Board may be reimbursed
for travel, subsistence, and other necessary expenses
incurred in carrying out the duties of the Program.
SEC. 3. PURPOSES; AUTHORITY OF PROGRAM.
(a) Purposes.--The purposes of the Program are--
(1) to encourage future leaders of the United States--
(A) to pursue careers in humanitarian service;
(B) to recognize the needs of people who are hungry
and poor; and
(C) to provide assistance and compassion for those
in need;
(2) to increase awareness of the importance of public
service; and
(3) to provide training and development opportunities for
such leaders.
(b) Authority.--The Program is authorized to develop such
fellowships, activities, and services to carry out the purposes of this
Act, including the fellowships described in subsection (c).
(c) Fellowships.--
(1) In general.--The Program shall establish and develop
the following fellowships:
(A) The Bill Emerson Hunger Fellowship shall
address domestic hunger and other humanitarian needs.
(B) The Mickey Leland Hunger Fellowship shall
address international hunger and other humanitarian
needs.
(2) Curriculum.--The fellowships established under
paragraph (1) shall provide education and training to develop
the skills and understanding of the fellows necessary to
improve the humanitarian conditions and the lives of
individuals who suffer from hunger, including--
(A) training in direct service to the hungry in
conjunction with community based organizations through
a program of field placement; and
(B) experience in policy development through
placement in a governmental entity or nonprofit
organization.
(3) Evaluation.--The Program shall from time to time
conduct an evaluation of the fellowships under this Act.
SEC. 4. TERMS OF FELLOWSHIPS.
(a) Period of Fellowship.--An applicant selected under subsection
(b) shall be awarded a fellowship for a period not to exceed 12 months.
(b) Selection of Fellows.--
(1) In general.--A fellowship shall be awarded pursuant to
a nationwide competition established by the Executive Director
with the approval of a majority of the Board. The Executive
Director shall establish the procedure for the competition
process.
(2) Qualification.--A successful applicant shall be an
individual who has demonstrated--
(A) a desire to pursue a career in humanitarian
service; and
(B) outstanding potential for such a career.
(3) Amount of award.--The Board shall determine the amount
of an educational award and living allowance that a successful
applicant will receive under a fellowship.
(4) Recognition of fellowship receipt.--
(A) A recipient of a fellowship from the Bill
Emerson Hunger Fellowship shall be known as an
``Emerson Fellow''.
(B) A recipient of a fellowship from the Mickey
Leland Hunger Fellowship shall be known as a ``Leland
Fellow''.
SEC. 5. TRUST FUND.
(a) Establishment.--There is established the Congressional Hunger
Fellows Trust Fund (hereinafter in this Act referred to as the
``Fund'') in the Treasury of the United States, consisting of amounts
appropriated to the Fund under section 8(a), amounts credited to it
under subsection (c), and amounts received under section 7(c)(2).
(b) Investment of Funds.--The Secretary of the Treasury shall
invest the full amount of the Fund. Each investment shall be made in an
interest bearing obligation of the United States or an obligation
guaranteed as to principal and interest by the United States that, as
determined by the Secretary in consultation with the Board, has a
maturity suitable for the Fund.
(c) Return on Investment.--Except as provided in section 6(a), the
Secretary of the Treasury shall credit to the Fund the interest on, and
the proceeds from sale or redemption of, obligations held in the Fund.
SEC. 6. EXPENDITURES; AUDIT.
(a) In General.--The Secretary of the Treasury shall transfer to
the Program from the amounts described in section 5(c) and section
7(c)(2) such sums as the Board determines are necessary to enable the
Program to carry out the provisions of this Act.
(b) Limitation.--The Secretary may not transfer to the Program the
amounts appropriated to the Fund under section 8(a).
(c) Audit by GAO.--
(1) In general.--The Comptroller General of the United
States shall conduct an annual audit of the accounts of the
Program.
(2) Books.--The Program shall make available to the
Comptroller General all books, accounts, financial records,
reports, files, and all other papers, things, or property
belonging to or in use by the Program and necessary to
facilitate such audit.
(3) Report to congress.--The Comptroller General shall
submit a copy of the results of each such audit to the
Congress.
SEC. 7. STAFF; POWERS OF PROGRAM.
(a) Executive Director.--
(1) In general.--The Board shall appoint an Executive
Director of the Program who shall be a nonvoting member of the
Board and who shall administer the Program. The Executive
Director shall carry out such other functions consistent with
the provisions of this Act as the Board shall prescribe.
(2) Restriction.--The Executive Director may not serve as
Chairperson of the Board.
(3) Compensation.--The Executive Director shall be paid at
a rate not to exceed the rate of basic pay payable for level
GS-15 of the General Schedule.
(b) Staff.--
(1) In general.--With the approval of a majority of the
Board, the Executive Director may appoint and fix the pay of
additional personnel as the Executive Director considers
necessary and appropriate to carry out the functions of the
provisions of this Act.
(2) Compensation.--An individual appointed under paragraph
(1) shall be paid at a rate not to exceed the rate of basic pay
payable for level GS-15 of the General Schedule.
(c) Powers.--In order to carry out the provisions of this Act, the
Program may perform the following functions:
(1) Gifts.--The Program 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 Program. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts,
bequests, or devises shall be deposited in the Fund and shall
be available for disbursement upon order of the Board.
(2) Experts and consultants.--The Program may procure
temporary and intermittent services under section 3109 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 payable for GS-15 of the General Schedule.
(3) Contract authority.--The Program may contract with and
compensate government and private agencies or persons without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
(4) Other necessary expenditures.--The Program shall make
such other expenditures which the Program considers necessary
to carry out the provisions of this Act.
SEC. 8. TRANSFER OF FUNDS; REPORT.
(a) Transfer of Funds.--The Secretary of Agriculture shall transfer
$20,000,000 from the surplus funds available under section 32 of the
Act of August 24, 1935 (7 U.S.C. 612c).
(b) Report.--Not later than December 31 of each year, the Board
shall submit to Secretary of Agriculture and to Congress a report on
the activities of the Program carried out during the previous fiscal
year. | Congressional Hunger Fellows Act of 1997 - Establishes as an independent entity within the executive branch the Congressional Hunger Fellows Program to establish fellowships to develop and train individuals for careers in humanitarian service. Establishes a Board of Trustees to supervise and direct the Program.
Limits fellowship periods to 12 months.
Establishes the Congressional Hunger Fellows Trust Fund for the deposit and receipt of Program funds. Requires an annual audit of Program accounts.
Requires the Board to appoint a Program Executive Director.
Directs the Secretary of Agriculture to transfer to the Program a specified amount of the surplus funds available for encouraging exportation and domestic consumption of agricultural products.
Requires the Board to report annually to the Secretary and the Congress on Program activities. | {"src": "billsum_train", "title": "Congressional Hunger Fellows Act of 1997"} | 2,449 | 166 | 0.491145 | 1.494119 | 0.925862 | 2.014388 | 16.057554 | 0.834532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warrior Workforce
Enhancement Act''.
SEC. 2. ORTHOTICS AND PROSTHETICS EDUCATION IMPROVEMENT.
(a) Grants Required.--
(1) In general.--The Secretary of Veterans Affairs shall
award grants to eligible institutions to enable the eligible
institutions--
(A) to establish a master's degree program in
orthotics and prosthetics; or
(B) to expand upon an existing master's degree
program in orthotics and prosthetics, including by
admitting more students, further training faculty,
expanding facilities, or increasing cooperation with
the Department of Veterans Affairs and the Department
of Defense.
(2) Priority.--The Secretary shall give priority in the
award of grants under this section to eligible institutions
that have entered into a partnership with a medical center or
clinic administered by the Department of Veterans Affairs or a
facility administered by the Department of Defense, including
by providing clinical rotations at such medical center, clinic,
or facility.
(3) Grant amounts.--Grants awarded under this section shall
be in amounts of not less than $1,000,000 and not more than
$1,500,000.
(b) Requests for Proposals.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter for two years, the Secretary shall issue a
request for proposals from eligible institutions for grants
under this section.
(2) Proposals.--An eligible institution that seeks the
award of a grant under this section shall submit an application
therefor to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require,
including--
(A) demonstration of a willingness and ability to
participate in a partnership described in subsection
(a)(2); and
(B) a commitment, and demonstration of an ability,
to maintain an accredited orthotics and prosthetics
education program after the end of the grant period.
(c) Grant Uses.--
(1) In general.--An eligible institution awarded a grant
under this section shall use grant amounts to carry out any of
the following:
(A) Building new or expanding existing orthotics
and prosthetics master's degree programs.
(B) Training doctoral candidates in fields related
to orthotics and prosthetics to prepare them to
instruct in orthotics and prosthetics programs.
(C) Training faculty in orthotics and prosthetics
education or related fields for the purpose of
instruction in orthotics and prosthetics programs.
(D) Salary supplementation for faculty in orthotics
and prosthetics education.
(E) Financial aid that allows eligible institutions
to admit additional students to study orthotics and
prosthetics.
(F) Funding faculty research projects or faculty
time to undertake research in the areas of orthotics
and prosthetics for the purpose of furthering their
teaching abilities.
(G) Renovation of buildings or minor construction
to house orthotics and prosthetics education programs.
(H) Purchasing equipment for orthotics and
prosthetics education.
(2) Limitation on construction.--An eligible institution
awarded a grant under this section may use not more than 50
percent of the grant amount to carry out paragraph (1)(G).
(3) Admissions preference.--An eligible institution awarded
a grant under this section shall give preference in admission
to the orthotics and prosthetics master's degree programs to
veterans, to the extent practicable.
(4) Period of use of funds.--An eligible institution
awarded a grant under this section may use the grant amount for
a period of three years after the award of the grant.
(d) Definitions.--In this section:
(1) The term ``eligible institution'' means an educational
institution that offers an orthotics and prosthetics education
program that--
(A) is accredited by the National Commission on
Orthotic and Prosthetic Education in cooperation with
the Commission on Accreditation of Allied Health
Education Programs; or
(B) demonstrates an ability to meet the
accreditation requirements for orthotic and prosthetic
education from the National Commission on Orthotic and
Prosthetic Education in cooperation with the Commission
on Accreditation of Allied Health Education Programs if
the institution receives a grant under this section.
(2) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
fiscal year 2018 for the Department of Veterans Affairs,
$15,000,000 to carry out this section. The amount so authorized
to be appropriated shall remain available for obligation until
September 30, 2020.
(2) Unobligated amounts to be returned to the treasury.--
Any amounts authorized to be appropriated by paragraph (1) that
are not obligated by the Secretary as of September 30, 2020,
shall be returned to the Treasury of the United States.
SEC. 3. CENTER OF EXCELLENCE IN ORTHOTIC AND PROSTHETIC EDUCATION.
(a) Grant for Establishment of Center.--
(1) In general.--The Secretary of Veterans Affairs shall
award a grant to an eligible institution to enable the eligible
institution--
(A) to establish the Center of Excellence in
Orthotic and Prosthetic Education (in this section
referred to as the ``Center''); and
(B) to enable the eligible institution to improve
orthotic and prosthetic outcomes for veterans, members
of the Armed Forces, and civilians by conducting
evidence-based research on--
(i) the knowledge, skills, and training
most needed by clinical professionals in the
field of orthotics and prosthetics; and
(ii) how to most effectively prepare
clinical professionals to provide effective,
high-quality orthotic and prosthetic care.
(2) Priority.--The Secretary shall give priority in the
award of a grant under this section to an eligible institution
that has in force, or demonstrates the willingness and ability
to enter into, a memoranda of understanding with the Department
of Veterans Affairs, the Department of Defense, or other
appropriate Federal agency, or a cooperative agreement with an
appropriate private sector entity, which memorandum of
understanding or cooperative agreement provides for either, or
both, of the following:
(A) The provision of resources, whether in cash or
in-kind, to the Center.
(B) Assistance to the Center in conducting research
and disseminating the results of such research.
(3) Grant amount.--The grant awarded under this section
shall be in the amount of $5,000,000.
(b) Requests for Proposals.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall issue a request
for proposals from eligible institutions for the grant under
this section.
(2) Proposals.--An eligible institution that seeks the
award of the grant under this section shall submit an
application therefor to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may require.
(c) Grant Uses.--
(1) In general.--The eligible institution awarded the grant
under this section shall use the grant amount as follows:
(A) To develop an agenda for orthotics and
prosthetics education research.
(B) To fund research in the area of orthotics and
prosthetics education.
(C) To publish or otherwise disseminate research
findings relating to orthotics and prosthetics
education.
(2) Period of use of funds.--The eligible institution
awarded the grant under this section may use the grant amount
for a period of five years after the award of the grant.
(d) Definitions.--In this section:
(1) The term ``eligible institution'' means an educational
institution that--
(A) has a robust research program;
(B) offers an orthotics and prosthetics education
program that is accredited by the National Commission
on Orthotic and Prosthetic Education in cooperation
with the Commission on Accreditation of Allied Health
Education Programs;
(C) is well recognized in the field of orthotics
and prosthetics education; and
(D) has an established association with--
(i) a medical center or clinic of the
Department of Veterans Affairs; and
(ii) a local rehabilitation hospital.
(2) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(e) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2018 for the Department of Veterans
Affairs, $5,000,000 to carry out this section. | Wounded Warrior Workforce Enhancement Act This bill directs the Department of Veterans Affairs (VA) to award grants to eligible institutions to: (1) establish a master's degree program in orthotics and prosthetics, or (2) expand upon an existing master's degree program in such area. The VA shall give grant priority to institutions that have entered into a partnership with a medical center administered by the VA or a facility administered by the Department of Defense. An "eligible institution" is an educational institution that is either accredited by the National Commission on Orthotic and Prosthetic Education or that demonstrates an ability to meet such accreditation requirements if it receives a grant. The bill requires the VA to award a grant to an institution with orthotic and prosthetic research and education experience to: (1) establish the Center of Excellence in Orthotic and Prosthetic Education; and (2) improve orthotic and prosthetic outcomes for veterans, members of the Armed Forces, and civilians by conducting orthotic and prosthetic research. | {"src": "billsum_train", "title": "Wounded Warrior Workforce Enhancement Act"} | 1,868 | 222 | 0.74347 | 2.103756 | 0.866117 | 4.181818 | 9.122995 | 0.930481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Care for Recovering
Families Act''.
SEC. 2. EXTENSION OF COBRA COVERAGE PERIOD FOR CERTAIN INDIVIDUALS.
(a) ERISA Amendment.--Section 605 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1165) is amended by adding at the end
the following:
``(c) Temporary Extension of COBRA Election and Coverage Period for
Victims of Terrorist Attacks.--
``(1) In general.--In the case of an eligible individual
and notwithstanding subsection (a), such individual may elect
continuation coverage under this part during the 120-day period
that begins on the later of--
``(A) the date of enactment of the Continuing Care
for Recovering Families Act; or
``(B) the date on which the individual experiences
the terrorism-related loss of coverage.
``(2) Commencement of coverage; no reach-back.--Any
continuation coverage elected by an eligible individual under
paragraph (1) shall commence at the beginning of the 120-day
election period described in such paragraph and shall not
include any period prior to such 120-day election period. In no
event shall the maximum period required under section 602(2)(A)
be less than the period during which the individual is an
eligible individual.
``(3) Preexisting conditions.--With respect to an
individual who elects continuation coverage pursuant to
paragraph (1), the period--
``(A) beginning on the date of the terrorism-
related loss of coverage, and
``(B) ending on the first day of the 120-day
election period described in paragraph (1),
shall be disregarded for purposes of determining the 63-day
periods referred to in section 701(c)(2), section 2701(c)(2) of
the Public Health Service Act, and section 9801(c)(2) of the
Internal Revenue Code of 1986.
``(4) Definitions.--For purposes of this subsection:
``(A) Eligible individual.--The term `eligible
individual' means an individual who--
``(i)(I) is the child of an individual
described in section 405(c)(2) of the September
11th Victim Compensation Fund of 2001; or
``(II) was the spouse of an individual
described in section 405(c)(2) of the September
11th Victim Compensation Fund of 2001, on
September 11, 2001;
``(ii) has experienced a terrorism-related
loss of coverage; and
``(iii) is not otherwise covered under a
health benefits plan or entitled to benefits,
or enrolled, under part A of title XVIII of the
Social Security Act or enrolled under part B of
such title.
``(B) Terrorism-related loss of coverage.--The term
`terrorism-related loss of coverage' means, with
respect to an eligible individual, the loss of health
benefits coverage associated with the death, injury, or
loss of employment of an individual described in
section 405(c)(2) of the September 11th Victim
Compensation Fund of 2001.''.
(b) PHSA Amendment.--Section 2205 of the Public Health Service Act
(42 U.S.C. 300bb-5) is amended by adding at the end the following:
``(c) Temporary Extension of COBRA Election and Coverage Period for
Victims of Terrorist Attacks.--
``(1) In general.--In the case of an eligible individual
and notwithstanding subsection (a), such individual may elect
continuation coverage under this title during the 120-day
period that begins on the later of--
``(A) the date of enactment of the Continuing Care
for Recovering Families Act; or
``(B) the date on which the individual experiences
the terrorism-related loss of coverage.
``(2) Commencement of coverage; no reach-back.--Any
continuation coverage elected by an eligible individual under
paragraph (1) shall commence at the beginning of the 120-day
election period described in such paragraph and shall not
include any period prior to such 120-day election period. In no
event shall the maximum period required under section
2202(2)(A) be less than the period during which the individual
is an eligible individual.
``(3) Preexisting conditions.--With respect to an
individual who elects continuation coverage pursuant to
paragraph (1), the period--
``(A) beginning on the date of the terrorism-
related loss of coverage, and
``(B) ending on the first day of the 120-day
election period described in paragraph (1),
shall be disregarded for purposes of determining the 63-day
periods referred to in section 2701(c)(2), section 701(c)(2) of
the Employee Retirement Income Security Act of 1974, and
section 9801(c)(2) of the Internal Revenue Code of 1986.
``(4) Definitions.--For purposes of this subsection:
``(A) Eligible individual.--The term `eligible
individual' means an individual who--
``(i)(I) is the child of an individual
described in section 405(c)(2) of the September
11th Victim Compensation Fund of 2001; or
``(II) was the spouse of an individual
described in section 405(c)(2) of the September
11th Victim Compensation Fund of 2001, on
September 11, 2001;
``(ii) has experienced a terrorism-related
loss of coverage; and
``(iii) is not otherwise covered under a
health benefits plan or entitled to benefits,
or enrolled, under part A of title XVIII of the
Social Security Act or enrolled under part B of
such title.
``(B) Terrorism-related loss of coverage.--The term
`terrorism-related loss of coverage' means, with
respect to an eligible individual, the loss of health
benefits coverage associated with the death, injury, or
loss of employment of an individual described in
section 405(c)(2) of the September 11th Victim
Compensation Fund of 2001.''.
(c) IRC Amendments.--Paragraph (5) of section 4980B(f) of the
Internal Revenue Code of 1986 (relating to election) is amended by
adding at the end the following:
``(D) Temporary extension of cobra election and
coverage period for victims of terrorist attacks.--
``(i) In general.--In the case of an
eligible individual and notwithstanding
paragraph (1), such individual may elect
continuation coverage under this title during
the 120-day period that begins on the later
of--
``(I) the date of enactment of the
Continuing Care for Recovering Families
Act; or
``(II) the date on which the
individual experiences the terrorism-
related loss of coverage.
``(ii) Commencement of coverage; no reach-
back.--Any continuation coverage elected by an
eligible individual under clause (i) shall
commence at the beginning of the 120-day
election period described in such clause and
shall not include any period prior to such 120-
day election period. In no event shall the
maximum period required under paragraph
(2)(B)(i) be less than the period during which
the individual is an eligible individual.
``(iii) Preexisting conditions.--With
respect to an individual who elects
continuation coverage pursuant to clause (i),
the period--
``(I) beginning on the date of the
terrorism-related loss of coverage, and
``(II) ending on the first day of
the 120-day election period described
in clause (i),
shall be disregarded for purposes of
determining the 63-day periods referred to in
section 9801(c)(2), section 701(c)(2) of the
Employee Retirement Income Security Act of
1974, and section 2701(c)(2) of the Public
Health Service Act.
``(iv) Definitions.--For purposes of this
subparagraph:
``(I) Eligible individual.--The
term `eligible individual' means an
individual who--
``(aa)(AA) is the child of
an individual described in
section 405(c)(2) of the
September 11th Victim
Compensation Fund of 2001; or
``(BB) was the spouse of an
individual described in section
405(c)(2) of the September 11th
Victim Compensation Fund of
2001, on September 11, 2001;
``(bb) has experienced a
terrorism-related loss of
coverage; and
``(cc) is not otherwise
covered under a health benefits
plan or entitled to benefits,
or enrolled, under part A of
title XVIII of the Social
Security Act or enrolled under
part B of such title.
``(II) Terrorism-related loss of
coverage.--The term `terrorism-related
loss of coverage' means, with respect
to an eligible individual, the loss of
health benefits coverage associated
with the death, injury, or loss of
employment of an individual described
in section 405(c)(2) of the September
11th Victim Compensation Fund of
2001.''. | Continuing Care for Recovering Families Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to allow an eligible individual to elect continuation coverage for group health benefits as provided for in the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) during the 120-day period that begins on the later of the date of enactment of this Act or the date on which the individual experiences a terrorism-related loss of coverage. Provides that: (1) the maximum period required for such coverage shall not be less than the period during which the individual is an eligible individual; and (2) the period between the loss of coverage and the first day of the election period shall be disregarded for purposes of determining the waiting period for coverage of preexisting conditions.
Defines an "eligible individual" as an individual who: (1) is a child or spouse of an individual who suffered physical harm or death as a result of the September 11, 2001, terrorist attacks; (2) that has experienced a terrorism-related loss of health benefits coverage associated with the death, injury, or loss of employment of such an individual; and (3) is not otherwise covered under a health benefits plan or entitled to Medicare benefits. | {"src": "billsum_train", "title": "A bill to extend the period for COBRA coverage for victims of the terrorist attacks of September 11, 2001."} | 2,035 | 270 | 0.722931 | 2.03644 | 0.761117 | 3.912 | 7.252 | 0.912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Patient Access to
Physicians Act of 2005''.
SEC. 2. REFORM OF THE MEDICARE PHYSICIAN PAYMENT UPDATE SYSTEM THROUGH
ELIMINATION OF THE SUSTAINABLE GROWTH RATE (SGR) PAYMENT
UPDATE SYSTEM.
(a) In General.--Section 1848(d) of the Social Security Act (42
U.S.C. 1395w-4(d)) is amended by adding at the end the following new
paragraphs:
``(6) Update for 2006.--The update to the single conversion
factor established in paragraph (1)(C) for 2006 shall not be
less than 2.7 percent.
``(7) Update for years beginning with 2007.--
``(A) In general.--Unless otherwise provided by
law, subject to the budget-neutrality factor determined
by the Secretary under subsection (c)(2)(B)(ii), the
update to the single conversion factor established in
paragraph (1)(C) for a year beginning with 2007 is
equal to the product of--
``(i) 1 plus the Secretary's estimate of
the percentage change in the value of the input
price index (as provided under subparagraph
(B)(ii)) for the year (divided by 100); and
``(ii) 1 minus the Secretary's estimate of
the productivity adjustment factor under
subparagraph (C) for the year.
``(B) Input price index.--
``(i) Establishment.--Taking into account
the mix of goods and services included in
computing the medicare economic index (referred
to in the fourth sentence of section
1842(b)(3)), the Secretary shall establish an
index that reflects the weighted-average input
prices for physicians' services for a year.
Such index shall only account for input prices
and not changes in costs that may result from
other factors (such as productivity).
``(ii) Annual estimate of change in
index.--The Secretary shall estimate, before
the beginning of each year (beginning with
2007) the change in the value of the input
price index under clause (i) from the previous
year to the year involved.
``(C) Productivity adjustment factor.--The
Secretary shall estimate, and cause to be published in
the Federal Register not later than November 1 before
the beginning of each year (beginning with 2007), a
productivity adjustment factor that reflects the
Secretary's estimate of growth in multifactor
productivity in the national economy, taking into
account growth in productivity attributable to both
labor and nonlabor factors. Such adjustment may be
based on a multi-year moving average of productivity
(based on data published by the Bureau of Labor
Statistics).''.
(b) Conforming Amendments.--Section 1848 of the Act (42 U.S.C.
1395w-4) is amended--
(1) in subsection (d)(1)(A), by striking ``subparagraph
(B))'' and all that follows and inserting the following:
``subparagraph (B))--
``(i) for years before 2001, adjusted by
the update (established under paragraph (3))
for the year involved;
``(ii) for 2001, 2002, and 2003, multiplied
by the update (established under paragraph (4))
for the year involved;
``(iii) for 2004 and 2005, multiplied by
the update (established under paragraph (5))
for that year;
``(iv) for 2006, multiplied by the update
(established under paragraph (6)) for that
year; and
``(v) for 2007 and each subsequent year,
multiplied by the update (established under
paragraph (7)) for the year involved.'';
(2) by striking clause (i) of subsection (d)(1)(E) and
inserting the following:
``(i) cause to have published in the
Federal Register not later than November 1--
``(I) of 2000 and each subsequent
year, the conversion factor which will
apply to physicians' services for the
succeeding year;
``(II) of 2000, 2001, and 2002, the
update determined under paragraph (4)
for such succeeding year and the
allowed expenditures under such
paragraph for the succeeding year;
``(III) of 2003 and 2004, the
update determined under paragraph (5)
for 2004 and 2005;
``(IV) of 2005, the update
determined under paragraph (6) for
2006; and
``(V) of 2006 and each subsequent
year, the update determined under
paragraph (7) for the succeeding year;
and'';
(3) in subsection (d)(1)(E)(ii), by inserting ``(for years
before 2006)'' after ``the sustainable growth rate'';
(4) in subsection (d)(4)--
(A) in the heading, by striking ``Years Beginning
With 2001'' and inserting ``2001, 2002, and 2003'' ;
(B) in subparagraph (A), in the matter preceding
clause (i), by striking ``for a year beginning with
2001'' and inserting ``for 2001, 2002, and 2003'';
(C) in subparagraph (C)(iii), by striking ``years
beginning with 2000.--The allowed expenditures for a
year (beginning with 2000)'' and inserting ``2000,
2001, and 2002.--The allowed expenditures for each of
years 2000, 2001, and 2002''; and
(D) in subparagraph (E), by striking ``beginning
with 2001'' and ``for a year beginning with 2001'' and
inserting ``2001, 2002, and 2003'' and ``for 2001,
2002, and 2003'', respectively; and
(5) in subsection (f)--
(A) in paragraph (1)(B), by striking ``November 1
of each succeeding year'' and inserting ``November 1 of
each year before 2005'';
(B) in paragraph (2), by inserting ``and ending
with 2003'' after ``beginning with 2000'';
(C) in paragraph (3), by striking ``for a year
beginning with 2001'' and inserting ``for 2001, 2002,
and 2003''; and
(D) in paragraph (3)(C), by striking ``for 2003 and
succeeding years'' and inserting ``for 2003'' and by
striking ``a year after 2002'' and inserting ``2003''. | Preserving Patient Access to Physicians Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to payment for physicians' services to: (1) eliminate the sustainable growth rate payment update system; and (2) establish in its place an update to the single conversion factor for 2006 of at least 2.7 percent, and a formula for an update to the single conversion factor for years beginning with 2007.
Requires the Secretary of Health and Human Services, in calculating the formula for the single conversion factor, to establish an input price index and estimate annually a productivity adjustment factor. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to reform the Medicare physician payment update system through repeal of the sustainable growth rate (SGR) payment update system."} | 1,443 | 128 | 0.656831 | 1.856865 | 0.638241 | 2.603448 | 11.431034 | 0.87931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Co-Prescribing Saves Lives Act of
2016''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Together, the misuse of heroin and opioids account for
approximately 25,000 deaths in the United States per year.
(2) Drug overdose was the leading cause of injury death in
the United States in 2013, and among people 25 to 64 years old,
drug overdose caused more deaths than motor vehicle fatalities
in 2013.
(3) According to the Centers for Disease Control and
Prevention, in the United States, fatal opioid-related drug
overdose rates have more than quadrupled since 1990 and have
never been higher. Each day in the United States, 46 people die
from an overdose of prescription painkillers. Nearly 2,000,000
Americans aged 12 or older either abused or were dependent on
opioids in 2013.
(4) Naloxone is a safe and effective antidote to all
opioid-related overdoses, including heroin and fentanyl, and is
a critical tool in preventing fatal opioid overdoses in both
health care and at-home settings.
(5) The opioid overdose antidote naloxone has reversed more
than 26,000 overdose cases between 1996 and 2014, according to
the Centers for Disease Control and Prevention.
SEC. 3. HEALTH CARE PROVIDER TRAINING IN FEDERAL HEALTH CARE AND
MEDICAL FACILITIES.
(a) Guidelines.--
(1) HHS guidelines.--The Secretary of Health and Human
Services shall establish health care provider training
guidelines for all Federal health care facilities, including
Federally qualified health centers (as defined in paragraph (4)
of section 1861(aa) of the Social Security Act (42 U.S.C.
1395x(aa))) and facilities of the Indian Health Service, and
shall provide training to all providers described in subsection
(b), in accordance with subsection (c).
(2) Department of veterans affairs guidelines.--The
Secretary of Veterans Affairs shall establish health care
provider training guidelines for all medical facilities of the
Department of Veterans Affairs, and shall provide training to
all providers described in subsection (b), in accordance with
subsection (c).
(3) Department of defense guidelines.--The Secretary of
Defense shall establish health care provider training
guidelines for all medical facilities of the Department of
Defense, and shall provide training to all providers described
in subsection (b), in accordance with subsection (c).
(b) Affected Health Care Providers.--The guidelines developed under
paragraphs (1) through (3) of subsection (a) shall ensure that training
on the appropriate and effective prescribing of opioid medications is
provided to all health care providers who are--
(1) Federal employees and who prescribe controlled
substances as part of their official responsibilities and
duties as Federal employees;
(2) contractors in a health care or medical facility of an
agency described in paragraph (1), (2), or (3) of subsection
(a) who--
(A) spend 50 percent or more of their clinical time
under contract with the Federal Government; and
(B) prescribe controlled substances under the terms
and conditions of their contract or agreement with the
Federal Government; or
(3) clinical residents and other clinical trainees who
spend 50 percent or more of their clinical time practicing in a
health care or medical facility of an agency described in
paragraph (1), (2), or (3) of subsection (a).
(c) Training Requirements.--
(1) Training topics.--The training developed under
paragraphs (1) through (3) of subsection (a) shall address, at
a minimum, best practices for appropriate and effective
prescribing of pain medications, principles of pain management,
the misuse potential of controlled substances, identification
of potential substance use disorders and referral to further
evaluation and treatment, and proper methods for disposing of
controlled substances.
(2) Training approaches.--The training approaches developed
in accordance with this section may include both traditional
continuing education models and models that pair intensive
coaching for the highest volume prescribers with case-based
courses for other prescribers.
(3) Consistency with consensus guidelines.--To the extent
practicable, training adopted under subsection (a) shall be
consistent with consensus guidelines on pain medication
prescribing developed by the Centers for Disease Control and
Prevention.
(4) Training frequency.--Each agency described in
paragraphs (1) through (3) of subsection (a) shall provide
training of the health care providers in accordance with this
section not later than 18 months after the date of enactment of
this Act, and every 3 years thereafter.
(d) Definitions.--For purposes of this section, the term
``controlled substance'' has the meaning given such term in section 102
of the Controlled Substances Act (21 U.S.C. 802).
SEC. 4. NALOXONE CO-PRESCRIBING IN FEDERAL HEALTH CARE AND MEDICAL
FACILITIES.
(a) Naloxone Co-Prescribing Guidelines.--Not later than 180 days
after the date of enactment of this Act:
(1) The Secretary of Health and Human Services shall
establish naloxone co-prescribing guidelines applicable to all
Federally qualified health centers (as defined in paragraph (4)
of section 1861(aa) of the Social Security Act (42 U.S.C.
1395x(aa))) and the health care facilities of the Indian Health
Service.
(2) The Secretary of Defense shall establish co-prescribing
guidelines applicable to all Department of Defense medical
facilities.
(3) The Secretary of Veterans Affairs shall establish co-
prescribing guidelines applicable to all Department of Veterans
Affairs medical facilities.
(b) Requirement.--The guidelines established under subsection (a)
shall address naloxone co-prescribing for both pain patients receiving
chronic opioid therapy and patients being treated for opioid use
disorders.
(c) Definitions.--In this section:
(1) Co-prescribing.--The term ``co-prescribing'' means,
with respect to an opioid overdose reversal drug, the practice
of prescribing such drug in conjunction with an opioid
prescription for patients at an elevated risk of overdose, or
in conjunction with an opioid agonist approved under section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)
for the treatment of opioid use disorders, or in other
circumstances in which a provider identifies a patient at an
elevated risk for an intentional or unintentional drug overdose
from heroin or prescription opioid therapies.
(2) Elevated risk of overdose.--The term ``elevated risk of
overdose'' has the meaning given such term by the Secretary of
Health and Human Services, which--
(A) may be based on the criteria provided in the
Opioid Overdose Toolkit published by the Substance
Abuse and Mental Health Services Administration; and
(B) may include patients on a first course opioid
treatment, patients using extended-release and long-
acting opioid analgesic, and patients with a
respiratory disease or other co-morbidities.
SEC. 5. GRANT PROGRAM TO STATE DEPARTMENTS OF HEALTH TO EXPAND NALOXONE
CO-PRESCRIBING.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish a
competitive 4-year co-prescribing opioid overdose reversal drugs grant
program to provide State departments of health with resources to
develop and apply co-prescribing guidelines, and to provide for
increased access to naloxone.
(b) Application.--To be eligible to receive a grant under this
section, a State shall submit to the Secretary, in such form and manner
as the Secretary may require, an application that--
(1) identifies community partners for a co-prescribing
program;
(2) identifies which providers will be trained in such
program and the criteria that will be used to identify eligible
patients to participate in such program; and
(3) describes how the program will seek to identify State,
local, or private funding to continue the program after
expiration of the grant.
(c) Prioritization.--In awarding grants under this section, the
Secretary shall give priority to eligible State departments of health
that propose to base State guidelines on guidelines on co-prescribing
already in existence at the time of application, such as guidelines of
the Department of Veterans Affairs or national medical societies, such
as the American Society of Addiction Medicine or American Medical
Association.
(d) Use of Funds.--A State department of health receiving a grant
under this section may use the grant for any of the following
activities:
(1) To establish a program for co-prescribing opioid
overdose reversal drugs, such as naloxone.
(2) To expand innovative models of naloxone distribution,
as defined by the Secretary.
(3) To train and provide resources for health care
providers and pharmacists on the co-prescribing of opioid
overdose reversal drugs.
(4) To establish mechanisms and processes for tracking
patients participating in the program described in paragraph
(1) and the health outcomes of such patients, and ensuring that
health information is de-identified so as to protect patient
privacy.
(5) To purchase opioid overdose reversal drugs for
distribution under the program described in paragraph (1).
(6) To offset the copayments and other cost-sharing
associated with opioid overdose reversal drugs to ensure that
cost is not a limiting factor for eligible individuals, as
determined by the Secretary and the applicable State department
of health, giving priority to individuals not otherwise insured
for such services.
(7) To conduct community outreach, in conjunction with
community-based organizations, designed to raise awareness of
co-prescribing practices, and the availability of opioid
overdose reversal drugs.
(8) To establish protocols to connect patients who have
experienced a drug overdose with appropriate treatment,
including appropriate counseling and behavioral therapies. Such
protocols shall be consistent with nationally recognized
patient placement criteria, such as the criteria of the
American Society of Addiction Medicine.
(e) Evaluations by Recipients.--As a condition of receipt of a
grant under this section, a State department of health shall, for each
year for which grant funds are received, submit to the Secretary
information on appropriate outcome measures specified by the Secretary
to assess the outcomes of the program funded by the grant.
(f) Definition.--In this section, the term ``co-prescribing'' has
the meaning given such term in section 4.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$2,500,000 for each of fiscal years 2017 through 2021. | Co-Prescribing Saves Lives Act of 2016 This bill requires the Department of Health and Human Services (HHS), the Department of Veterans Affairs (VA), and the Department of Defense (DOD) to: (1) establish training guidelines for federal health care facilities and federally qualified health centers; and (2) train certain health care providers at federal health care facilities on best practices for prescribing pain medications, principles of pain management, the misuse potential of controlled substances, identification of potential substance use disorders and referral to further evaluation and treatment, and disposal of controlled substances. HHS, the VA, and DOD must establish, for certain health care facilities, guidelines for the prescription of naloxone to individuals at an elevated risk of overdose. (Naloxone is a prescription drug used to rapidly reverse an overdose of opioids, which are drugs with effects similar to opium, such as heroin and certain pain medications.) HHS must award grants to state departments of health for the development and application of guidelines for the prescription of opioid overdose reversal drugs and to increase access to naloxone. Grants may be used to: establish a program for purchasing, prescribing, and distributing opioid overdose reversal drugs; expand innovative models of naloxone distribution; train and provide resources to health care providers and pharmacists on prescribing opioid overdose reversal drugs; offset individuals' cost-sharing for opioid overdose reversal drugs; conduct community outreach to raise awareness of the availability of opioid overdose reversal drugs; and establish protocols to connect patients who have experienced a drug overdose with treatment. | {"src": "billsum_train", "title": "Co-Prescribing Saves Lives Act of 2016"} | 2,361 | 354 | 0.574125 | 1.743016 | 0.809396 | 3.323232 | 7.265993 | 0.912458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Energy Production Act of
2009''.
SEC. 2. PURPOSE.
The purpose of this Act to is make the United States the world
leader in green energy production and manufacturing by--
(1) promoting green technology innovation;
(2) assisting in the transition to a green energy economy;
and
(3) increasing scientific knowledge that may reveal the
basis for new or enhanced products, equipment, or processes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Biomass.--The term ``biomass'' has the meaning given
the term ``renewable biomass'' in section 211(o)(1) of the
Clean Air Act (42 U.S.C. 7545(o)(1)).
(2) Environmentally protective.--The term ``environmentally
protective'' means, with respect to technology, technology
that--
(A) is most likely to result in the least impact to
land, forests, water quantity and quality, air quality,
and wildlife habitat; and
(B) possesses the highest potential for long-term
sustained production of green energy.
(3) Green energy.--
(A) In general.--The term ``green energy'' has the
meaning given the term ``renewable energy''.
(B) Inclusion.--The term ``green energy'' includes
energy derived from coal produced in a manner that--
(i) sequesters carbon from carbon dioxide
emissions at a minimum 85 percent capture rate
on an annual basis; and
(ii) complies with section 1421(d) of the
Safe Drinking Water Act (42 U.S.C. 300h(d)).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
(5) Renewable energy.--The term ``renewable energy'' means
electric energy generated at a facility (including a
distributed generation facility) from solar, wind, fuel cells,
biomass, geothermal, ocean energy, or landfill gas.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Target area.--The term ``target area'' means--
(A) an area that has experienced a significant loss
of manufacturing employment;
(B) an area with a large manufacturing capacity;
(C) an area with an unemployment rate that is
higher than the national average unemployment rate; and
(D) priority for an area that includes a brownfield
site (as defined in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601)).
SEC. 4. GREEN TECHNOLOGY INVESTMENT CORPORATION.
(a) Establishment.--
(1) In general.--There is established in the Department of
Energy a corporation to be known as the ``Green Technology
Investment Corporation''.
(2) Meetings.--The Corporation shall meet at least 4 times
during each fiscal year.
(3) Rules for corporation business.--Not later than 1 year
after the date of enactment of this Act, the Corporation shall
establish rules for the conduct of business of the Corporation.
(4) Applicable authority.--The Corporation shall be subject
to--
(A) subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
``Administrative Procedure Act''); and
(B) all other Federal law applicable to quasi-
autonomous agencies within the Department of Energy.
(5) Administrative costs.--The Secretary shall--
(A) be responsible for paying all administrative
costs of the Corporation; and
(B) in conjunction with the Board of Directors of
the Corporation, take every reasonable action to reduce
and minimize administrative costs of carrying out this
section and the program.
(b) Board of Directors.--
(1) In general.--The Board of Directors of the Corporation
shall consist of 7 members, appointed by the President, by and
with the advice and consent of the Senate, who are--
(A) leaders from industry, labor, academia,
government, and nongovernment organizations; and
(B) selected based on having the necessary
expertise--
(i) to build world-class applied research
capability;
(ii) to assist entrepreneurial innovators
in accelerating formation and attraction of
technology-based businesses;
(iii) to create product innovation;
(iv) to market the manufacturing
competitiveness of the United States;
(v) to create domestic jobs and skills
development opportunities in emerging domestic
markets; and
(vi) to evaluate and advise on
environmental sustainability and climate
change.
(2) Chairperson.--The President shall appoint, by and with
the advice and consent of the Senate, 1 member of the Board of
Directors to serve as Chairperson.
(c) Term of Service.--
(1) In general.--Each member of the Board of Directors
shall be appointed for a term of 5 years.
(2) Additional terms.--The President may appoint, by and
with the advice and consent of the Senate, a member of the
Board to serve additional terms of service.
(d) Responsibilities.--The Corporation shall allocate funds,
provide grants, and carry out programs under this Act, for all phases
of technology commercialization, in accordance with this Act.
SEC. 5. GREEN TECHNOLOGY INVESTMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Green Technology Investment
Fund'' (referred to in this section as the ``Fund''), consisting of
such amounts as are appropriated to the Fund under section 11.
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Corporation, the Secretary of the Treasury shall transfer
from the Fund to the Corporation such amounts as the
Corporation determines are necessary to provide grants, loans,
and other assistance, and otherwise carry out programs, under
this Act.
(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available for each
fiscal year to pay the administrative expenses necessary to
carry out this Act.
(c) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
SEC. 6. GREEN REDEVELOPMENT, OPPORTUNITY, AND WORKFORCE (GROW) GRANTS.
The Corporation shall establish and carry out a grant program--
(1) to assist small and medium-sized businesses in
accelerating new product development and commercialization of
technology products;
(2) to assist small and medium-sized businesses in
capitalizing on early-stage investment, particularly those
businesses that provide evidence of a capability to meet a
green marketplace need;
(3) to create and maintain jobs within the United States;
(4) to assist local governments in improving infrastructure
for related businesses in accordance with this section;
(5) to seek and develop innovative ways of assisting
businesses and communities in achieving the goals of this Act;
(6) to redeploy underused manufacturing capacity;
(7) to capitalize on export opportunities;
(8) to revitalize depressed manufacturing communities; and
(9) to search for and develop innovative ways to design
environmentally protective technologies and best practices and
demonstrate commercial green energy production.
SEC. 7. GREEN ENERGY TECHNOLOGY INTERNSHIP PROGRAM.
(a) In General.--The Corporation shall establish a green energy
technology internship program under which--
(1) students and educators at institutions of higher
education in the United States are paired with businesses of
all sizes in the United States; and
(2) those businesses are encouraged--
(A) to develop cutting-edge, high-tech skills in
participating students; and
(B) to ultimately offer full-time employment to
those students after graduation.
(b) Goal.--The Corporation shall establish as a goal for the green
energy technology internship program the reimbursement by the
Corporation, of not more than the greater of 50 percent or $5,000 of
the wages paid to a participating student or educator, on the condition
that, in the case of a participating student, the business strives for
the possibility of full-time employment of the student after
graduation.
(c) Requirements.--The Corporation shall establish requirements for
participation in the green energy technology internship program,
including requirements relating to--
(1) the eligibility of students, educators, and businesses
to participate in the program; and
(2) application contents and procedures.
SEC. 8. GREEN ENERGY TECHNOLOGY APPRENTICESHIP PROGRAM.
(a) In General.--The Corporation shall establish a green energy
technology apprenticeship program under which--
(1) apprentices and employers in the United States are
paired with businesses of all sizes in the United States; and
(2) those businesses are encouraged--
(A) to develop cutting-edge, high-tech skills in
participating students;
(B) to ultimately offer full-time employment to
those students after completion; and
(C) to work closely with organized labor.
(b) Goal.--As a goal for the green energy technology apprenticeship
program, the Corporation shall, to the maximum extent practicable,
provide reimbursement for not more than the higher of 50 percent or
$5,000 of the wages paid to a participating apprentice, if the business
paired with the apprentice agrees to make every effort to offer full-
time employment to the apprentice on the completion of the
apprenticeship.
(c) Requirements.--The Corporation shall establish requirements for
participation in the green energy technology apprenticeship program,
including requirements relating to--
(1) the eligibility of apprentices, organized labor,
trades, and businesses to participate in the program;
(2) partnerships with organized labor apprenticeship
programs; and
(3) application contents and procedures.
SEC. 9. CRITERIA FOR PROVISION OF GRANTS, LOANS, AND OTHER ASSISTANCE.
(a) Eligible Projects.--
(1) In general.--The Corporation shall provide grants,
loans, and other assistance in accordance with the programs
under this Act for projects that, as determined by the
Corporation--
(A) offer the best technology, research, and
commercialization for the United States;
(B) permit anticipation and action on market
opportunities;
(C) encourage industry involvement;
(D) facilitate investment at the intersection of
core competency areas;
(E) recruit world-class talent and high-growth
companies;
(F) create economic opportunity for target areas;
(G) engage regional partners;
(H) emphasize accountability and metrics;
(I) upon completion, will serve as sites and
facilities primarily intended for commercial,
industrial, or manufacturing use; and
(J) advance environmental protection.
(2) Priority.--In carrying out paragraph (1), the
Corporation--
(A) shall give priority to--
(i) renewable energy, carbon-neutral
projects; and
(ii) projects that advance environmentally
protective goals, with a particular emphasis on
best practices and innovative technology that
reduce negative impacts on a commercial scale;
and
(B) may consider and give priority to the potential
of a project to develop or improve innovative, cutting-
edge technology for green energy projects that are
carbon neutral.
(b) Basis.--A grant, loan, or other assistance provided under this
Act--
(1) shall be based on the best available technology,
research, and commercialization, with a focus on diversity of
green technologies; and
(2) shall not be provided solely on a geographical basis.
(c) Eligible Applicants.--The Corporation may provide a grant,
loan, or other assistance under this Act to--
(1) a political subdivision or nonprofit economic
development organization;
(2) a municipality, local government, community, or
institution of higher education (including a technical
educational institution); and
(3) a private, for-profit entity, with the unanimous
approval by the Board of Directors of the Corporation.
(d) Funds Allocated.--The Corporation shall determine the maximum
and minimum amount provided for each program and program recipient
under this Act in order to maximize the purposes of this Act.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Corporation shall submit to
Congress a report that describes all activities of the Corporation
carried out using funds made available under this Act, including, for
the year covered by the report, a description of--
(1) each grant, loan, or other award of assistance provided
under this Act; and
(2) the reason for each grant, loan, or other award.
SEC. 10. ADMINISTRATION.
Notwithstanding any other provision of this Act, none of the funds
made available to carry out this Act may be used to carry out any
project, activity, or expense that is not located within the United
States.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund to carry out
this Act, to remain available until expended--
(1) $1,000,000,000 for fiscal year 2009;
(2) $5,000,000,000 for fiscal year 2010; and
(3) $10,000,000,000 for each of fiscal years 2011 through
2013. | Green Energy Production Act of 2009 - Establishes in the Department of Energy (DOE) the Green Technology Investment Corporation to allocate funds, provide grants, and carry out programs for all phases of technology commercialization. Requires the Corporation to establish: (1) ) a green redevelopment, opportunity, and workforce (GROW) grant program (2) a green energy technology internship program; and (3) a green energy technology apprenticeship program.
Establishes in the Treasury the Green Technology Investment Fund to provide grants, loans, and assistance under this Act.
Sets forth criteria for project eligibility and priority and applicant eligibility for grants, loans, and assistance under this Act. | {"src": "billsum_train", "title": "A bill to create jobs and reduce the dependence of the United States on foreign and unsustainable energy sources by promoting the production of green energy, and for other purposes."} | 2,936 | 139 | 0.458748 | 1.219356 | 0.626708 | 3.867188 | 21.71875 | 0.945313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Voluntary and Material
Assistance Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that a program to dispose of United States
donated nonlethal personal property to foreign countries--
(1) would benefit the conduct of foreign policy when
carried out in a manner consistent with the objectives of
United States policy, including the objectives set forth in
sections 101 and 102 of the Foreign Assistance Act of 1961;
(2) would fill some of the gap created by reduced official
United States foreign assistance, thereby serving United States
foreign policy objectives and benefiting recipient countries;
(3) would provide United States assistance to foreign
countries at much lower cost, thereby saving taxpayer money;
(4) would involve more people-to-people activity with less
bureaucracy and epitomize the virtue of volunteerism; and
(5) would benefit the United States private sector engaged
in foreign trade through--
(A) public relations;
(B) reduced costs for storage of disposable
equipment;
(C) potential reductions in tax liability relating
to disposable equipment; and
(D) penetration of new markets.
SEC. 3. PURPOSE.
The purpose of this Act is to supplement conventional official
United States foreign assistance activities through a program for the
transfer of private sector and United States Government donated
nonlethal personal property to eligible countries for humanitarian or
technical assistance purposes consistent with the foreign policy
objectives of the United States.
SEC. 4. DEFINITION.
In this Act, the term ``nonlethal personal property'' means any
property that--
(1) is not a weapon, ammunition, or other equipment or
material designated to inflict serious bodily harm or death;
and
(2) is any of the following:
(A) Nonconsumable capital equipment used in
education, manufacturing, or agriculture, or in medical
treatment of persons or animals (including books,
journals, manuals, and software, and computers and
other office equipment used in such activities) that is
owned by a non-Federal entity.
(B) Consumables (including seeds, reagents, hand
tools, repair parts, and other devices, but not
including raw materials) that are not normally
considered capital equipment but are associated with
the use of such equipment owned by a non-Federal
entity.
(C) Nonconsumable capital equipment and consumables
described under subparagraphs (A) and (B),
respectively, that--
(i) are determined to be surplus property
under the Federal Property and Administrative
Services Act of 1949, and
(ii) have been screened for donations to
State agencies under that Act.
SEC. 5. ESTABLISHMENT OF UNITED STATES VOLUNTARY AND MATERIAL
ASSISTANCE PROGRAM.
(a) In General.--(1) To carry out the purpose of this Act, the
President may--
(A) receive nonlethal personal property donated to the
Federal Government by any United States private sector
organization and retransfer such property to eligible foreign
countries;
(B) assist private organizations and voluntary
organizations in the United States in transferring nonlethal
personal property donated to such organizations to eligible
foreign countries by transporting property donated to such
organizations to such countries; and
(C) transfer to eligible foreign countries any nonlethal
personal property that is determined to be surplus property
under the Federal Property and Administrative Services Act of
1949 and is made available to the President under this Act.
(2) The exercise of authority under this section shall be known as
the United States Voluntary and Material Assistance Program (in this
Act referred to as the ``Program'').
(b) General Requirements.--The President shall ensure that the
donated nonlethal personal property made available for the purposes of
this Act (including property donated to private organizations and
voluntary organizations) is transferred to foreign countries under the
Program only if such transfer is consistent with--
(1) the local needs of such countries, as determined by
members of the United States official missions, Peace Corps
volunteers, and appropriate members of private organizations
and voluntary organizations active in such countries;
(2) the willingness and ability of eligible countries and
end users to utilize properly the donated nonlethal personal
property; and
(3) United States foreign policy objectives.
(c) Eligibility.--(1) A foreign country is eligible to receive
nonlethal personal property donated under the Program if it--
(A) is not otherwise ineligible under paragraph (2);
(B) has a legitimate need for and has formally requested
the property under the Program;
(C) has the capability to receive, operate, and maintain
the property;
(D) agrees to use the property for purposes set forth in
paragraph (3); and
(E) permits donated nonlethal personal property to be
imported without duty.
(2) The following foreign countries may not receive property under
the Program:
(A) Foreign countries ineligible to receive assistance
under the Foreign Assistance Act of 1961.
(B) Foreign countries ineligible to receive assistance
under the Arms Export Control Act.
(C) Foreign countries covered by a determination under
section 6(j)(1)(A) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)(A)).
(3) A foreign country that receives donated nonlethal personal
property under the Program shall agree--
(A) to use such property only in schools, hospitals, or
refugee programs, for agricultural purposes, for starting and
sustaining small businesses, for responding to civil and
natural disasters, for preventing and alleviating severe public
health and environmental hazards, or for purposes related to
such uses; and
(B) not to resell the property for profit.
SEC. 6. ADMINISTRATION OF PROGRAM.
(a) International Agreements.--(1) The President may enter into
agreements with eligible countries to facilitate the carrying out of
the Program.
(2) Agreements with eligible countries may provide for the
distribution of property transferred to such countries under the
Program by private organizations and voluntary organizations active in
such countries and by nongovernmental organizations in or active in
such countries.
(b) Program Coordination.--(1) There shall be within the Department
of State a Coordinator of the United States Voluntary and Material
Assistance Program (in this section referred to as the
``Coordinator''), who shall be appointed by the President, by and with
the advice and consent of the Senate.
(2) The President shall delegate the exercise of his authorities
under the Program to the Coordinator.
(3) Upon the delegation of authority under paragraph (2), the
Coordinator shall be responsible for the administration of the Program,
including--
(A) the receipt, classification, repair, maintenance,
storage, and shipment of nonlethal personal property donated to
the Federal Government or transferred to the President under
the Program; and
(B) the receipt, storage, and shipment of nonlethal
personal property donated to private organizations or voluntary
organizations in the United States under the Program.
(4) Where possible, the Secretary of Defense shall identify and
make available to the Coordinator facilities at United States military
installations, including defense depots undergoing realignment, to
serve as collection points for nonlethal personal property donated to
the Federal Government, transferred to the President, or donated to
private organizations or voluntary organizations under the Program
(5) The Coordinator shall work with the Secretary of Agriculture,
the Administrator of the Agency for International Development, the
Director of the United States Information Agency, and other United
States Government agencies, or their successor organizations, that
manage programs of voluntary and material assistance in order to
rationalize and achieve the maximum effectiveness of the Program.
(6) Property may be shipped to an end user only after certification
of the property under the Program. Such certification shall be made in
accordance with the provisions of subsections (c), (d), and (e).
(c) List of Equipment Available for Transfer.--(1) The President
shall establish and maintain a list of items approved for transfer to
foreign countries under the Program.
(2) An item may be added to or subtracted from the list as a result
of a recommendation from individuals located in eligible foreign
countries (including members of United States missions, Peace Corps
volunteers, or members of appropriate private organizations or
voluntary organizations) or by requests from appropriate officials of
the governments of such countries.
(3) The list may not include any item designed specifically for any
military, religious, or political use.
(4) Used shoes may not be included on the list except for such
protective shoes to be used with donated equipment. New shoes and new
or used clothing may be included on the list if quality control
standards under subsection (d) are met with respect to such shoes and
clothing.
(d) Quality Control.--Donated nonlethal personal property may not
be accepted for transfer under the Program unless such property is
certified as acceptable for its intended use by appropriate individuals
of the private sector donating such property, the department or agency
of the Federal Government transferring such property to the President,
private organizations or voluntary organizations accepting such
property, or the Coordinator.
(e) Capacity To Utilize.--To ensure that donated nonlethal personal
property is properly utilized and maintained by the end user, the
President shall consider the technical competence of the end user
before transferring the donated property, shall establish a clear
policy concerning training materials, repair parts, wiring diagrams,
and operating supplies to accompany the donated property, and shall
establish policy for related user requirements.
(f) Personnel.--(1) The President may employ or contract with such
personnel or organizations as may be necessary to manage and operate
the Program, including collection points in the United States for
property donated or transferred to the President, or property donated
to private organizations or voluntary organizations, under the Program.
(2) Notwithstanding any other provision of law, the President may
accept the services of private organizations and voluntary
organizations, including experienced logisticians, to assist and
collaborate in all phases of the Program.
(g) Cross Reference.--For rules regarding charitable contributions
of property, see section 170 of the Internal Revenue Code of 1986.
SEC. 7. MONITORING OF PROGRAM.
(a) In General.--The President shall ensure that donated nonlethal
personal property transferred to foreign countries under the Program is
maintained and utilized for the purposes intended at the time of the
transfer. The President shall submit to Congress on a periodic basis a
report on the actions taken by the President under the preceding
sentence, including the extent to which foreign countries are utilizing
and maintaining equipment for such purposes.
(b) Amendment of Foreign Assistance Act.--Section 634(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394(a)) is amended--
(1) by striking ``and'' at the end of paragraph (11);
(2) by redesignating paragraph (12) as paragraph (13); and
(3) by inserting after paragraph (11) the following new
paragraph:
``(12) the aggregate dollar value, and the impact on the
United States foreign assistance program, of the transfer of
donated nonlethal personal property during the preceding fiscal
year under the United States Voluntary and Material Assistance
Act of 1996, and, separately, under any other Act authorizing
the transfer of such property; and''.
SEC. 8. PILOT PROJECTS.
It is the sense of the Congress that, before carrying out any other
activities under the Program, the President should first conduct a
pilot project in eligible countries in sub-Saharan Africa in order to
demonstrate the feasibility of transferring donated nonlethal personal
property under the Program.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--For the purpose of
establishing the Program, there are authorized to be appropriated
$20,000,000 for fiscal year 1997 and $25,000,000 for fiscal year 1998.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to remain available until expended. | United States Voluntary and Material Assistance Act of 1996 - Establishes the United States Voluntary and Material Assistance Program for the disposition of donated private sector and U.S. Government nonlethal personal property needed by eligible foreign countries.
Authorizes the President, under the Program, to: (1) receive nonlethal personal property donated to the Federal Government by any U.S. private sector organization and retransfer it to eligible foreign countries; (2) provide the necessary transportation to assist private organizations and voluntary organizations in the United States in transferring to eligible foreign countries nonlethal personal property that is donated to them; and (3) transfer to eligible foreign countries any available surplus nonlethal personal property subject to the Federal Property and Administrative Services Act of 1949.
Expresses the sense of the Congress that, before carrying out any other activities under the Program, the President should first conduct a pilot project in eligible countries in sub-Saharan Africa in order to demonstrate the feasibility of transferring donated nonlethal personal property under the Program.
Authorizes appropriations. | {"src": "billsum_train", "title": "United States Voluntary and Material Assistance Act of 1996"} | 2,538 | 222 | 0.500433 | 1.597424 | 0.873805 | 5.408377 | 12.926702 | 0.937173 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chief Medical Officer Authorization
Act of 2005''.
SEC. 2. CHIEF MEDICAL OFFICER.
(a) Establishment.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended--
(1) by redesignating the second section 510 as section 511;
and
(2) by adding at the end the following:
``SEC. 512. CHIEF MEDICAL OFFICER.
``(a) Chief Medical Officer.--There is in the Office of the
Secretary of Homeland Security a Chief Medical Officer who shall be an
Under Secretary.
``(b) General Responsibilities.--Subject to the direction and
control of the Secretary, the responsibilities of the Chief Medical
Officer shall include the following:
``(1) To report directly to the Secretary regarding all
matters pertaining to the responsibilities listed in this
section.
``(2) To act as an advisor to the Secretary regarding
medically-related issues to ensure the accuracy of medical
messages delivered by the Secretary and contribute to important
decisions being made by the Secretary that have a foundation in
medicine, medical treatment, or medical response.
``(3) To inform the public on medically-related homeland
security issues, including threats and risk assessment,
preparation, and response, and to provide information on how
the public can best protect itself from such threats.
``(4) In consultation with the Secretary of Health and
Human Services, to develop standards, prepare plans, and
evaluate training programs for emergency medical personnel
related to disaster preparedness and to make those findings
available to the Congress and to the emergency medical provider
community.
``(5) In consultation with the Assistant Secretary for
Grants and Training, to be responsible for the oversight and
management of the Metropolitan Medical Response System.
``(6) To develop and update guidelines to be distributed to
local authorities for medical plans to respond to natural
disasters, industrial or transportation accidents, or
intentional attacks on the United States involving conventional
or unconventional weapons.
``(7) To promote the development of mutual aid agreements
to ensure the effective cooperation of civilian medical
providers and facilities, including the development of
intraregional and interregional coordination plans,
interoperable equipment, standardized practices and procedures
(including electronic systems to track patients transported
from one location to another), and robust intraregional and
interregional exercises.
``(8) In consultation with the Director of the Office of
Science and Technology, to coordinate medically-related
research and development programs of the Department of Homeland
Security with research and development programs of other
Federal departments and agencies, and with other entities.
``(9) To perform such other duties relating to the
responsibilities described in this subsection as the Secretary
may provide.
``(c) Responsibilities Regarding National Response Plan.--Subject
to the direction and control of the Secretary, the responsibilities of
the Chief Medical Officer regarding the National Response Plan created
pursuant to Homeland Security Presidential Directive 5 (and any
successor plan) shall include the following:
``(1) To direct the operational elements of the National
Disaster Medical System response to an incident of national
significance, including by coordinating the activities of the
Department of Homeland Security with the activities of the
Department of Defense, the Department of Health and Human
Services, the Department of Veterans Affairs, and any other
relevant Federal departments and agencies.
``(2) To submit a report to the Congress, not later than 6
months after the date of the enactment of this section, on the
viability of expanding the National Disaster Medical System by
adding a full-time, ready-to-deploy component and maintaining
the existing system as a reserve component.
``(3) In consultation with the Secretary of Health and
Human Services, to ensure that the National Response Plan
includes a plan to rapidly deliver medical supplies from the
Strategic National Stockpile to the site of a natural disaster,
industrial or transportation accident, or intentional attack on
the United States involving conventional or unconventional
weapons, and to acquire the transportation, logistical, and
other assets necessary to carry out the plan.
``(4) In cooperation with the Assistant Secretary for
Infrastructure Protection, to ensure that plans are in place to
ensure the continued functioning of the Nation's critical
infrastructure in the event of a biological incident as defined
in the Biological Incident Annex of the National Response Plan.
``(5) To submit to the Congress, within 30 days after the
date of the enactment of this section--
``(A) an analysis of conflicts among the Homeland
Security Act of 2002, Homeland Security Presidential
Directive 10, and the National Response Plan and its
annexes as to the respective authorities and
responsibilities of the Department of Homeland Security
and the Department of Health and Human Services, when
responding to a biological or medical disaster,
especially if the disaster is declared an incident of
national significance as defined in the National
Response Plan; and
``(B) recommendations on appropriate statutory or
other policy changes to address such conflicts.
``(d) Responsibilities Regarding National Medical Surge Capacity.--
Subject to the direction and control of the Secretary, the
responsibilities of the Chief Medical Officer regarding national
medical surge capacity shall include the following:
``(1) To conduct periodic assessments of the needs and
capabilities of emergency medical providers, including
governmental and nongovernmental providers, and to make the
findings of such assessments available to the Congress and to
the emergency medical provider community.
``(2) To conduct surveys, not later than 90 days after the
date of the enactment of this section and periodically
thereafter, on the number of emergency medical personnel, the
number of available hospitals beds (especially emergency and
isolation bed space), and the production capacity of the United
States to make vaccines, medicines, and medical supplies, and
to make the findings of such surveys available to the Congress
and to the emergency medical provider community.
``(3) Consistent with the findings of the surveys conducted
under paragraph (2), and in consultation with the Secretary of
Health and Human Services and the Director of the Centers for
Disease Control and Prevention, to ensure that the health care
system of the United States is ready to respond to an incident
of national significance, including natural disasters,
industrial or transportation accidents, or intentional attacks
on the United States involving conventional or unconventional
weapons.
``(4) To focus Federal resources on developing a national
medical surge capacity, including by--
``(A) integrating and coordinating the assets of
the Department of Homeland Security with the assets of
the Department of Defense, the Department of Health and
Human Services, and the Department of Veterans Affairs;
``(B) seeking to acquire and use private and
government hospitals that have or will be closed,
including hospitals that close because of the closure
and realignment of military installations; and
``(C) in partnership with State and local
authorities, generating and disseminating emergency
backup plans for treatment and housing sick or injured
citizens if hospital space is unavailable, including
identification of sites, number of patients who can be
treated there, and medical staff and equipment
necessary to use the site as an emergency treatment
facility.
``(e) Responsibilities Regarding Project BioShield.--Subject to the
direction and control of the Secretary, the responsibilities of the
Chief Medical Officer regarding Project BioShield shall include the
following:
``(1) To ensure the rapid completion of material threat
assessments and material threat determinations and any other
responsibilities incumbent upon the Department of Homeland
Security for Project BioShield.
``(2) To consult with the Department of Health and Human
Services regarding requests for the release of information,
requests for proposals, and the award of contracts pursuant to
such requests by the Department of Health and Human Services
under Project BioShield.
``(3) To serve as one of the representatives from the
Department of Homeland Security on the Weapons of Mass
Destruction Medical Countermeasures Subcommittee of the
National Science and Technology Council and the Office of
Science and Technology Policy in the Executive Office of the
President.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the items
relating to section 509 the following:
``Sec. 510. Procurement of security countermeasures for strategic
national stockpile.
``Sec. 511. Urban and other high risk area communications capabilities.
``Sec. 512. Chief Medical Officer.''. | Chief Medical Officer Authorization Act of 2005 - Amends the Homeland Security Act of 2002 to provide for a Chief Medical Officer in the Office of the Secretary of Homeland Security. | {"src": "billsum_train", "title": "To provide for a Chief Medical Officer in the Office of the Secretary of Homeland Security, and for other purposes."} | 1,798 | 38 | 0.487248 | 1.146413 | 0.547352 | 3.90625 | 55.9375 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methane Hydrate Research and
Development Act of 1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Contract.--The term ``contract'' means a procurement
contract within the meaning of 6303 of title 31, United States
Code.
(2) Cooperative agreement.--The term ``cooperative
agreement'' means a cooperative agreement within the meaning of
section 6305 of title 31, United States Code.
(3) Grant.--The term ``grant'' means a grant agreement
within the meaning of section 6304 of title 31, United States
Code.
(4) Methane hydrate.--The term ``methane hydrate'' means a
methane clathrate that--
(A) is in the form of a methane-water ice-like
crystalline material; and
(B) is stable and occurs naturally in deep-ocean
and permafrost areas.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(6) Secretary of defense.--The term ``Secretary of
Defense'' means the Secretary of Defense, acting through the
Secretary of the Navy.
(7) Secretary of the interior.--The term ``Secretary of the
Interior'' means the Secretary of the Interior, acting through
the Director of the United States Geological Survey.
(8) Director.--The term ``Director'' means the Director of
the National Science Foundation.
SEC. 3. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--
(1) Commencement of program.--Not later than 180 days after
the date of enactment of this Act, the Secretary, in
consultation with the Secretary of Defense, the Secretary of
the Interior, and the Director, shall commence a program of
methane hydrate research and development.
(2) Designations.--The Secretary, the Secretary of Defense,
the Secretary of the Interior, and the Director shall designate
individuals to implement this Act.
(3) Meetings.--The individuals designated under paragraph
(2) shall meet not less frequently than every 120 days to
review the progress of the program under paragraph (1) and make
recommendations on future activities.
(b) Grants, Contracts, and Cooperative Agreements.--
(1) Assistance and coordination.--The Secretary may award
grants or contracts to, or enter into cooperative agreements
with, universities and industrial enterprises to--
(A) conduct basic and applied research to identify,
explore, assess, and develop methane hydrate as a
source of energy;
(B) assist in developing technologies required for
efficient and environmentally sound development of
methane hydrate resources;
(C) undertake research programs to provide safe
means of transport and storage of methane produced from
methane hydrates;
(D) promote education and training in methane
hydrate resources research and resource development;
(E) conduct basic and applied research to assess
and mitigate the environmental impacts of hydrate
degassing, both natural and that associated with
commercial development; and
(F) develop technologies to reduce the risks of
drilling through methane hydrates.
(2) Consultation.--The Secretary may establish an advisory
panel consisting of experts from industry, academia, and
Federal agencies to advise the Secretary on potential
applications of methane hydrate and assist in developing
recommendations and priorities for the methane hydrate research
and development program carried out under this section.
(c) Limitations.--
(1) Administrative expenses.--Not more than 5 percent of
the amount made available to carry out this section for a
fiscal year may be used by the Secretary for expenses
associated with the administration of the program under
subsection (a)(1).
(2) Construction costs.--None of the funds made available
to carry out this section may be used for the construction of a
new building or the acquisition, expansion, remodeling, or
alteration of an existing building (including site grading and
improvement and architect fees).
(d) Responsibilities of the Secretary.--In carrying out subsection
(b)(1), the Secretary shall--
(1) facilitate and develop partnerships among government,
industry, and academia to research, identify, assess, and
explore methane hydrate resources;
(2) undertake programs to develop basic information
necessary for promoting long-term interest in methane hydrate
resources as an energy source;
(3) ensure that the data and information developed through
the program are accessible and widely disseminated as needed
and appropriate;
(4) promote cooperation among agencies that are developing
technologies that may hold promise for methane hydrate resource
development; and
(5) report annually to Congress on accomplishments under
this Act.
SEC. 4. AMENDMENT TO THE MINING AND MINERALS POLICY ACT OF 1970.
Section 201 of the Mining and Minerals Policy Act of 1970 (30
U.S.C. 1901) is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(2) by inserting after paragraph (5) the following:
``(6) the term `methane hydrate' means a methane clathrate
that--
``(A) is in the form of a methane-water ice-like
crystalline material; and
``(B) is stable and occurs naturally in deep-ocean
and permafrost areas.''; and
(3) in paragraph (7) (as redesignated by paragraph (1))--
(A) in subparagraph (F), by striking ``and'';
(B) by redesignating subparagraph (G) as
subparagraph (H); and
(C) by inserting after subparagraph (F) the
following:
``(G) methane hydrate; and''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Passed the Senate July 17, 1998.
Attest:
GARY SISCO,
Secretary. | Methane Hydrate Research and Development Act of 1998 - Directs the Secretary of Energy to commence a methane hydrate research and development program. Authorizes the Secretary to: (1) award program grants or contracts to, or enter into cooperative agreements with, universities and industrial enterprises; and (2) establish a panel to provide advice on applications of methane hydrate and priorities for the program. Limits to five percent the amount of program funding that can be used for adminstrative expense and prohibits funding for building construction.
Requires the Secretary, in awarding such grants or contracts or entering into such cooperative agreements, to: (1) facilitate and develop partnerships among government, industry, and academia; (2) undertake programs to develop basic information necessary for promoting long-term interest in methane hydrate resources as an energy source; (3) ensure that the data and information developed through the program are accessible and widely disseminated; (4) promote cooperation among agencies that are developing technologies that may hold promise for methane hydrate resource development; and (5) report annually to the Congress on accomplishments.
Amends the Mining and Minerals Policy Act of 1970 to: (1) define "methane hydrate"; and (2) redefine "marine mineral resource" to include methane hydrate.
Authorizes appropriations. | {"src": "billsum_train", "title": "Methane Hydrate Research and Development Act of 1998"} | 1,332 | 278 | 0.667912 | 1.947012 | 0.850753 | 4.833333 | 4.738095 | 0.880952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Morris K. Udall Parkinson's Disease
Research Act Amendments of 2005''.
SEC. 2. MORRIS K. UDALL PARKINSON'S DISEASE RESEARCH ACT OF 1997.
(a) Findings.--Subsection (b) of section 603 of the Morris K. Udall
Parkinson's Disease Research Act of 1977 (42 U.S.C. 284f note) is
amended by striking paragraph (1) and inserting the following:
``(1) Finding.--Congress finds that, to take full advantage
of the tremendous potential for finding a cure or effective
treatment, the Federal investment in Parkinson's must be
expanded, as well as the coordination strengthened among the
National Institutes of Health research institutes.''.
(b) Public Health Service Act.--Section 409B of the Public Health
Service Act (42 U.S.C. 284f) is amended--
(1) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Conference.--
``(A) In general.--The Director of NIH shall
convene a coordinating and planning conference every 2
years with relevant institutes and non-governmental
organizations to conduct a thorough investigation of
all Parkinson's research that is funded in whole or in
part by the National Institutes of Health and to
identify shortcomings and opportunities for more
effective treatments and a cure for Parkinson's
disease. The Director shall report to Congress on the
coordination among the institutes in carrying out such
research.
``(B) Research investment plan.--
``(i) In general.--The results of each
conference convened under subparagraph (A)
shall be included in a research investment plan
that provides for measurable results with the
goals of better treatments and a cure for
Parkinson's disease being the determining
factors in the allocation of Parkinson's
disease research dollars. The plan shall
include an outline of the manner in which to
fully utilize the Udall Center program to
ensure the continuation of a particular focus
on translational research, including a clinical
component.
``(ii) Budget and implementation
strategy.--The plan submitted under clause (i)
shall include a budget (that includes both
programmatic and dollar line items) and
implementation strategy (that incorporates the
use of special initiatives such as Requests for
Applications, Program Announcements with set-
asides or similar directed research mechanisms)
together with results to be reported back to
Congress.
``(C) Submissions to congress.--The plan under
subparagraph (B) (including the budget and
implementation strategy) and the expected results of
plan implementation shall be submitted to Congress not
later than 3 months after the conference is convened
under subparagraph (A). Reports on the outcomes of the
plan, including actual spending and actual results,
shall be submitted to Congress on an annual basis.
``(D) Funding.--The Secretary shall ensure that
adequate funding is available under this section to
carry out the activities described in the investment
plan under subparagraph (B).'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``not more than 10''; and
(ii) by adding at the end the following:
``The Director shall ensure that an additional
center shall be funded under this paragraph to
serve as the coordinating center to coordinate
the activities conducted by each of the centers
funded under this paragraph to further focus
and manage the interdisciplinary efforts of
such centers.'';
(B) in paragraph (2)(A)(ii), by striking ``conduct
basic and clinical research'' and inserting ``in
carrying out research, ensure that a significant
clinical component is provided for in addition to
ongoing basic research''; and
(C) by adding at the end the following:
``(5) Review process.--The Director of NIH shall establish
a review process with respect to applications received for
grants under paragraph (1). Such process shall provide for the
evaluation of applicants in a manner that recognizes the unique
aspects of the clinical, coordination, and multidisciplinary
components of the applicants.'';
(3) in subsection (d)--
(A) by striking ``is authorized to establish a
grant program'' and inserting ``shall award grants'';
and
(B) by inserting before the period at the end the
following: ``and shall be awarded in a manner
consistent with the research investment plan under
subsection (b)(2)(B)''; and
(4) by striking subsection (e) and inserting the following:
``(e) Report.--The Director of NIH, in consultation with the
Director of the Centers for Disease Control and Prevention, shall
conduct an investigation, and prepare and submit to the appropriate
committees of Congress a report, on the incidence of Parkinson's
disease, including age, occupation, and geographic population clusters,
and related environmental factors relating to such disease.
``(f) Authorization of Appropriations.--For the purposes of
carrying out this section, section 301, and this title with respect to
research focused on Parkinson's disease, there are authorized to be
appropriated not to exceed such sums as may be necessary for each of
fiscal years 2007 through 2012.''. | Morris K. Udall Parkinson's Disease Research Act Amendments of 2005 - Amends the Public Health Service Act to revise provisions regarding a research planning conference required to be convened by the Director of the National Institutes of Health (NIH) to require such conference to: (1) investigate Parkinson's research funded by NIH; and (2) identify shortcomings and opportunities for more effective treatments and a cure for Parkinson's disease.
Requires the result of each conference to be included in a research investment plan that also: (1) provides for measurable results with the goals of better treatments and a cure for Parkinson's disease determining the allocation of research dollars; (2) includes an outline of how to fully utilize the Udall Center program; and (3) includes a budget and implementation strategy.
Requires the Secretary of Health and Human Services to ensure adequate funding to carry out activities described in the investment plan.
Requires the Director to ensure funding for an additional Morris K. Udall research center to coordinate activities conducted by, and manage the interdisciplinary efforts of, the other centers. Requires each research center to ensure that there is a significant clinical component and ongoing basic research. Requires the Director to establish an application review process for grants to fund such research centers. Directs (currently, allows) the Director to award grants to support qualified investigators with potential for significant future Parkinson's disease breakthroughs.
Requires the Director to investigate and report to Congress on the incidence of Parkinson's disease. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to improve provisions relating to Parkinson's disease research."} | 1,165 | 329 | 0.720534 | 2.361723 | 0.951001 | 2.838028 | 3.771127 | 0.894366 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electricity Storage Innovation
Act''.
SEC. 2. ELECTRICITY STORAGE BASIC RESEARCH INITIATIVE.
(a) Amendment.--Section 975 of the Energy Policy Act of 2005 (42
U.S.C. 16315) is amended to read as follows:
``SEC. 975. ELECTRICITY STORAGE BASIC RESEARCH INITIATIVE.
``(a) Initiative.--
``(1) In general.--The Secretary shall carry out a research
initiative, to be known as the Electricity Storage Basic
Research Initiative, to expand theoretical and fundamental
knowledge to control, store, and convert electrical energy to
chemical energy and the inverse. This initiative shall support
scientific inquiry into the practical understanding of chemical
and physical processes that occur within systems involving
crystalline and amorphous solids, polymers, and organic and
aqueous liquids.
``(2) Leveraging.--The Secretary shall leverage expertise
and resources from the Basic Energy Sciences Program, Advanced
Scientific Computing Research Program, and Biological and
Environmental Research Program within the Office of Science,
and the Office of Energy Efficiency and Renewable Energy, as
provided under subsections (b), (c), and (d).
``(3) Teams.--The Secretary shall organize activities under
the Electricity Storage Basic Research Initiative to include
multidisciplinary teams leveraging expertise from the National
Laboratories, universities, and the private sector to the
extent practicable. These multidisciplinary teams shall pursue
aggressive, milestone-driven basic research goals. The
Secretary shall provide sufficient resources for those teams to
achieve those goals over a period of time to be determined by
the Secretary.
``(4) Additional activities.--The Secretary is authorized
to organize additional activities under this subsection through
Energy Frontier Research Centers, Energy Innovation Hubs, or
other organizational structures.
``(b) Multivalent Systems.--
``(1) In general.--The Secretary shall, as part of the
Electricity Storage Basic Research Initiative, carry out a
program to support research needed to bridge scientific
barriers and discover knowledge relevant to multivalent ion
materials in electric energy storage systems. In carrying out
activities under this subsection, the Director of the Office of
Basic Energy Sciences shall investigate electrochemical
properties and the dynamics of materials, including charge
transfer phenomena and mass transport in materials. The
Assistant Secretary for Energy Efficiency and Renewable Energy
shall support translational research, development, and
validation of physical concepts developed under this
subsection.
``(2) Standard of review.--The Secretary shall review the
program activities under this subsection to determine the
achievement of technical milestones.
``(3) Authorization of appropriations.--
``(A) Authorization.--Subject to subsection (e),
there are authorized for carrying out activities under
this subsection for each of fiscal years 2017 through
2020--
``(i) $50,000,000 from funds within the
Basic Energy Sciences Program account; and
``(ii) $25,000,000 from funds within the
Energy Efficiency and Renewable Energy account.
``(B) Prohibition.--No funds authorized under this
subsection may be obligated or expended for commercial
application of energy technology.
``(c) Electrochemistry Modeling and Simulation.--
``(1) In general.--The Secretary shall, as part of the
Electricity Storage Basic Research Initiative, carry out a
program to support research to model and simulate organic
electrolytes, including their static and dynamic
electrochemical behavior and phenomena at the molecular and
atomic level in monovalent and multivalent systems. In carrying
out activities under this subsection, the Director of the
Office of Basic Energy Sciences shall, in coordination with the
Associate Director of Advanced Scientific Computing Research,
support the development of high performance computational tools
through a joint development process to maximize the
effectiveness of current and projected high performance
computing systems. The Assistant Secretary for Energy
Efficiency and Renewable Energy shall support translational
research, development, and validation of physical concepts
developed under this subsection.
``(2) Standard of review.--The Secretary shall review the
program activities under this subsection to determine the
achievement of technical milestones.
``(3) Authorization of appropriations.--
``(A) Authorization.--Subject to subsection (e),
there are authorized for carrying out activities under
this subsection for each of fiscal years 2017 through
2020--
``(i) $30,000,000 from funds within the
Basic Energy Sciences Program and Advanced
Scientific Computing Research Program accounts;
and
``(ii) $15,000,000 from funds within the
Energy Efficiency and Renewable Energy account.
``(B) Prohibition.--No funds authorized under this
subsection may be obligated or expended for commercial
application of energy technology.
``(d) Mesoscale Electrochemistry.--
``(1) In general.--The Secretary shall, as part of the
Electricity Storage Basic Research Initiative, carry out a
program to support research needed to reveal electrochemistry
in confined mesoscale spaces, including scientific discoveries
relevant to bio-electrochemistry and electrochemical energy
conversion and storage in confined spaces and the dynamics of
these phenomena. In carrying out activities under this
subsection, the Director of the Office of Basic Energy Sciences
and the Associate Director of Biological and Environmental
Research shall investigate phenomena of mesoscale
electrochemical confinement for the purpose of replicating and
controlling new electrochemical behavior. The Assistant
Secretary for Energy Efficiency and Renewable Energy shall
support translational research, development, and validation of
physical concepts developed under this subsection.
``(2) Standard of review.--The Secretary shall review the
program activities under this subsection to determine the
achievement of technical milestones.
``(3) Authorization of appropriations.--
``(A) Authorization.--Subject to subsection (e),
there are authorized for carrying out activities under
this subsection for each of fiscal years 2017 through
2020--
``(i) $20,000,000 from funds within the
Basic Energy Sciences Program and the
Biological and Environmental Research Program
accounts; and
``(ii) $10,000,000 from funds within the
Energy Efficiency and Renewable Energy account.
``(B) Prohibition.--No funds authorized under this
subsection may be obligated or expended for commercial
application of energy technology.
``(e) Funding.--No additional funds are authorized to be
appropriated under this section. This section shall be carried out
using funds otherwise authorized by law.''.
(b) Table of Contents Amendment.--The item relating to section 975
in the table of contents of such Act is amended to read as follows:
``Sec. 975. Electricity Storage Basic Research Initiative.''.
Passed the House of Representatives July 11, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Electricity Storage Innovation Act (Sec. 2)This bill requires the Department of Energy (DOE)to establish the Electricity Storage Basic Research Initiative. The initiative is designed to expand knowledge related to thecontrol, storage, and conversion ofelectrical energy into chemical energy, and chemical energy into electrical energy. DOEmust support specific programs within its Office of Science and Office of Energy Efficiency and Renewable Energy as part of the initiative. In addition, DOE must organize activities under the initiative utilizing research teams consisting ofexperts from the national laboratories, universities, and theprivate sector. | {"src": "billsum_train", "title": "Electricity Storage Innovation Act"} | 1,447 | 120 | 0.536543 | 1.737202 | 0.626837 | 2.257426 | 13.316832 | 0.792079 |
SECTION 1. EXCEPTION FROM PROVISIONS REQUIRING REDUCTION IN ADDITIONAL
OPTIONAL LIFE INSURANCE.
(a) In General.--Subsection (c) of section 8714b of title 5, United
States Code, is amended by adding at the end the following:
``(3)(A) The amount of additional optional insurance continued
under paragraph (2) shall be continued, without any reduction under the
last two sentences thereof, if--
``(i) at the time of retirement, there is in effect a
designation under section 8705 under which the entire amount of
such insurance would be paid to an individual who is
permanently disabled; and
``(ii) an election under subsection (d)(3) on behalf of
such individual is made in timely fashion.
``(B) Notwithstanding subparagraph (A), any reduction required
under paragraph (2) shall be made if--
``(i) the additional optional insurance is not in fact paid
in accordance with the designation under section 8705, as in
effect at the time of retirement;
``(ii) the Office finds that adequate arrangements have not
been made to ensure that the insurance provided under this
section will be used only for the care and support of the
individual so designated; or
``(iii) the election referred to in subparagraph (A)(ii)
terminates at any time before the death of the individual who
made such election.
``(C) For purposes of this paragraph, the term `permanently
disabled' shall have the meaning given such term under regulations
which the Office shall prescribe based on subparagraphs (A) and (C) of
section 1614(a)(3) of the Social Security Act, except that, in applying
subparagraph (A) of such section for purposes of this subparagraph,
`which can be expected to last permanently' shall be substituted for
`which has lasted or can be expected to last for a continuous period of
not less than twelve months'.''.
(b) Continued Withholdings.--Subsection (d) of such section 8714b
is amended by adding at the end the following:
``(3)(A) To be eligible for unreduced additional optional insurance
under subsection (c)(3), the insured individual shall be required to
elect, at such time and in such manner as the Office by regulation
requires (including procedures for demonstrating compliance with the
requirements of subsection (c)(3)), to have the full cost thereof
continue to be withheld from the former employee's annuity or
compensation, as the case may be, beginning as of when such
withholdings would otherwise cease under the second sentence of
paragraph (1).
``(B) An election made by an insured individual under subparagraph
(A) (and withholdings pursuant thereto) shall terminate in the event
that--
``(i) the insured individual--
``(I) revokes such election; or
``(II) makes any redesignation or other change in
the designation under section 8705 (as in effect at the
time of retirement); or
``(ii) the Office finds, upon the application of the
insured individual or on its own initiative, that any of the
requirements or conditions for unreduced additional optional
insurance under subsection (c)(3) are, at any time, no longer
met.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Election for certain individuals not otherwise
eligible.--The Office of Personnel Management shall prescribe
regulations under which an election under section
8714b(d)(3)(A) of title 5, United States Code (as amended by
this Act) may be made, within 1 year after the date of the
enactment of this Act, by any individual not otherwise eligible
to make such an election, but only if such individual--
(A) separated from service on or after the first
day of the 50-month period ending on the date of
enactment of this Act; and
(B) would have been so eligible had the amendments
made by this Act (and implementing regulations) been in
effect as of the individual's separation date (or, if
earlier, the last day for making such an election based
on that separation).
(3) Withholdings.--
(A) Prospective effect.--If an individual makes an
election under paragraph (2), withholdings under
section 8714b(d)(3)(A) of such title 5 shall thereafter
be made from such individual's annuity or compensation,
as the case may be.
(B) Earlier amounts.--If, pursuant to such
election, benefits are in fact paid in accordance with
section 8714b(c)(3) of such title 5 upon the death of
the insured individual, an appropriate reduction
(computed under regulations prescribed by the Office)
shall be made in such benefits to reflect the
withholdings that--
(i) were not made (before the commencement
of withholdings under subparagraph (A)) by
reason of the cessation of withholdings under
the second sentence of section 8714b(d)(1) of
such title; but
(ii) would have been made had the
amendments made by this Act (and implementing
regulations) been in effect as of the time
described in paragraph (2)(B).
(4) Notice.--The Office shall, by publication in the
Federal Register and such other methods as it considers
appropriate, notify current and former Federal employees as to
the enactment of this Act and any benefits for which they might
be eligible pursuant thereto. Included as part of such
notification shall be a brief description of the procedures for
making an election under paragraph (2) and any other
information that the Office considers appropriate. | Amends Federal civil service law to permit a retired Federal employee over age 65 to continue additional optional life insurance coverage when the beneficiary is permanently disabled. Requires such retiree to pay the entire premium for such insurance through withholdings from the retiree's annuity or compensation. | {"src": "billsum_train", "title": "To amend chapter 87 of title 5, United States Code, to provide that the reduction in additional optional life insurance for Federal retirees shall not apply if the beneficiary is permanently disabled."} | 1,272 | 63 | 0.441766 | 1.010469 | 0.91741 | 1.16 | 23.14 | 0.68 |
SECTION 1. DEPOSITORY INSTITUTIONS DISASTER RELIEF.
(a) Truth in Lending Act; Expedited Funds Availability Act.--
(1) Truth in lending act.--During the 240-day period
beginning on the date of enactment of this Act, the Board of
Governors of the Federal Reserve System may make exceptions to
the Truth in Lending Act for transactions within an area in
which the President, pursuant to section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, has
determined, on or after July 1, 1994, that a major disaster
exists, or within an area determined to be eligible for
disaster relief under other Federal law by reason of damage
related to the 1994 flooding in Georgia, Alabama, and Florida
resulting from Tropical Storm Alberto, if the Board determines
that the exception can reasonably be expected to alleviate
hardships to the public resulting from such disaster that
outweigh possible adverse effects.
(2) Expedited funds availability act.--During the 240-day
period beginning on the date of enactment of this Act, the
Board of Governors of the Federal Reserve System may make
exceptions to the Expedited Funds Availability Act for
depository institution offices located within any area referred
to in paragraph (1) of this section if the Board determines
that the exception can reasonably be expected to alleviate
hardships to the public resulting from such disaster that
outweigh possible adverse effects.
(3) Time limit on exceptions.--Any exception made under
this subsection shall expire not later than January 1, 1996.
(4) Publication required.--The Board of Governors of the
Federal Reserve System shall publish in the Federal Register a
statement that--
(A) describes any exception made under this
subsection; and
(B) explains how the exception can reasonably be
expected to produce benefits to the public that
outweigh possible adverse effects.
(b) Deposit of Insurance Proceeds.--
(1) In general.--The appropriate Federal banking agency
may, by order, permit an insured depository institution to
subtract from the institution's total assets, in calculating
compliance with the leverage limit prescribed under section 38
of the Federal Deposit Insurance Act, an amount not exceeding
the qualifying amount attributable to insurance proceeds, if
the agency determines that--
(A) the institution--
(i) had its principal place of business
within an area in which the President, pursuant
to section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act,
has determined, on or after July 1, 1994, that
a major disaster exists, or within an area
determined to be eligible for disaster relief
under other Federal law by reason of damage
related to the 1994 flooding in Georgia,
Alabama, and Florida resulting from Tropical
Storm Alberto, on the day before the date of
any such determination;
(ii) derives more than 60 percent of its
total deposits from persons who normally reside
within, or whose principal place of business is
normally within, areas of intense devastation
caused by the major disaster;
(iii) was adequately capitalized (as
defined in section 38 of the Federal Deposit
Insurance Act) before the major disaster; and
(iv) has an acceptable plan for managing
the increase in its total assets and total
deposits; and
(B) the subtraction is consistent with the purpose
of section 38 of the Federal Deposit Insurance Act.
(2) Time limit on exceptions.--Any exception made under
this subsection shall expire not later than January 1, 1996.
(3) Definitions.--For purposes of this subsection, the
following definitions shall apply:
(A) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the same
meaning as in section 3 of the Federal Deposit
Insurance Act.
(B) Insured depository institution.--The term
``insured depository institution'' has the same meaning
as in section 3 of the Federal Deposit Insurance Act.
(C) Leverage limit.--The term ``leverage limit''
has the same meaning as in section 38 of the Federal
Deposit Insurance Act.
(D) Qualifying amount attributable to insurance
proceeds.--The term ``qualifying amount attributable to
insurance proceeds'' means the amount (if any) by which
the institution's total assets exceed the institution's
average total assets during the calendar quarter ending
before the date of any determination referred to in
paragraph (1)(A)(i), because of the deposit of
insurance payments or governmental assistance made with
respect to damage caused by, or other costs resulting
from, the major disaster.
(c) Banking Agency Publication Requirements.--
(1) In general.--A qualifying regulatory agency may take
any of the following actions with respect to depository
institutions or other regulated entities whose principal place
of business is within, or with respect to transactions or
activities within, an area in which the President, pursuant to
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, has determined, on or after July 1,
1994, that a major disaster exists, or within an area
determined to be eligible for disaster relief under other
Federal law by reason of damage related to the 1994 flooding in
Georgia, Alabama, and Florida resulting from Tropical Storm
Alberto, if the agency determines that the action would
facilitate recovery from the major disaster:
(A) Procedure.--Exercising the agency's authority
under provisions of law other than this subsection
without complying with--
(i) any requirement of section 553 of title
5, United States Code; or
(ii) any provision of law that requires
notice or opportunity for hearing or sets
maximum or minimum time limits with respect to
agency action.
(B) Publication requirements.--Making exceptions,
with respect to institutions or other entities for
which the agency is the primary Federal regulator, to--
(i) any publication requirement with
respect to establishing branches or other
deposit-taking facilities; or
(ii) any similar publication requirement.
(2) Publication required.--A qualifying regulatory agency
shall publish in the Federal Register a statement that--
(A) describes any action taken under this
subsection; and
(B) explains the need for the action.
(3) Qualifying regulatory agency defined.--For purposes of
this subsection, the term ``qualifying regulatory agency''
means--
(A) the Board of Governors of the Federal Reserve
System;
(B) the Comptroller of the Currency;
(C) the Director of the Office of Thrift
Supervision;
(D) the Federal Deposit Insurance Corporation;
(E) the Financial Institutions Examination Council;
(F) the National Credit Union Administration; and
(G) with respect to chapter 53 of title 31, United
States Code, the Secretary of the Treasury.
(4) Expiration.--Any exception made under this subsection
shall expire not later than January 1, 1996.
(d) Sense of the Congress.--It is the sense of the Congress that
the Board of Governors of the Federal Reserve System, the Comptroller
of the Currency, the Director of the Office of Thrift Supervision, the
Federal Deposit Insurance Corporation, and the National Credit Union
Administration should encourage depository institutions to meet the
financial services needs of their communities and customers located in
areas affected by the 1994 flooding in Georgia, Alabama, and Florida
resulting from Tropical Storm Alberto.
(e) Other Authority Not Affected.--Nothing in this section limits
the authority of any department or agency under any other provision of
law.
Passed the Senate August 25 (legislative day, August 18),
1994.
Attest:
MARTHA S. POPE,
Secretary. | Directs the Board of Governors of the Federal Reserve System to make exceptions to the Truth in Lending Act and the Expedited Funds Availability Act for a specified time for transactions within an area eligible for disaster relief due to the 1994 flood damage from Tropical Storm Alberto (the Storm) in Georgia, Alabama, and Florida (if it determines that this can alleviate hardships to the public that outweigh possible adverse effects).
Cites circumstances under which the appropriate Federal banking agency may permit an insured depository institution in the disaster area, in calculating compliance with the leverage limit prescribed by the Federal Deposit Insurance Act, to subtract from its total assets an amount not exceeding the qualifying amount attributable to insurance proceeds.
Expresses the sense of the Congress that specified Federal banking regulatory agencies should encourage depository institutions to meet the financial services needs of their communities and customers located in such disaster areas affected by the Storm. | {"src": "billsum_train", "title": "A bill to facilitate recovery from the recent flooding in Georgia, Alabama, and Florida resulting from Tropical Storm Alberto by providing greater flexibility for depository institutions and their regulators, and for other purposes."} | 1,638 | 192 | 0.703545 | 2.255233 | 0.77233 | 4.258824 | 8.982353 | 0.941176 |
SECTION 1. SHORT TITLE; FINDINGS AND PURPOSES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's
Affordable Health Care Act of 2008''.
(b) Findings and Purposes.--
(1) Findings.--Congress finds the following:
(A) The regulation of the practice of insurance is
a State prerogative.
(B) It is in the interests of health care consumers
that Congress allows for policies that increase the
affordability of health insurance products.
(C) The Federal government provides States and the
medical community with public financing to support the
medical needs of the uninsured.
(D) There is a correlation between the amount of
insurance benefits and the cost of insurance products.
(E) State mandate laws have created barriers to
affordable health coverage.
(F) A number of States allow for the creation of
insurance products that recognize the increased costs
associated with mandate laws.
(G) Consumers throughout the United States are
finding it increasingly hard to secure affordable
health care coverage which contributes to the national
uninsured rate.
(2) Federal insurance product.--Congress further finds that
it is in the interests of taxpayers, health care purchasers,
and the health care provider community, to allow for a class of
federally certified insurance products that can be purchased in
the individual market without being subject to State benefit
mandate laws.
(3) Purposes.--The purposes of this Act are--
(A) to promote increased affordability and access
to health care coverage for citizens of the United
States;
(B) to allow consumers the ability to make choices
by weighing insurance benefits with the cost of
insurance;
(C) to provide incentives to health plans and
health insurance issuers to offer increasingly
affordable insurance policies to all those in the
individual market;
(D) to provide low-income and uninsured workers
with incentives to purchase insurance policies;
(E) to provide incentives to companies and States
to offer health care solutions for high-risk
beneficiaries;
(F) to provide for new coverage opportunities to
solve the problems of affordability and uninsurance;
and
(G) to promote the availability of health insurance
coverage through high-risk pools for individuals whose
health conditions create barriers to such coverage.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; findings and purposes; table of contents.
TITLE I--HEALTH BENEFIT PLANS
Sec. 101. Certification of Health Benefit Plans.
Sec. 102. Conditions for certification.
Sec. 103. Review of implementation.
Sec. 104. Definitions.
TITLE II--EXPANSION OF STATE HIGH RISK HEALTH INSURANCE POOLS
Sec. 201. Increasing and expanding funding for State high risk health
insurance pools.
Sec. 202. Qualified high risk pools best practices guidelines and grant
program.
TITLE I--HEALTH BENEFIT PLANS
SEC. 101. CERTIFICATION OF HEALTH BENEFIT PLANS.
(a) In General.--A health insurance issuer may apply to the
Secretary for up to 3 health insurance coverage policies offered in the
individual market in any State to be certified as Health Benefit Plans
under this title with respect to eligible individuals and the policies
so certified may be offered and sold to such individuals without regard
to any State or local law respecting mandates for benefits.
(b) Construction.--Except as specifically provided under subsection
(a) with respect to health insurance benefits, nothing in this title
shall be construed as--
(1) modifying the application of State or local
requirements relating to matters not described in subsection
(a), such as underwriting, enrollment, and premiums;
(2) superseding any provision of State or local law or
regulation relating to the business of insurance, including the
regulation of insurers and insurance products, underwriting,
enrollment, and premiums;
(3) preventing a State or local jurisdiction from applying
fraud and abuse provisions otherwise applicable with respect to
the sale and marketing of health insurance coverage to the sale
and marketing of Health Benefit Plans under this title; or
(4) exempting a Health Benefits Plan, and the health
insurance issuer offering such a plan, from applicable
requirements of State law and compliance with applicable
provisions of title XXVII of the Public Health Service Act.
SEC. 102. CONDITIONS FOR CERTIFICATION.
(a) In General.--The Secretary shall not certify under this title a
Health Benefit Plan offered by a health insurance issuer unless--
(1) the Plan includes benefits for items and services
within each of the categories of basic services described in
subsection (b); and
(2) the issuer--
(A) is licensed under State law to offer health
insurance coverage in the State involved; and
(B) submits to the Secretary such information and
assurances as the Secretary may require to assure
compliance of the issuer, and Health Benefit Plans
offered by the issuer, with the applicable requirements
of this title.
(b) Categories of Basic Services.--
(1) In general.--The categories of basic services described
in this subsection are as follows:
(A) Inpatient hospital services.
(B) Physicians' surgical and medical services.
(2) Treatment of other categories.--Nothing in this section
shall be construed as preventing a Health Benefit Plan from
providing coverage of benefits that are not within a category
of basic services described in paragraph (1).
(c) Reciprocal Arrangements.--Health insurance issuers offering
Health Benefit Plans may create reciprocal arrangements with other
issuers of such plans in order to improve the portability of such plans
among eligible individuals.
SEC. 103. REVIEW OF IMPLEMENTATION.
(a) Review.--The Secretary shall review the implementation of this
title and the impact of such implementation on the availability and
purchase of health insurance coverage.
(b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on this
title and its impact on making health insurance coverage more
affordable.
SEC. 104. DEFINITIONS.
In this title:
(1) The term ``eligible individual'' means an individual
who is a citizen or national of the United States or an alien
lawfully residing permanently in the United States.
(2) The terms ``health insurance coverage'', ``health
insurance issuer'', and ``individual market'' have the meanings
given such terms in section 2791 of the Public Health Service
Act (42 U.S.C. 300gg-91).
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
TITLE II--EXPANSION OF STATE HIGH RISK HEALTH INSURANCE POOLS
SEC. 201. INCREASING AND EXPANDING FUNDING FOR STATE HIGH RISK HEALTH
INSURANCE POOLS.
(a) In General.--Section 2745(d) of the Public Health Service Act
(42 U.S.C. 300gg-45(d)) is amended--
(1) in paragraph (2)--
(A) in the heading, by striking ``through 2010''
and inserting ``and 2008''; and
(B) in the matter preceding subparagraph (A), by
striking ``through 2010'' and inserting ``and 2008'';
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) Authorization of appropriations for fiscal years 2009
through 2013.--There are authorized to be appropriated for each
of fiscal years 2009 through 2013--
``(A) $10,000,000 to carry out subsection (a); and
``(B) $100,000,000, of which, subject to paragraph
(5)--
``(i) two-thirds of the amount appropriated
shall be made available for allotments under
subsection (b)(2); and
``(ii) one-third of the amount appropriated
shall be made available for allotments under
subsection (c)(3).''.
(b) Conforming Amendments.--Section 2745 of the Public Health
Service Act (42 U.S.C. 300gg-45) is amended--
(1) in subsection (a), by striking ``subsection (d)(1)(A)''
and inserting ``paragraphs (1)(A) and (3)(A) of subsection
(d)'';
(2) in each of paragraphs (1) and (2) of subsection (b), by
striking ``(1)(B)(i) and (2)(A)'' and inserting ``(1)(B)(i),
(2)(A), and (3)(B)(i)'';
(3) in each of paragraphs (1) and (3) of subsection (c), by
striking ``(1)(B)(ii) and (2)(B)'' and inserting ``(1)(B)(ii),
(2)(B), and (3)(B)(ii)''; and
(4) in subsection (d)--
(A) in each of paragraphs (1)(B) and (2), by
striking ``paragraph (4)'' and inserting ``paragraph
(5)''; and
(B) in paragraph (5), as redesignated by subsection
(a)(2), by striking ``paragraph (1)(B) or (2)'' and
inserting ``paragraph (1)(B), (2), or (3)(B)''.
SEC. 202. QUALIFIED HIGH RISK POOLS BEST PRACTICES GUIDELINES AND GRANT
PROGRAM.
Section 2745 of the Public Health Service Act (42 U.S.C. 300gg-45)
is amended--
(1) in subsection (b)(1), by striking ``In the case'' and
inserting ``Subject to subsection (f)(1), in the case'';
(2) by redesignating subsection (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following new
subsection:
``(f) Qualified High Risk Pools Best Practices Guidelines and Grant
Program.--
``(1) Best practices report requirement.--To be eligible to
receive a grant under subsection (b) for a fiscal year
beginning more than 60 days after the date of the enactment of
the America's Affordable Health Care Act of 2008, a State that
has established a qualified high risk pool shall submit to the
Secretary, not later than 120 days after the beginning of such
fiscal year, evidence-based information on the operation of
such pool, as specified by the Secretary for purposes of
creating the best practices guidelines described in paragraph
(2).
``(2) Best practice guidelines.--Not later than 120 days
after the date of the enactment of the America's Affordable
Health Care Act of 2008, the Secretary shall, after providing
for notice and comment, recommend and post on the public
Internet site of the Department of Health and Human Services a
list of best practices with respect to the operation of
qualified high risk pools. The Secretary shall provide for
notice to the States and insurers who manage such qualified
high risk pools of the proposed development of such practices
and shall develop such best practices with input obtained from
such States and insurers. Such best practices should be
categorized and applied according to the number of individuals
enrolled in the qualified high risk pool involved.
``(3) Bonus grants for state qualified high risk pools that
follow best practices.--
``(A) In general.--In the case of a State that is
one of the 50 States or the District of Columbia, that
has established a qualified high risk pool, and that is
receiving a grant under subsection (b)(1), for each
fiscal year for which the State demonstrates according
to a process specified by the Secretary that such
qualified high risk pool was operated in accordance
with the best practices posted under paragraph (2), the
Secretary shall provide a bonus grant from the funds
appropriated under subparagraph (C) and allotted to the
State under subparagraph (B).
``(B) Allotment; limitation.--The Secretary shall
allot funds appropriated under subparagraph (C) among
States qualifying for a bonus grant under subparagraph
(A) in a manner specified by the Secretary, but in no
case shall the amount so allotted to a State for a
fiscal year exceed 10 percent of the funds so
appropriated for the fiscal year.
``(C) Authorization of appropriations for
bonuses.--There are authorized to be appropriated for
each of fiscal years 2010 through 2013 $26,000,000 for
allotments under subparagraph (B).''. | America's Affordable Health Care Act of 2008 - Authorizes a health insurance issuer to apply to the Secretary of Health and Human Services to certify health insurance coverage policies offered in the individual market in any state as Health Benefit Plans. Allows certified plans to be offered to individuals in all states without regard to state and local laws respecting mandates for benefits. Requires such plans to cover inpatient hospital services and physicians' surgical and medical services.
Requires the Secretary to review the impact of this Act on the availability and purchase of health insurance coverage.
Amends the Public Health Service Act to increase the authorization of appropriations for FY2009-FY2013 for grants to states for the creation and operation of qualified high risk health insurance pools.
Conditions eligibility for receiving an operating grant on a state submitting to the Secretary evidence-based information on the operation of such pool for purposes of creating best practice guidelines. Requires the Secretary to: (1) recommend and publicly post a list of best practices on the operation of qualified high risk pools; and (2) give a bonus grant to states that demonstrate that their pool was operated in accordance with such best practices. | {"src": "billsum_train", "title": "To provide for the offering of Health Benefit Plans to individuals, to increase funding for State high risk health insurance pools, and to promote best practice protocols for State high risk pools."} | 2,812 | 246 | 0.512696 | 1.372308 | 0.78247 | 3.213636 | 11.622727 | 0.931818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Access, Research
Expansion, and Respect States Act of 2017'' or the ``CARERS Act of
2017''.
SEC. 2. FEDERALISM IN DRUG POLICY.
Section 708 of the Controlled Substances Act (21 U.S.C. 903) is
amended--
(1) by striking ``No provision'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), no
provision''; and
(2) by adding at the end the following:
``(b) Compliance With State Law.--Notwithstanding any other
provision of law, the provisions of this title relating to marihuana
shall not apply to any person acting in compliance with State law, as
determined by the State, relating to the production, possession,
distribution, dispensation, administration, laboratory testing,
recommending use, or delivery of medical marihuana.''.
SEC. 3. EXCLUSION OF CANNABIDIOL FROM DEFINITION OF MARIHUANA.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended--
(1) in paragraph (16)--
(A) by striking ``or cake, or the sterilized'' and
inserting ``cake, the sterilized''; and
(B) by adding ``, or cannabidiol'' before the
period at the end; and
(2) by adding at the end the following:
``(57) The term `cannabidiol' means the substance
cannabidiol, as derived from marihuana or the synthetic
formulation, that contains not greater than 0.3 percent delta-
9-tetrahydrocannabinol on a dry weight basis.''.
SEC. 4. CANNABIDIOL DETERMINATION BY STATES.
Section 201 of the Controlled Substances Act (21 U.S.C. 811) is
amended by adding at the end the following:
``(k) Cannabidiol Determination.--If a person grows or processes
marihuana for purposes of making cannabidiol in accordance with State
law, the marihuana shall be deemed to meet the concentration limitation
under section 102(57), unless the Attorney General determines that the
State law is not reasonably calculated to comply with section
102(57).''.
SEC. 5. RESEARCH.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services shall
terminate the Public Health Service interdisciplinary review process
described in the guidance entitled ``Guidance on Procedures for the
Provision of Marijuana for Medical Research'' (issued on May 21, 1999).
(b) Licenses for Marijuana Research.--Not later than 1 year after
the date of enactment of this Act, the Attorney General, acting through
the Drug Enforcement Administration, shall issue not less than 3
licenses under section 303 of the Controlled Substances Act (21 U.S.C.
823) to manufacture and distribute marijuana and marijuana-derivatives
for research approved by the Food and Drug Administration.
(c) Marijuana Research.--
(1) In general.--Section 303(f) of the Controlled
Substances Act (21 U.S.C. 823(f)) is amended--
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(B) by striking ``(f) The Attorney General'' and
inserting ``(f)(1) The Attorney General'';
(C) by striking ``Registration applications'' and
inserting the following:
``(2) Registration applications'';
(D) in paragraph (2), as so designated, by striking
``schedule I'' each place that term appears and
inserting ``schedule I, except marijuana,'';
(E) by striking ``Article 7'' and inserting the
following:
``(4) Article 7''; and
(F) by inserting before paragraph (4), as so
designated, the following:
``(3)(A) Not later than 180 days after the date of enactment of
this paragraph, the Secretary shall promulgate regulations that require
the Secretary to register a practitioner to conduct research on
marihuana if--
``(i) the applicant is authorized to dispense, or conduct
research with respect to, controlled substances in schedules
II, III, IV, and V under the laws of the State in which the
applicant practices; and
``(ii) the applicant's research protocol--
``(I) has been reviewed and allowed by--
``(aa) the Secretary under section 505(i)
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(i)); or
``(bb) the National Institutes of Health or
another Federal agency that funds scientific
research; or
``(II) in the case of nonhuman research that is not
federally funded, has been voluntarily submitted by the
applicant to, and approved by, the National Institutes
of Health.
``(B) The Secretary shall grant an application for registration
under this paragraph unless the Secretary determines that the issuance
of the registration would be inconsistent with the public interest. In
determining the public interest, the Secretary shall consider the
following factors:
``(i) The applicant's experience in dispensing, or
conducting research with respect to, controlled substances.
``(ii) Compliance with applicable Federal or State laws
relating to controlled substances.
``(iii) Conduct by the applicant that may threaten the
public health and safety.''.
(2) Conforming amendment.--Section 102(16) of the
Controlled Substances Act (21 U.S.C. 802(16)) is amended by
inserting ``or `marijuana''' after ``The term `marihuana'''.
SEC. 6. PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
PROVIDERS OF RECOMMENDATIONS AND OPINIONS REGARDING
VETERAN PARTICIPATION IN STATE MARIJUANA PROGRAMS.
Notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall authorize physicians and other health care
providers employed by the Department of Veterans Affairs to--
(1) provide recommendations and opinions to veterans who
are residents of States with State marijuana programs regarding
the participation of veterans in such State marijuana programs;
and
(2) complete forms reflecting such recommendations and
opinions. | Compassionate Access, Research Expansion, and Respect States Act of 2017 or the CARERS Act of 2017 This bill amends the Controlled Substances Act to provide that the Act's regulatory controls and administrative, civil, and criminal penalties do not apply to a person who produces, possesses, distributes, dispenses, administers, tests, recommends, or delivers medical marijuana in compliance with state law. The bill also: excludes "cannabidiol" (CBD) from the definition of "marijuana"; limits the concentration of delta-9-tetrahydrocannabinol (THC) in CBD to 0.3 percent on a dry weight basis; and deems marijuana grown or processed to make CBD, in accordance with state law, to comply with the THC concentration limit unless the Drug Enforcement Administration (DEA) determines state law to be unreasonable. The bill directs the Department of Health and Human Services (HHS) to terminate the Public Health Service's interdisciplinary review process that is used to evaluate applications for medical marijuana research. The DEA must license manufacturers and distributors of marijuana for medical research; HHS must register practitioners to conduct research; and the Department of Veterans Affairs (VA) must authorize VA health care providers to provide recommendations and opinions to veterans regarding participation in their states' marijuana programs. | {"src": "billsum_train", "title": "Compassionate Access, Research Expansion, and Respect States Act of 2017"} | 1,531 | 302 | 0.500763 | 1.584587 | 0.730402 | 2.104167 | 5.25 | 0.754167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Enforcement
Improvements Act of 1993''.
SEC. 2. NONLIABILITY FOR DEPOSITORY INSTITUTIONS PROVIDING FINANCIAL
RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN
CHILD SUPPORT CASES.
(a) In General.--Notwithstanding any other provision of Federal or
State law, a depository institution shall not be liable under any
Federal or State law to any person for disclosing any financial record
of an individual to a State child support enforcement agency attempting
to establish, modify, or enforce a child support obligation of such
individual.
(b) Prohibition of Disclosure of Financial Record Obtained by State
Child Support Enforcement Agency.--A State child support enforcement
agency which obtains a financial record of an individual from a
financial institution pursuant to subsection (a) may disclose such
financial record only for the purpose of, and to the extent necessary
in, establishing, modifying, or enforcing a child support obligation of
such individual.
(c) Civil Damages for Unauthorized Disclosure.--
(1) Disclosure by state officer or employee.--If any
officer or employee of a State knowingly, or by reason of
negligence, discloses a financial record of an individual in
violation of subsection (b), such individual may bring a civil
action for damages against such State in a district court of
the United States.
(2) No liability for good faith but erroneous
interpretation.--No liability shall arise under this subsection
with respect to any disclosure which results from a good faith,
but erroneous, interpretation of subsection (b).
(3) Damages.--In any action brought under paragraph (1),
upon a finding of liability on the part of the defendant, the
defendant shall be liable to the plaintiff in an amount equal
to the sum of--
(A) the greater of--
(i) $1,000 for each act of unauthorized
disclosure of a financial record with respect
to which such defendant is found liable; or
(ii) the sum of--
(I) the actual damages sustained by
the plaintiff as a result of such
unauthorized disclosure; plus
(II) in the case of a willful
disclosure or a disclosure which is the
result of gross negligence, punitive
damages; plus
(B) the costs of the action.
(d) Definitions.--For purposes of this section:
(1) The term ``depository institution'' means--
(A) a depository institution, as defined by section
3(c) of the Federal Deposit Insurance Act;
(B) an institution-affiliated party, as defined by
section 3(u) of such Act; and
(C) any Federal credit union or State credit union,
as defined by section 101 of the Federal Credit Union
Act, including an institution-affiliated party of such
a credit union, as defined by section 206(r) of such
Act.
(2) The term ``financial record'' has the meaning given
such term by section 1101 of the Right to Financial Privacy Act
of 1978.
(3) The term ``State child support enforcement agency''
means a State agency which administers a State program for
establishing and enforcing child support obligations.
SEC. 3. ACCESS TO AND USE OF CONSUMER REPORTS BY STATE CHILD SUPPORT
ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.
(a) In General.--Section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended by adding at the end the following:
``(4) To a State child support enforcement agency that is
seeking to establish, modify, or enforce a child support
obligation against the consumer, if--
``(A) the paternity of the consumer for the child
to which the obligation relates has been established or
acknowledged by the consumer in accordance with State
laws under which the obligation arises (if required by
those laws); and
``(B) the State child support enforcement agency--
``(i) before obtaining the consumer report,
provides written notice to the consumer that
the State agency intends to obtain a consumer
report on the consumer; and
``(ii) certifies to the consumer reporting
agency that--
``(I) the requirement in
subparagraph (A) has been fulfilled (if
applicable); and
``(II) the notice required by
clause (i) has been provided.''.
(b) State Child Support Enforcement Agency Defined.--Section 603 of
such Act (15 U.S.C. 1681a) is amended by adding at the end the
following new subsection:
``(j) The term `State child support enforcement agency' means a
State agency which administers a State program for establishing and
enforcing child support obligations.''.
SEC. 4. HEALTH CARE SUPPORT.
(a) Inclusion in Child Support Orders.--
(1) In general.--Section 466(a) of the Social Security Act
(42 U.S.C. 666(a)) is amended by inserting after paragraph (10)
the following:
``(11) Not later than the beginning of the 9th calendar
month that begins after the date the Secretary prescribes final
regulations as provided for in section 467(d)(2):
``(A) Procedures which require any child support
order, issued or modified by a court or administrative
agency of the State on or after the effective date of
guidelines established by the State under section
467(d), to provide for coverage of the health care
costs of the child in accordance with such guidelines.
``(B) Procedures which require the expedited
consideration and disposition of any allegation of
noncompliance with an obligation to cover the health
care costs of a child imposed under a child support
order issued or modified in the State.''.
(2) State guidelines.--Section 467 of such Act (42 U.S.C.
667) is amended by adding at the end the following:
``(d)(1) Not later than the beginning of the 9th calendar month
that begins after the date the Secretary prescribes final regulations
in accordance with paragraph (2), each State, as a condition for having
its State plan approved under this part, must establish guidelines for
the coverage of the health care costs of children pursuant to child
support orders issued or modified in the State, which guidelines shall
create a streamlined process that meets the minimum standards
established by the Secretary in such regulations.
``(2)(A) The Secretary shall promulgate regulations which set forth
minimum standards that any set of guidelines established pursuant to
paragraph (1) must meet in providing for the coverage of the health
care costs of children pursuant to child support orders issued or
modified in the State, including--
``(i) the contents of such an order with respect to the
coverage of such costs;
``(ii) the distribution of responsibility for such costs;
``(iii) to the extent that such costs are to be covered
through health insurance--
``(I) the provision of such insurance;
``(II) the payment of insurance claims; and
``(III) the rights of the noncustodial parent and
the custodial parent to insurance information;
``(iv) the circumstances under which a provider of health
insurance may or may not deny coverage to a child who is the
subject of such an order;
``(v) penalties to be imposed on providers of health
insurance who fail to comply with the guidelines; and
``(vi) how changes in the circumstances of the noncustodial
parent and the custodial parent are to be taken into account
with respect to the coverage of such costs.
``(B) In developing such standards, the Secretary shall ensure
that, in establishing guidelines pursuant to paragraph (1), the State
considers the following matters in the following order of importance:
``(i) The best interests of the child.
``(ii) The financial and other circumstances of the parents
of the child.
``(iii) Cost-effectiveness.
``(3) The preceding subsections of this section shall apply in like
manner to the guidelines established pursuant to this subsection.''.
(3) Regulations.--
(A) Proposed regulations.--Within 9 months after
the date of the enactment of this Act, the Secretary of
Health and Human Services shall issue proposed
regulations to implement the amendments made by this
subsection.
(B) Final regulations.--Within 14 months after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall issue final regulations
to implement the amendments made by this subsection.
(b) Inclusion in Incentive Payments Program of Dependent Health
Insurance Provided Due to Successful Enforcement.--
(1) In general.--Section 458(b) of the Social Security Act
(42 U.S.C. 658(b)) is amended by adding at the end the
following:
``(5)(A) For purposes of this section, the successful enforcement
by the State of a provision of a support order requiring an absent
parent to obtain health insurance for 1 or more children shall be
considered the collection of support from the absent parent, without
regard to the means by which such support is provided.
``(B) The amount of support collected in any case in which the
State successfully enforces a provision of a support order requiring an
absent parent to obtain health insurance for 1 or more children shall
be the savings to the State from the provision of such health insurance
to such children, as determined in accordance with a health insurance
savings methodology adopted by the State in accordance with regulations
prescribed by the Secretary.''.
(2) Regulations.--Within 6 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall prescribe such regulations as may be necessary
to implement the amendment made by paragraph (1).
(3) Study; report.--
(A) Study.--The Secretary of Health and Human
Services shall conduct a study to determine the
incentives that should be provided to encourage States
to enforce obligations of noncustodial parents to pay
(and obtain medical insurance coverage with respect to)
the reasonable and necessary health and dental expenses
of the children to whom the noncustodial parents owe
such obligations.
(B) Report.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall submit to the Committee
on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate the results of
the study required by subparagraph (A).
SEC. 5. ANNUAL REPORTS ON STATE COMPLIANCE WITH TIME LIMITS WITHIN
WHICH STATE MUST PROVIDE CERTAIN CHILD SUPPORT
ASSISTANCE.
Section 452(a)(10) of the Social Security Act (42 U.S.C.
652(a)(10)) is amended--
(1) in subparagraph (H), by striking ``and'';
(2) in subparagraph (I), by striking the period and
inserting ``; and''; and
(3) by inserting after subparagraph (I) the following:
``(J) compliance, by State, with the standards
established pursuant to subsections (h) and (i).''.
SEC. 6. WAGES WITHHELD BY EMPLOYERS TO PAY CHILD SUPPORT OBLIGATIONS
REQUIRED TO BE PAID TO STATE WITHIN 10 DAYS; LATE PAYMENT
PENALTY IMPOSED ON EMPLOYERS.
(a) In General.--Section 466(b)(6)(A) of the Social Security Act
(42 U.S.C. 666(b)(6)(A)) is amended--
(1) in clause (i), by inserting ``within 10 days after the
payment of such wages'' before ``to the appropriate agency'';
and
(2) by adding at the end the following:
``(iii) The State must require any employer who fails to
make any payment required in accordance with clause (i) within
the 10-day period described therein to pay the State a $1,000
penalty. The State must expend all penalties collected in
accordance with this clause for the operation of the State plan
approved under section 454, not later than the end of the
calendar quarter following the calendar quarter in which
collected.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2) of
this subsection, the amendments made by subsection (a) of this
section shall take effect on the date of the enactment of this
Act and apply to wages paid on or after such date and payments
under part D of title IV of the Social Security Act for
calendar quarters beginning on or after such date.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under section 454 of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by
subsection (a) of this section, the State plan shall not be
regarded as failing to comply with the requirements of such
section 454 solely on the basis of the failure of the plan to
meet such additional requirements before the 1st day of the 1st
calendar quarter beginning after the close of the 1st regular
session of the State legislature that begins after the date of
the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a
separate regular session of the State legislature.
SEC. 7. NATIONAL PARENT LOCATOR NETWORK.
Section 453 of the Social Security Act (42 U.S.C. 653) is amended
by adding at the end the following:
``(g) The Secretary shall expand the Parent Locator Service to
establish a national network based on the comprehensive statewide child
support enforcement systems developed by the States, to--
``(1) allow each State to--
``(A) locate any absent parent who owes child
support, for whom a child support obligation is being
established, or for whom an order for visitation is
being enforced, by--
``(i) accessing the records of other State
agencies and sources of locate information
directly from one computer system to another;
and
``(ii) accessing Federal sources of locate
information in the same fashion;
``(B) access the files of other States to determine
whether there are other child support orders involving
the same absent parent, and obtain the details of any
such order;
``(C) provide for both on-line and batch processing
of locate requests, with on-line access restricted to
cases in which the information is needed immediately
(for such reasons as court appearances) and batch
processing used to `troll' data bases to locate
individuals or update information periodically; and
``(D) direct locate requests to individual States
or Federal agencies, broadcast requests to selected
States, or broadcast cases to all States when there is
no indication of the source of needed information;
``(2) provide for a maximum of 48-hour turnaround time for
information to be broadcast and returned to a requesting State;
and
``(3) provide ready access to courts of the information on
the network by location of a computer terminal in each
court.''.
HR 2396 IH----2 | Child Support Enforcement Improvements Act of 1993 - Makes depository institutions not liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual. Prohibits such an agency from disclosing such a record for any other purpose and provides for civil damages for unauthorized disclosures.
Amends the Fair Credit Reporting Act to permit credit reporting agencies to grant access to certain consumer reports to a State child support enforcement agency that is seeking to establish, modify, or enforce a child support obligation against the consumer.
Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to: (1) require State laws to provide for the use of procedures requiring child support orders to provide for coverage of the health care costs of the child in accordance with State guidelines; (2) include under the incentive payments program any dependent medical insurance coverage which is provided due to the successful application of such procedures; (3) direct HHS' Office of Child Support Enforcement to report to the Congress annually on State compliance with specified standards establishing time limits for State response to certain child support assistance requests; (4) require States to assess a penalty against any employer who fails to make timely payment of withheld wages to pay child support obligations of an employee; and (5) direct the Office to develop a national parent locator network which would build on comprehensive statewide child support enforcement systems to allow States to carry out specified parent locator activities.
Directs the Secretary of Health and Human Services (HHS) to study and report to specified congressional committees on how the successful efforts of States in enforcing obligations of absent parents to pay (and obtain medical insurance coverage with respect to) the health and dental expenses of their children should be rewarded through an incentive payments program. | {"src": "billsum_train", "title": "Child Support Enforcement Improvements Act of 1993"} | 3,442 | 404 | 0.577823 | 1.740476 | 0.804743 | 3.991826 | 8.498638 | 0.901907 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second National Blue Ribbon
Commission to Eliminate Waste in Government Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission known as the Second National Blue
Ribbon Commission to Eliminate Waste in Government (in this Act
referred to as the ``Commission'').
SEC. 3. DUTIES.
(a) In General.--It shall be the duty of the Commission--
(1) to conduct a private sector survey on management and
cost control in the Federal Government;
(2) to conduct in-depth reviews of the operations of the
executive agencies;
(3) to review existing Government Accounting Office (GAO),
Congressional Budget Office (CBO), Inspector General Reports,
and other existing governmental and nongovernmental
recommendations for reducing waste including recommendations
from the President's Private Sector Survey on Cost Control,
and, based on this review, to periodically submit a report to
the President and Congress a list of such recommendations with
estimated savings the Commission determines are most
significant and to include in the report a determination of
whether the recommendation can be implemented by Executive
Order or whether if requires legislative action; and
(4) to submit to the President and the Congress
recommendations for improving the budget process and management
and for reducing waste and costs in the Federal Government.
(b) Particular Areas to be Examined.--In fulfilling the duties
described in subsection (a), the Commission shall identify and
address--
(1) opportunities for increased efficiency and reduced
costs in the Federal Government that can be realized by
executive action or legislation;
(2) areas in the Federal Government where managerial
accountability can be enhanced and administrative control can
be improved;
(3) specific Federal programs that have accomplished their
objectives and ought to be terminated;
(4) specific Federal program services that could be
provided at a lower cost by the private sector;
(5) specific reforms of the budget process that would yield
savings, increase accountability and efficiency, and enhance
public confidence in the budget process; and
(6) specific areas in the Federal Government where further
study can be justified by potential savings.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 12
members appointed by the President from among individuals who are not
officers or employees of any government and who are especially
qualified to serve on the Commission by virtue of their education,
training or experience. The majority leader and minority leader of the
Senate and the Speaker and minority leader of the House of
Representatives may submit recommendations to the President concerning
appointments to the Commission. Not more than 6 members of the
Commission shall be of the same political party.
(b) Continuation of Membership.--If an individual is appointed to
the Commission, and later becomes an officer or employee of a
government, such individual may continue as a member of the Commission
for not longer than the 30-day period beginning on the date such
individual becomes such an officer or employee.
(c) Appointment of Members.--Appointments shall be made within 30
days of the date of the enactment of this Act.
(d) Terms.--Each member shall be appointed for the life of the
Commission.
(e) Vacancies.--A vacancy in the Commission shall be filled within
30 days in the manner in which the original appointment was made.
(f) Compensation.--
(1) Rates of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsidence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(g) Quorum.--5 members of the Commission shall constitute a quorum,
but a lesser number may hold hearings.
(h) Chairperson.--The Chairperson of the Commission shall be
elected by the members from among the members.
(i) Meetings.--The Commission shall meet at least once each month
at the call of the Chairperson of the Commission.
SEC. 5. STAFF AND SUPPORT SERVICES.
(a) Director.--The Commission shall have a Director appointed by
the Chairperson of the Commission and paid by a rate determined by the
Commission.
(b) Staff.--With the approval of the Commission, the Director of
the Commission may appoint personnel as the Director considers
appropriate.
SEC. 6. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action which the
Commission is authorized to take by this section.
(c) Information.--The Commission may secure directly from any
Federal agency information necessary to enable it to carry out this
Act. Upon request of the Chairperson of the Commission, the head of the
Federal agency shall furnish the information to the Commission.
(d) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORTS.
(a) Periodic Reports.--Pursuant to section 3(a)(3) the Commission
shall issue periodic reports to the President and the Congress.
(b) Final Report.--Not later than the expiration of the 24-month
period beginning on the date of enactment of this Act, the Commission
shall submit to the President and the Congress a final report setting
forth the finding and conclusions of the Commission and specific
recommendations for legislative and administrative actions that the
Commission determines to be appropriate.
SEC. 8. TERMINATION.
The Commission shall terminate not later than the expiration of the
30-day period beginning on the date on which the Commission submits its
final report under section 7(b).
SEC. 9. FUNDING AND SUPPORT.
The Commission is to be funded, staffed and equipped, to the extent
practicable and permitted by law, by the private sector without cost to
the Federal Government. To accomplish this objective, it is expected
that the Secretary of Commerce will engage in a joint project with a
nonprofit organization pursuant to the first section of Public Law 91-
412 (15 U.S.C. 1525) for the purpose of providing support for the
Commission. | Second National Blue Ribbon Commission to Eliminate Waste in Government Act - Establishes the Second National Blue Ribbon Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in the Federal Government; (2) review executive agency operations and existing General Accounting Office, Congressional Budget Office, Inspector General Reports, and other existing governmental and nongovernmental recommendations for reducing waste; and (3) submit to the President and the Congress recommendations for the most significant estimated savings, and for improving the budget process, management, and reducing waste and costs in the Government.
Specifies opportunities, programs, services, and reforms the Commission must identify and address. Requires reports to the President and the Congress.
Requires the Commission to be funded, staffed, and equipped, to the extent practicable and permitted by law, by the private sector without cost to the Government. | {"src": "billsum_train", "title": "Second National Blue Ribbon Commission to Eliminate Waste in Government Act"} | 1,410 | 189 | 0.664928 | 1.83012 | 0.969097 | 4.786127 | 7.606936 | 0.959538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Mental Health Accessibility
Act of 2001''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Subpart I of part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) is amended by adding at the end the following:
``SEC. 330I. MENTAL HEALTH COMMUNITY EDUCATION PROGRAM.
``(a) Program Authorized.--The Director of the Office of Rural
Health Policy (of the Health Resources and Services Administration)
shall award grants to eligible entities to conduct mental health
community education programs.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' includes
a State entity, public or private school, mental health clinic,
rural health clinic, local public health department, nonprofit
private entity, federally qualified health center, Rural Area
Health Education Center, Indian tribe and tribal organization,
and any other entity deemed eligible by the Secretary.
``(2) Mental health community education program.--The term
`mental health community education program' means a program
regarding mental illness, mental retardation, suicide
prevention and co-occurring mental illness and substance abuse
disorder.
``(c) Preference.--In awarding grants under subsection (a), the
Director shall give a preference to eligible entities that are or
propose to be in a network, or work in collaboration, with other
eligible entities to carry out the programs under this section, such as
a rural public or nonprofit private entity that represents a network of
local health care providers or other entities that provide or support
delivery of health care services, and a State office of rural health or
other appropriate State entity.
``(d) Duration.--The Director shall award grants under subsection
(a) for a period of 3 years.
``(e) Amount.--Each grant awarded under this section shall not be
greater than $200,000 each fiscal year.
``(f) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds received through such grant to
administer a mental health community education program to rural
populations that provides information to dispel myths regarding mental
illness and to reduce any stigma associated with mental illness.
``(g) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Director at such
time, in such manner, and containing such information as the Director
may reasonably require, including--
``(1) a description of the activities which the eligible
entity intends to carry out using amounts provided under the
grant;
``(2) a plan for continuing the project after Federal
support is ended;
``(3) a description of the manner in which the educational
activities funded under the grant will meet the mental health
care needs of underserved rural populations within the State;
and
``(4) a description of how the local community or region to
be served by the network or proposed network, if the eligible
entity is in such a network, will be involved in the
development and ongoing operations of the network.
``(h) Evaluations; Report.--Each eligible entity that receives a
grant under this section shall submit to the Director of the Office of
Rural Health Policy (of the Health Resources and Services
Administration) an evaluation describing the programs authorized under
this section and any other information that the Director deems
appropriate. After receiving such evaluations, the Director shall
submit to the appropriate committees of Congress a report describing
such evaluations.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $50,000,000 for fiscal year
2002, and such sums as may be necessary for fiscal years 2003 through
2006.
``SEC. 330J. INTERDISCIPLINARY GRANT PROGRAM.
``(a) Program Authorized.--The Director of the Office of Rural
Health Policy (of the Health Resources and Services Administration)
shall award grants to eligible entities to establish interdisciplinary
training programs that include significant mental health training in
rural areas for certain health care providers.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
public university or other educational institution that
provides training for mental health care providers or primary
health care providers.
``(2) Mental health care provider.--The term `mental health
care provider' means--
``(A) a physician with postgraduate training in a
residency program of psychiatry;
``(B) a licensed psychologist (as defined by the
Secretary for purposes of section 1861(ii) of such Act
(42 U.S.C. 1395x(ii)));
``(C) a clinical social worker (as defined in
section 1861(hh)(1) of such Act (42 U.S.C.
1395x(hh)(1)); or
``(D) a clinical nurse specialist (as defined in
section 1861(aa)(5)(B) of such Act (42 U.S.C.
1395x(aa)(5)(B))).
``(3) Primary health care provider.--The term `primary
health care provider' includes family practice, internal
medicine, pediatrics, obstetrics and gynecology, geriatrics,
and emergency medicine physicians as well as physician
assistants and nurse practitioners.
``(4) Rural area.--The term `rural area' means a rural area
as defined in section 1886(d)(2)(D) of the Social Security Act,
or such an area in a rural census tract of a metropolitan
statistical area (as determined under the most recent
modification of the Goldsmith Modification, originally
published in the Federal Register on February 27, 1992 (57 Fed.
Reg. 6725)), or any other geographical area that the Director
designates as a rural area.
``(c) Duration.--Grants awarded under subsection (a) shall be
awarded for a period of 5 years.
``(d) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds received through such grant to
administer an interdisciplinary, side-by-side training program for
mental health care providers and primary health care providers, that
includes providing, under appropriate supervision, health care services
to patients in underserved, rural areas without regard to patients'
ability to pay for such services.
``(e) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Director at such
time, in such manner, and containing such information as the Director
may reasonably require, including--
``(1) a description of the activities which the eligible
entity intends to carry out using amounts provided under the
grant;
``(2) a description of the manner in which the activities
funded under the grant will meet the mental health care needs
of underserved rural populations within the State; and
``(3) a description of the network agreement with
partnering facilities.
``(f) Evaluations; Report.--Each eligible entity that receives a
grant under this section shall submit to the Director of the Office of
Rural Health Policy (of the Health Resources and Services
Administration) an evaluation describing the programs authorized under
this section and any other information that the Director deems
appropriate. After receiving such evaluations, the Director shall
submit to the appropriate committees of Congress a report describing
such evaluations.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $100,000,000 for fiscal year
2002 and such sums as may be necessary for each of the fiscal years
2003 through 2006.
``SEC. 330K. STUDY OF MENTAL HEALTH SERVICES DELIVERED WITH TELEHEALTH
TECHNOLOGIES.
``(a) In General.--The Director of the National Institute of Mental
Health, in consultation with the Director of the Office of Rural Health
Policy, shall carry out activities to research the efficacy and
effectiveness of mental health services delivered remotely by a
qualified mental health professional (psychiatrist or doctoral level
psychologist) using telehealth technologies.
``(b) Mandatory Activities.--Research described in subsection (a)
shall include--
``(1) objective measurement of treatment outcomes for
individuals with mental illness treated remotely using
telehealth technologies as compared to individuals with mental
illness treated face-to-face;
``(2) objective measurement of treatment compliance by
individuals with mental illness treated remotely using
telehealth technologies as compared to individuals with mental
illness treated face-to-face; and
``(3) any other variables as determined by the Director.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
``SEC. 330L. MENTAL HEALTH SERVICES DELIVERED VIA TELEHEALTH.
``(a) Program Authorized.--
``(1) In general.--The Secretary, acting through the
Director of the Office for the Advancement of Telehealth of the
Health Resources and Services Administration, shall award
grants to eligible entities to establish demonstration projects
for the provision of mental health services to special
populations as delivered remotely by qualified mental health
professionals using telehealth and for the provision of
education regarding mental illness as delivered remotely by
qualified mental health professionals and qualified mental
health education professionals using telehealth.
``(2) Number of demonstration projects.--Ten grants shall
be awarded under paragraph (1) to provide services for the
children and adolescents described in subsection (d)(1)(A) and
not less than 6 of such grants shall be for services rendered
to individuals in rural areas. Ten grants shall also be awarded
under paragraph (1) to provide services for the elderly
described in subsection (d)(1)(B) in rural areas. If the
maximum number of grants to be awarded under paragraph (1) is
not awarded, the Secretary shall award the remaining grants in
a manner that is equitably distributed between the populations
described in subparagraphs (A) and (B) of subsection (d)(1).
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
public or nonprofit private telehealth provider network which
has as part of its services mental health services provided by
qualified mental health providers.
``(2) Qualified mental health education professionals.--The
term `qualified mental health education professionals' refers
to teachers, community mental health professionals, nurses, and
other entities as determined by the Secretary who have
additional training in the delivery of information on mental
illness to children and adolescents or who have additional
training in the delivery of information on mental illness to the
elderly.
``(3) Qualified mental health professionals.--The term
`qualified mental health professionals' refers to providers of
mental health services currently reimbursed under medicare who
have additional training in the treatment of mental illness in
children and adolescents or who have additional training in the
treatment of mental illness in the elderly.
``(4) Special populations.--The term `special populations'
refers to the following 2 distinct groups:
``(A) Children and adolescents located in primary
and secondary public schools in mental health
underserved rural areas or in mental health underserved
urban areas.
``(B) Elderly individuals located in long-term care
facilities in mental health underserved rural areas.
``(5) Telehealth.--The term `telehealth' means the use of
electronic information and telecommunications technologies to
support long-distance clinical health care, patient and
professional health-related education, public health, and
health administration.
``(c) Amount.--Each entity that receives a grant under subsection
(a) shall receive not less than $1,500,000 with no more than 40 percent
of the total budget outlined for equipment.
``(d) Use of Funds.--
``(1) In general.--An eligible entity that receives a grant
under this section shall use such funds--
``(A) for the populations described in subsection
(b)(3)(A)--
``(i) to provide mental health services,
including diagnosis and treatment of mental
illness, in primary and secondary public
schools as delivered remotely by qualified
mental health professionals using telehealth;
``(ii) to provide education regarding
mental illness (including suicide and violence)
in primary and secondary public schools as
delivered remotely by qualified mental health
professionals and qualified mental health
education professionals using telehealth,
including early recognition of the signs and
symptoms of mental illness, and instruction on
coping and dealing with stressful experiences
of childhood and adolescence (such as violence,
social isolation, and depression); and
``(iii) to collaborate with local public
health entities and the eligible entity to
provide the mental health services; and
``(B) for the populations described in subsection
(b)(3)(B)--
``(i) to provide mental health services,
including diagnosis and treatment of mental
illness, in long-term care facilities as
delivered remotely by qualified mental health
professionals using telehealth;
``(ii) to provide education regarding
mental illness to primary staff (including
physicians, nurses, and nursing aides) as
delivered remotely by qualified mental health
professionals and qualified mental health
education professionals using telehealth,
including early recognition of the signs and
symptoms of mental illness, and instruction on
coping and dealing with stressful experiences
of old age (such as loss of physical and
cognitive capabilities, death of loved ones and
friends, social isolation, and depression); and
``(iii) to collaborate with local public
health entities and the eligible entity to
provide mental health services.
``(2) Other uses.--An eligible entity receiving a grant
under this section may also use funds to--
``(A) acquire telehealth equipment to use in
primary and secondary public schools and long-term care
facilities for the purposes of this section;
``(B) develop curriculum to support activities
described in subsections (d)(1)(A)(ii) and
(d)(1)(B)(ii);
``(C) pay telecommunications costs; and
``(D) pay qualified mental health professionals and
qualified mental health education professionals on a
reasonable cost basis as determined by the Secretary
for services rendered.
``(3) Prohibited uses.--An eligible entity that receives a
grant under this section shall not use funds received through
such grant to--
``(A) purchase or install transmission equipment
(other than such equipment used by qualified mental
health professionals to deliver mental health services
using telehealth under the project); or
``(B) build upon or acquire real property (except
for minor renovations related to the installation of
reimbursable equipment).
``(e) Equitable Distribution.--In awarding grants under this
section, the Secretary shall ensure, to the greatest extent possible,
that such grants are equitably distributed among geographical regions
of the United States.
``(f) Application.--An 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
determines to be reasonable.
``(g) Report.--Not later than 5 years after the date of enactment
of this section, the Secretary shall prepare and submit a report to the
appropriate committees of Congress that shall evaluate activities
funded with grants under this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $30,000,000 for fiscal year
2002 and such sums that are required to carry out this program for
fiscal years 2003 through 2009.
``(i) Sunset Provision.--This section shall be effective for 7
years from the date of enactment of this section.''. | Rural Mental Health Accessibility Act of 2001 - Amends the Public Health Service Act to direct the Director of the Office of Rural Health Policy to: (1) award grants to eligible entities to conduct mental health community education programs; (2) award grants to eligible entities to establish interdisciplinary training programs that include significant mental health training in rural areas for certain health care providers.Directs the Director of the National Institute of Mental Health to carry out activities to research the efficacy and effectiveness of mental health services delivered remotely by a qualified mental health professional (psychiatrist or doctoral level psychologist) using telehealth technologies.Directs the Secretary of Health and Human Services to award grants to eligible entities to establish demonstration projects for the provision of mental health services to special populations as delivered remotely by qualified mental health professionals using telehealth and for the provision of education regarding mental illness as delivered remotely by qualified mental health professionals and qualified mental health education professionals using telehealth.Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish a mental health community education program, and for other purposes."} | 3,519 | 205 | 0.620848 | 1.580722 | 0.947749 | 6.287293 | 17.629834 | 0.961326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrity of the United States
Courts Act of 2003''.
SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL AND COMMITTEE DECISIONS.
(a) In General.--Subtitle A of title IV of the North American Free
Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended
by inserting after section 404 the following new section:
``SEC. 404A. REVIEW OF BINATIONAL PANEL AND COMMITTEE DETERMINATIONS.
``(a) Basis for Review in Court of International Trade.--
``(1) In general.--If, within 30 days after publication in
the Federal Register of notice that a binational panel or
committee has issued a determination following a review under
article 1904 of a decision of a competent investigating
authority in the United States, a Party or person, referred to
in paragraph 5 of article 1904, alleges that--
``(A)(i) the determination of the panel or
committee, as the case may be, was based on a
misinterpretation of United States law,
``(ii) a member of a panel or committee was guilty
of gross misconduct, bias, or a serious conflict of
interest, or otherwise materially violated the rules of
conduct established for panelists or committee members,
respectively,
``(iii) the panel or committee seriously departed
from a fundamental rule of procedure, or
``(iv) the panel or committee manifestly exceeded
its powers, authority, or jurisdiction set out in
article 1904, such as failing to apply the appropriate
standard of review, and
``(B) any element described in subparagraph (A) has
materially affected the decision of the panel or
committee and threatens the integrity of the binational
panel or committee review process,
then such party or person may file an appeal with the United
States Court of International Trade, seeking review of the
binational panel or committee determination pursuant to section
516A of the Tariff Act of 1930.
``(2) Review in court of international trade where
binational panel or committee does not act.--
``(A) In general.--If a request for a panel or
committee review has been made under article 1904, and
a panel or committee, as the case may be, is not
convened within 120 days after the request, a person,
referred to in paragraph 5 of article 1904, may
commence an action in the United States Court of
International Trade contesting the determination with
respect to which the request was filed. The
commencement of such an action shall be in accordance
with paragraph (1) or (2) of section 516A(a) of the
Tariff Act of 1930, notwithstanding the 30-day
limitation on the commencement of actions set forth in
such section 516A.
``(B) Requests by other persons.--After an action
is commenced under subparagraph (A), any other person
may commence an action in accordance with the
requirements of paragraph (1) or (2) of section 516A(a)
of the Tariff Act of 1930 within 30 days after the date
the initial action is filed under this paragraph, but
only with respect to a claim that such person raised
before the panel or committee.
``(b) Decisions of the Court.--
``(1) In general.--In an appeal filed under subsection
(a)(1) for review of a binational panel or committee
determination, the Court of International Trade shall, after
examining the legal and factual analysis underlying the
findings and conclusions of the decision of the panel or
committee, as the case may be, determine whether any of the
elements described in subsection (a)(1)(A) has been
established. If the court finds that any of the elements has
been established, the court shall vacate the original panel or
committee decision and enter judgment accordingly. If the
elements are not established, the court shall affirm the
original binational panel or committee decision. Decisions of
the Court of International Trade under this paragraph shall be
binding on the parties with respect to the matters between the
parties that were before the panel or committee, as the case
may be.
``(2) Decisions where panel or committee not convened.--In
the case of an action for review of a determination filed under
subsection (a)(2), the Court of International Trade shall
conduct such review under section 516A(b) of the Tariff Act of
1930. Decisions of the Court of International Trade under this
paragraph shall be binding on all parties with respect to the
matters between the parties that would have been before a panel
or committee had the panel or committee been convened.
``(c) Exclusive Jurisdiction.--If a Party or person, referred to in
paragraph 5 of article 1904, timely files a notice of appeal to the
Court of International Trade pursuant to this section, the United
States Court of International Trade shall have exclusive jurisdiction
over the matter, and the determination of the United States Court of
International Trade shall not be subject to review by an extraordinary
challenge committee or binational panel.
``(d) Applicability.--This section applies to determinations by a
binational panel or committee under NAFTA that involves an antidumping
duty or countervailing duty determination of a competent investigating
authority in the United States.''.
(b) Conforming Amendment.--The table of contents of the North
American Free Trade Implementation Act is amended by inserting after
the item relating to section 404 the following:
``404A. Review of binational panel and committee determinations.''.
SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE.
Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)(i)(I), by striking ``or
(viii)'' and inserting ``(viii), (ix), or (x)''; and
(B) in subparagraph (B), by adding at the end the
following:
``(ix) A final determination of a
binational panel convened pursuant to article
1904 of the NAFTA.
``(x) A final determination described in
section 404A(a)(2) of the North American Free
Trade Agreement Implementation Act.'';
(2) in subsection (a)(5), in the matter preceding
subparagraph (A), by inserting ``(other than a determination
described in subsection (g)(3)(A)(vii))'' after ``apply''; and
(3) in subsection (g)(3)(A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period and
inserting ``, or''; and
(C) by adding at the end the following:
``(vii) a determination of which either a
Party or person, referred to in paragraph 5 of
article 1904 of the NAFTA, has requested review
pursuant to section 404A of the North American
Free Trade Agreement Implementation Act.''.
SEC. 4. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act, the amendments made by this Act shall apply with
respect to goods from Canada and Mexico.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to--
(1) any final determination of a binational panel or
committee convened pursuant to article 1904 of the North
American Free Trade Agreement, notice of which is published in
the Federal Register on or after the date of enactment of this
Act; and
(2) any request for panel or committee review to which
section 404A(a)(2) of the North American Free Trade Agreement
Implementation Act applies that is pending on or after the date
of enactment of this Act. | Integrity of the United States Courts Act of 2003 - Amends the North American Free Trade Agreement Implementation Act to permit a party or person to file with the U.S. Court of International Trade an appeal of a determination of a binational panel or committee, alleging that a panel or committee determination was based on a misinterpretation of U.S. law, a member of a binational panel or committee is guilty of gross misconduct, bias, or serious conflict of interest, or that the panel or committee seriously departed from a fundamental rule of procedure or exceeded its own authority, and such actions have materially affected panel or committee determinations with respect to antidumping and countervailing duty cases and threaten the integrity of the panel or committee review process. Authorizes a person to commence an action in the U.S. Court of International Trade if such person has requested a panel or committee review of an antidumping or countervailing duty determination, but such panel or committee is not convened within 120 days. Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of a binational panel or an investigating authority.Declares that the amendments made by this Act with respect to antidumping and countervailing duty law shall apply to goods from Canada and Mexico. | {"src": "billsum_train", "title": "To provide for review in the Court of International Trade of certain determinations of binational panels and committees under the North American Free Trade Agreement."} | 1,790 | 297 | 0.70733 | 2.386539 | 0.865277 | 3.495726 | 6.803419 | 0.940171 |
<greek-th> x <greek-th> x
SECTION 1. SHORT TITLE. <greek-th> x
This Act may be cited as the ``National Commission on the
Modernization of the United Nations Act of 2003''.<greek-th> x
SEC. 2. ESTABLISHMENT. <greek-th> x
There is established a commission to be known as the ``National
Commission on the Modernization of the United Nations''.<greek-th> x
SEC. 3. DUTIES OF THE COMMISSION. <greek-th> x
(a) In General.--The Commission shall--<greek-th> x
(1) conduct a study of the areas specified in this
section;<greek-th> x
(2) recommend reforms with respect to such areas;
and<greek-th> x
(3) enumerate methods to implement each
recommendation.<greek-th> x
(b) Study of Extent of Modernization Within Confines of Present
Charter.--The Commission shall--<greek-th> x
(1) study the requirements for and extent to which a
modernization of the organizational structure and practices of
the United Nations can be effectuated that do not require
substantive changes to be made to the Charter of the United
Nations; and<greek-th> x
(2) make recommendations to implement such a
modernization.<greek-th> x
(c) Study of Extent of Modernization Requiring Modifications to
Present Charter.--The Commission shall--<greek-th> x
(1) study the requirements for and extent to which a
modernization of the organizational structure and practices of
the United Nations can only be effectuated by requiring
substantive changes to be made to the Charter, paying
particular attention to the areas of study enumerated in
subsections (d) through (i); and<greek-th> x
(2) make recommendations to implement such a
modernization.<greek-th> x
(d) Study of Member State Principles.--The Commission shall study
the principles to which states should adhere as members of the United
Nations, paying particular attention to the following:<greek-th> x
(1) Whether states that espouse and enforce values that are
counter to the Charter should be permitted to be members of the
United Nations.<greek-th> x
(2) What recourse should be available to the United Nations
to respond to a member state that has engaged in conduct
counter to the Charter.<greek-th> x
(3) What conduct on the part of a member state would
constitute sufficient grounds for--<greek-th> x
(A) expulsion;<greek-th> x
(B) condemnation; or<greek-th> x
(C) sanction.<greek-th> x
(e) Study of Member State Status.--The Commission shall study the
feasibility of mandating the following requirements of member
states:<greek-th> x
(1) Requirement of regular review by the United Nations of
the status of all member states to determine if member states
continue to adhere to the principles outlined in the
Charter.<greek-th> x
(2) Requirement for member states to--<greek-th> x
(A) sign a ``Declaration of Member States''
declaring that the signatory state agrees to adhere to
the principles of United Nations membership;
and<greek-th> x
(B) review the principles of the United Nations to
determine whether the state should withdraw from
membership if the state determines that the United
Nations is not adhering to the implementation of the
Charter.<greek-th> x
(f) Study of Proportional Representation on Principal Organs.--The
Commission shall study the following:<greek-th> x
(1) Whether all states should have one vote in the General
Assembly.<greek-th> x
(2) Whether the United Nations should be structured in a
bi-cameral fashion.<greek-th> x
(g) Study of Organizational and Business Functions.--The Commission
shall study the following:<greek-th> x
(1) Whether auxiliary commissions and organizations of the
United Nations should be funded by member dues.<greek-th> x
(2) Whether such commissions and organizations detract from
the Charter principles by draining resources away from the
primary functions of the United Nations.<greek-th> x
(3) Whether member states can create caucuses and fund them
to deal with matters of common interest without detracting from
the main objectives of the United Nations.<greek-th> x
(h) Study of Use, Structure, and Goals of Peacekeeping and
Humanitarian Efforts.--The Commission shall study the
following:<greek-th> x
(1) Whether the United Nations should maintain a separate
peacekeeping force.<greek-th> x
(2) Identification of successes of past peacekeeping and
humanitarian efforts.<greek-th> x
(i) Study of Enforcement of Resolutions.--The Commission shall
study the credibility of resolutions when the United Nations does not
mandate their absolute obedience.<greek-th> x
SEC. 4. MEMBERSHIP. <greek-th> x
(a) Number and Appointment.--The Commission shall be composed of 9
members appointed from among persons who are not officers or employees
of any government, as follows:<greek-th> x
(1) Two members appointed by the President.<greek-th> x
(2) Two members appointed by the Speaker of the House of
Representatives.<greek-th> x
(3) Two members appointed by the Majority Leader of the
Senate.<greek-th> x
(4) One member appointed by the Minority Leader of the
Senate.<greek-th> x
(5) One member appointed by the Minority Leader of the
House of Representatives.<greek-th> x
(6) One member appointed by the Secretary of
State<greek-th> x
(b) Terms of Office.--<greek-th> x
(1) In general.--Each member shall be appointed for the
life of the Commission.<greek-th> x
(2) Special rule.--A member who is appointed to the
Commission and who subsequently becomes an officer or employee
of any government may not continue as a member.<greek-th> x
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.<greek-th> x
(d) Chairperson.--The Chairperson of the Commission shall be
elected by the members after consultation with the Speaker and minority
leader of the House of Representatives and the majority leader and
minority leader of the Senate. Pending such election, a provisional
Chairperson shall be designated by the President.<greek-th> x
(e) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.<greek-th> x
SEC. 5. DIRECTOR AND STAFF. <greek-th> x
(a) Director.--The Commission shall appoint a Director who shall be
paid at the rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.<greek-th> x
(b) Staff.--<greek-th> x
(1) In general.--Subject to paragraph (2), the Director,
with the approval of the Commission, may appoint and fix the
pay of additional personnel.<greek-th> x
(2) Applicability of certain civil service laws.--The
Director may make such appointments subject to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and any personnel so appointed shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.<greek-th> x
(c) 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 it in carrying out its duties under this
Act.<greek-th> x
(d) 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 duties under
this Act.<greek-th> x
SEC. 6. POWERS OF COMMISSION. <greek-th> x
(a) Meetings.--<greek-th> x
(1) In general.--The Commission shall meet at the call of
the Chairperson.<greek-th> x
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number may hold
hearings.<greek-th> x
(b) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Commission, the head of that department or agency shall furnish that
information to the Commission.<greek-th> x
(c) 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.<greek-th> x
SEC. 7. REPORTS. <greek-th> x
(a) Interim Report.--Within 6 months after the date of the
enactment of this Act, the Commission shall submit to Congress an
interim report on the activities of the Commission under this
Act.<greek-th> x
(b) Final Report.--Not later than 12 months after the date of the
enactment of this Act, the Commission shall submit to Congress a final
report containing a statement of the findings, conclusions, and
recommendations of the Commission.<greek-th> x
SEC. 8. TERMINATION. <greek-th> x
The Commission shall terminate 15 days after submission of its
final report under section 7(b).<greek-th> x
SEC. 9. DEFINITIONS. <greek-th> x
In this Act:<greek-th> x
(1) Charter.--The term ``Charter'' means the Charter of the
United Nations.<greek-th> x
(2) Commission.--The term ``Commission'' means the National
Commission on the Modernization of the United
Nations.<greek-th> x
(3) Member.--The term ``member'' means a member of the
Commission.<greek-th> x <greek-th> x
08 x | National Commission on the Modernization of the United Nations Act of 2003 - Establishes the National Commission on the Modernization of the United Nations to study: (1) the extent of modernization of the organizational structure and practices of the United Nations (UN) that can be effectuated with and without changes to its Charter; (2) the principles to which member states should adhere and the consequences of a state espousing and enforcing values counter to the Charter; (3) the feasibility of mandating each member state to agree to adhere to the principles of UN membership, and to review the principles of the UN to determine whether the state should withdraw if the UN is not adhering to the Charter; (4) whether all states should have one vote in the General Assembly and whether the UN should be structured in a bicameral fashion; (5) whether auxiliary commissions and organizations of the UN should be funded by member dues, whether such entities drain resources away from the primary function of the UN, or whether member states can create and fund caucuses to deal with matters of common interest; (6) whether the UN should have a separate peacekeeping force, while identifying successes of past peacekeeping and humanitarian efforts; and (7) the credibility of resolutions when the UN does not mandate absolute obedience. | {"src": "billsum_train", "title": "To establish the National Commission on the Modernization of the United Nations."} | 3,041 | 272 | 0.479128 | 1.473697 | 0.75191 | 3.471545 | 8.199187 | 0.886179 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Criminal Contempt of
Congress Procedures Act of 2008''.
SEC. 2. ALTERNATE PROCEDURE.
(a) Scope of Application.--If the House of Representatives finds an
officer or employee of the Executive branch, or a former officer or
employee of the Executive branch has violated section 102 of the
Revised Statutes of the United States (2 U.S.C. 192), the procedures of
this Act apply in lieu of the procedures set forth in section 104 of
the Revised Statutes of the United States (2 U.S.C. 194).
(b) Certification by Speaker.--Upon the finding by the House of
Representatives of a violation to which this Act applies, the Speaker
shall certify that finding to the Attorney General for presentation to
a grand jury and to the Special Division of the Court created by this
Act.
(c) Circumstances Leading to Appointment of Special Advocate.--If--
(1) the Attorney General informs the Special Division of
the Court that the Deparment of Justice will not present the
matter to a grand jury because political or institutional
considerations create a conflict that would prevent redress to
an affront to the authority of the House through presentment or
prosecution by the Department of Justice;
(2) the Attorney General informs the Special Division of
the Court that the Department of Justice will not present the
matter to a grand jury for any other reason; or
(3) by the end of the 30th day after the date of receipt of
a certification under subsection (b) the Attorney General has
not presented the matter to a grand jury;
the Special Division of the Court shall appoint a special advocate
under section 3.
SEC. 3. APPOINTMENT, QUALIFICATIONS, AND PROSECUTORIAL JURISDICTION OF
SPECIAL ADVOCATE, AND ADMINISTRATIVE MATTERS RELATING TO
THE SPECIAL ADVOCATE.
(a) Appointment, Qualifications, and Prosecutorial Jurisdiction of
Special Advocate.--
(1) Appointment and qualifications.--The Special Division
of the Court shall appoint the special advocate, who must be an
attorney in good standing with substantial prosecutorial
experience who has not served in any capacity in the
administration of the President who is or was in office when
the Speaker of the House certified the finding of a violation.
(2) Prosecutorial jurisdiction.--The Special Division of
the Court shall define the special advocate's prosecutorial
jurisdiction as comprising the investigation and prosecution of
the alleged violation and any perjury, false statement, and any
obstruction of justice occurring during and in relation to such
investigation and prosecution.
(b) Authority of Special Advocate With Respect to Matters Within
Prosecutorial Jurisdiction.--With respect to all matters in that
special advocate's prosecutorial jurisdiction, a special advocate
appointed under this Act shall have full power and independent
authority to exercise all prosecutorial functions and powers, and any
other functions and powers normally ancillary thereto, of the
Department of Justice, the Attorney General, and any other officer or
employee of the Department of Justice, except that the Attorney General
shall exercise direction or control as to those matters that
specifically require the Attorney General's personal action under
section 2516 of title 18, United States Code.
(c) Salary.--The special advocate shall receive a salary equivalent
to the salary of the United States Attorney for the District of
Columbia.
(d) Staff.--The special advocate may appoint and fix the salaries
of such staff, not to exceed 12 in number, as the special advocate
deems necessary to carry out the functions of the special advocate
under this Act. However, no salary of a member of such staff may exceed
the salary of the special advocate.
(e) Expenses.--The Department of Justice shall pay all costs
relating to the establishment and operation of any office of special
advocate. The Attorney General shall submit to the Congress, not later
than 30 days after the end of each fiscal year, a report on amounts
paid during that fiscal year for expenses of investigations and
prosecutions the special advocate.
(f) Report to Congress.--Each special advocate shall report to
Congress annually on the special advocate's activities under this Act.
The report shall include a description of the progress of any
investigation or prosecution conducted by the special advocate and
provide information justifying the costs of the activities reported on.
SEC. 4. SPECIAL DIVISION OF THE COURT.
(a) Designation.--The Chief Justice shall designate three judges or
justices of the United States, one of whom shall be an active judge of
the United States Court of Appeals for the District of Columbia, to be
the Special Division of the Court for the purposes of this Act. The
Chief Justice shall make the first such designation not later than 45
days after the date of the enactment of this Act.
(b) Special Division To Be a Division Within the United States
Court of Appeals for the District of Columbia Circuit.--The Special
Division of the Court shall be a division within the United States
Court of Appeals for the District of Columbia Circuit.
(c) Length of Designation.--Each designation to the Special
Division of the Court shall be for a term of 2 years, but the Chief
Justice may fill any vacancy arising before the end of a term for the
remainder of that term.
(d) Priority To Be Given to Senior Circuit Judges and Retired
Justices of the United States Supreme Court.--In designating judges and
justices to serve on the Special Division of the Court, the Chief
Justice shall give priority to senior circuit judges and retired
justices of the United States Supreme Court.
(e) Variety of Courts To Be Represented.--Not more than one person
may be designated to such division from a particular court.
SEC. 5. REMOVAL OF SPECIAL ADVOCATE.
(a) In General.--A special advocate may be removed from office,
other than by impeachment and conviction, only by the personal action
of the Attorney General, and only for good cause, physical or mental
disability, or any other condition that impairs the performance of that
special advocate's duties.
(b) Report Upon Removal.--If a special advocate is removed from
office, the Attorney General shall promptly submit to the Special
Division of the Court and the Congress a report specifying the facts
found and the ultimate grounds for the removal.
(c) Judicial Review of Removal.--A special advocate removed from
office may obtain judicial review of the removal in a civil action
commenced in the United States District Court for the District of
Columbia. A member of the Special Division of the Court may not hear or
determine any such civil action or any appeal of a decision in any such
civil action. The special advocate may be reinstated or granted other
appropriate relief by order of the court.
SEC. 6. TERMINATION OF SPECIAL ADVOCATE'S AUTHORITY.
(a) In General.--The authority of the special advocate shall cease
two years after the date of the special advocates appointment, but the
Special Division of the Court may extend that authority for an
additional period not to exceed one year, if the court finds good cause
to do so. Good cause to do so includes that the investigation or
prosecution undertaken by the special advocate has been delayed by
dilatory tactics by persons who could provide evidence that would
significantly assist the investigation or prosecution, and also
includes the need to allow the special advocate to participate in any
appellate proceedings related to prosecutions engaged in by the special
advocate.
(b) Termination by Special Division of the Court.--The Special
Division of the court, either on its own motion or upon the request of
the Attorney General, may terminate an office of special advocate at
any time, on the ground that the investigation of all matters within
the prosecutorial jurisdiction of such special advocate, and any
resulting prosecutions, have been completed or so substantially
completed that it would be appropriate for the Department of Justice to
complete such investigations and prosecutions.
SEC. 7. EFFECTIVE DATE.
This Act takes effect on January 20, 2009. | Special Criminal Contempt of Congress Procedures Act of 2008 - Establishes alternate procedures for the prosecution of current or former officers or employees of the executive branch found in contempt of Congress for refusal to testify or produce documents in response to a congressional subpoena.
Establishes a Special Division of the U.S. Supreme Court to hear such criminal contempt cases. Requires the Chief Justice of the U.S. Supreme Court to designate three judges or justices, one of whom shall be an active judge of the U.S. Court of Appeals for the District of Columbia, to serve on the Special Division. Requires the Special Division to appoint a special advocate to serve as the prosecuting attorney in criminal contempt cases after the Attorney General declines to present such cases to a grand jury. Grants full power and independent authority to the special advocate to exercise all prosecutorial functions and powers.
Sets forth provisions for the removal of the special advocate and the termination of the special advocate's authority.
Makes this Act effective on January 20, 2009. | {"src": "billsum_train", "title": "To provide an alternate procedure for the prosecution of certain criminal contempts referred for prosecution by the House of Representatives, and for other purposes."} | 1,786 | 232 | 0.608421 | 1.829686 | 0.782843 | 3.248677 | 8.460317 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reform Health Care Now Act''.
SEC. 2. SENATE CONSIDERATION OF HEALTH CARE REFORM LEGISLATION.
(a) Introduction.--
(1) In general.--Not later than 30 calendar days after the
commencement of the session of Congress that follows the date
of enactment of this Act, the chair of the Senate Committee on
Health, Education, Labor, and Pensions, the Chair of the Senate
Committee on Finance, the Majority Leader of the Senate, and
the Minority Leader of the Senate shall each introduce a bill
to provide a significant increase in access to health care
coverage for the people of the United States.
(2) Minority party.--These bills may be introduced by
request and only 1 qualified bill may be introduced by each
individual referred to in paragraph (1) within a Congress. If
either committee chair fails to introduce the bill within the
30-day period, the ranking minority party member of the
respective committee may instead introduce a bill that will
qualify for the expedited procedure provided in this section.
(3) Qualified bill.--
(A) In general.--In order to qualify as a qualified
bill--
(i) the title of the bill shall be ``To
reform the health care system of the United
States and to provide insurance coverage for
Americans.'';
(ii) the bill shall reach the goal of
providing health care coverage to 95 percent of
Americans within 10 years; and
(iii) the bill shall be deficit neutral.
(B) Determination.--Whether or not a bill meets the
criteria in subparagraph (A) shall be determined by the
Chair of the Senate Budget Committee, relying on
estimates of the Congressional Budget Office, subject
to the final approval of the Senate.
(b) Referral.--
(1) Committee bills.--Upon introduction, the bill authored
by the Chair of the Senate Committee on Finance shall be
referred to that Committee and the bill introduced by the Chair
of the Senate Committee on Health, Education, Labor, and
Pensions shall be referred to that committee. If either
committee has not reported the bill referred to it (or another
qualified bill) by the end of a 60 calendar-day period
beginning on the date of referral, the committee is, as of that
date, automatically discharged from further consideration of
the bill, and the bill is placed directly on the chamber's
legislative calendar. In calculating the 60-day period,
adjournments for more than 3 days are not counted.
(2) Leader bills.--The bills introduced by the Senate
Majority Leader and the Senate Minority Leader shall, on
introduction, be placed directly on the Senate Calendar of
Business.
(c) Motion to Proceed.--
(1) In general.--On or after the third day following the
committee report or discharge or upon a bill being placed on
the calendar under subsection (b)(2), it shall be in order for
any Member, after consultation with the Majority Leader, to
move to proceed to the consideration of any qualified bill.
Notice shall first be given before proceeding. This motion to
proceed to the consideration of a bill can be offered by a
Member only on the day after the calendar day on which the
Member announces the Member's intention to offer it.
(2) Consideration.--The motion to proceed to a given
qualified bill can be made even if a motion to the same effect
has previously been rejected. No more than 3 such motions may
be made, however, in any 1 congressional session.
(3) Privileged and nondebatable.--The motion to proceed is
privileged, and all points of order against the motion to
proceed to consideration and its consideration are waived. The
motion is not debatable, is not amendable, and is not subject
to a motion to postpone.
(4) No other business or reconsideration.--The motion is
not subject to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the
motion to proceed is agreed to or disagreed to is not in order.
(d) Consideration of Qualified Bill.--
(1) In general.--If the motion to proceed is adopted, the
chamber shall immediately proceed to the consideration of a
qualified bill without intervening motion, order, or other
business, and the bill remains the unfinished business of the
Senate until disposed of. A motion to limit debate is in order
and is not debatable.
(2) Only business.--The qualified bill is not subject to a
motion to postpone or a motion to proceed to the consideration
of other business before the bill is disposed of.
(3) Relevant amendments.--Only relevant amendments may be
offered to the bill.
SEC. 3. HOUSE CONSIDERATION OF HEALTH CARE REFORM LEGISLATION.
(a) Introduction.--
(1) In general.--Not later than 30 calendar days after the
commencement of the session of Congress that follows the date
of enactment of this Act, the chair of the House Committee on
Energy and Commerce, the chair of the House Committee on Ways
and Means, the Majority Leader of the House, and the Minority
Leader of the House shall each introduce a bill to provide a
significant increase in access to health care coverage for the
people of the United States.
(2) Minority party.--These bills may be introduced by
request and only 1 qualified bill may be introduced by each
individual referred to in paragraph (1) within a Congress. If
either committee chair fails to introduce the bill within the
30-day period, the ranking minority party member of the
respective committee may, within the following 30 days, instead
introduce a bill that will qualify for the expedited procedure
provided in this section.
(3) Qualified bill.--
(A) In general.--To qualify for the expedited
procedure under this section as a qualified bill, the
bill shall--
(i) reach the goal of providing healthcare
coverage to 95 percent of Americans within 10
years; and
(ii) be deficit neutral.
(B) Determination.--Whether or not a bill meets the
criteria in subparagraph (A) shall be determined by the
Speaker's ruling on a point of order based on a
Congressional Budget Office estimate of the bill.
(b) Referral.--
(1) Committee bills.--Upon introduction, the bill authored
by the Chair of the House Committee on Energy and Commerce
shall be referred to that committee and the bill introduced by
the Chair of the House Committee on Ways and Means shall be
referred to that committee. If either committee has not
reported the bill referred to it (or another qualified bill) by
the end of 60 days of consideration beginning on the date of
referral, the committee shall be automatically discharged from
further consideration of the bill, and the bill shall be placed
directly on the Calendar of the Whole House on the State of the
Union. In calculating the 60-day period, adjournments for more
than 3 days are not counted.
(2) Leader bills.--The bills introduced by the House
Majority Leader and House Minority Leader will, on
introduction, be placed directly on the Calendar of the Whole
House on the State of the Union.
(c) Motion to Proceed.--
(1) In general.--On or after the third day following the
committee report or discharge or upon a bill being placed on
the calendar under subsection (b)(2), it shall be in order for
any Member, after consultation with the Majority Leader, to
move to proceed to the consideration of any qualified bill.
Notice must first be given before proceeding. This motion to
proceed to the consideration of a bill can be offered by a
Member only on the day after the calendar day on which the
Member announces the Member's intention to offer it.
(2) Consideration.--The motion to proceed to a given
qualified bill can be made even if a motion to the same effect
has previously been rejected. No more than 3 such motions may
be made, however, in any 1 congressional session.
(3) Privileged and nondebatable.--The motion to proceed is
privileged, and all points of order against the motion to
proceed to consideration and its consideration are waived. The
motion is not debatable, is not amendable, and is not subject
to a motion to postpone.
(4) No other business or reconsideration.--The motion is
not subject to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the
motion to proceed is agreed to or disagreed to is not in order.
(d) Consideration of a Qualified Bill.--
(1) In general.--If the motion to proceed is adopted, the
chamber will immediately proceed to the consideration of a
qualified bill without intervening motion, order, or other
business, and the bill remains the unfinished business of the
House until disposed of.
(2) Committee of the whole.--The bill will be considered in
the Committee of the Whole under the 5-minute rule, and the
bill shall be considered as read and open for amendment at any
time.
(3) Limit debate.--A motion to further limit debate is in
order and is not debatable.
(4) Relevant amendments.--Only relevant amendments may be
offered to the bill. | Reform Health Care Now Act - Requires the chairs of specified congressional committees, within 30 calendar days after the commencement of the session of Congress following the enactment of this Act, each to introduce a bill to provide a significant increase in access to health care coverage for the people of the United States.
Authorizes the ranking minority party member of a committee, if the chair fails to introduce the bill within the 30-day period, to introduce one that will qualify for the expedited procedure provided in this Act.
Qualifies a bill if: (1) its title reads "to reform the health care system of the United States and to provide insurance coverage for Americans;" (2) it reaches the goal of providing health care coverage to 95 % of Americans within 10 years; and (3) it is deficit neutral.
Sets forth procedures for expedited consideration of such legislation in both chambers. | {"src": "billsum_train", "title": "A bill to establish an expedited procedure for congressional consideration of health care reform legislation."} | 2,014 | 191 | 0.671861 | 1.841117 | 0.884276 | 4.114943 | 10.787356 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cleaner, Secure, and Affordable
Thermal Energy Act''.
SEC. 2. CREDIT FOR CONVERSION OF HOME HEATING USING OIL FUEL TO USING
NATURAL GAS OR BIOMASS FEEDSTOCKS.
(a) In General.--Subsection (a) of section 25C of the Internal
Revenue Code of 1986 (relating to nonbusiness energy property) is
amended by striking ``and'' at the end of paragraph (1), by striking
the period at the end of paragraph (2) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(3) the amount of the residential energy property
expenditures paid or incurred by the taxpayer during such
taxable in a qualifying heating conversion.''.
(b) Dollar Limitation.--
(1) In general.--Subsection (b) of section 25C of the
Internal Revenue Code of 1986 is amended to read as follows:
``(b) Limitations.--
``(1) General limitation.--The aggregate amount of the
credits allowed under this section by reason of paragraphs (1)
and (2) of subsection (a) for taxable years beginning in 2009
and 2010 with respect to any taxpayer shall not exceed $1,500.
``(2) Qualifying heating conversions.--The aggregate amount
of the credits allowed under this section by reason of
paragraph (3) of subsection (a) for taxable years beginning in
2009, 2010, and 2011 with respect to any taxpayer shall not
exceed $3,500 ($4,000 in the case of any qualifying heating
conversion using biomass heating appliances described in
subsection (d)(3)(E)).''.
(2) No double counting.--Section 25C(e) of such Code
(relating to special rules) is amended by adding at the end the
following new paragraph:
``(3) No double counting.--No amount taken into account for
purposes of determining a credit under this section by reason
of paragraph (3) of subsection (a) shall be taken into account
for purposes of determining a credit under this section by
reason of paragraphs (1) and (2) of subsection (a).''.
(c) Qualifying Heating Conversion.--Section 25C(d) of the Internal
Revenue Code of 1986 (relating to residential energy property
expenditures) is amended by adding at the end the following new
paragraph:
``(7) Qualifying heating conversion.--
``(A) In general.--The term `qualifying heating
conversion' means the use of qualified energy property
described in subparagraph (C) to eliminate the reliance
on fuel oil for a heating system and the removal of the
fuel oil equipment (including any storage tank).
``(B) Treatment of certain expenditures.--For
purposes of a qualifying heating conversion, the term
`residential energy property expenditures' includes
fuel service connection installation costs specifically
related to fuel service to the qualified energy
property used in such conversion, but does not include
expenditures for soil cleanup.
``(C) Qualified energy property.--For purposes of
subparagraph (A), qualified energy property is
described in this subparagraph if such property is--
``(i) a qualified natural gas hot water
boiler as defined in paragraph (4)(B) by
substituting `85 percent' for `90 percent',
``(ii) a qualified natural gas furnace as
defined in paragraph (4)(A) by substituting `92
percent' for `95 percent', or
``(iii) a biomass heating appliance
described in paragraph (3)(E).''.
(d) Biomass Heating Appliance.--Subparagraph (E) of section
25C(d)(3) of the Internal Revenue Code of 1986 (defining energy-
efficient building property) is amended to read as follows:
``(E) a biomass heating appliance, including a
stove, boiler, or furnace, which uses the burning of
biomass fuel to heat a unit or to heat water for use in
such unit, and which has a thermal efficiency rating of
at least 75 percent, as measured using a lower heating
value.''.
(e) Application of Credit.--Subsection (g) of section 25C of the
Internal Revenue Code of 1986 (relating to termination) is amended to
read as follows:
``(g) Termination.--This section shall not apply with respect to
any property placed in service--
``(1) except as provided in paragraph (2), after December
31, 2010, and
``(2) with respect to any qualifying heating conversion,
after December 31, 2011.''.
(f) 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. BONUS DEPRECIATION FOR QUALIFYING HEATING CONVERSION PROPERTY.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end the following new subsection:
``(o) Special Allowance for Qualifying Heating Conversion
Property.--
``(1) In general.--In the case of any qualifying heating
conversion property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 50 percent of the adjusted basis of
the qualifying heating conversion property, and
``(B) the adjusted basis of the qualifying heating
conversion property shall be reduced by the amount of
such deduction before computing the amount otherwise
allowable as a depreciation deduction under this
chapter for such taxable year and any subsequent
taxable year.
``(2) Qualifying heating conversion property.--For purposes
of this subsection, the term `qualifying heating conversion
property' means any property placed in service before January
1, 2012, which is used in a qualifying heating conversion (as
defined in section 25C(d)(7), except that such conversion
includes the use of a commercial natural gas hot water boiler
or commercial natural gas furnace whose efficiency is not
measured based on an annual fuel utilization efficiency rate
but which has a combustion efficiency comparable to the
efficiency rate specified under clause (i) or (ii) of section
25C(d)(7)(C) as the Secretary shall determine (in consultation
with the Department of Energy)).''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after the date of the enactment of this
Act.
SEC. 4. QUALIFIED ENERGY CONSERVATION BONDS FOR QUALIFYING HEATING
CONVERSIONS.
(a) In General.--Clause (i) of section 54D(f)(1)(A) of the Internal
Revenue Code of 1986 (defining qualified conservation purpose) is
amended by inserting ``or reducing reliance on oil for heating systems
in publicly-owned buildings by implementing qualifying heating
conversions (as defined in section 25C(d)(7), except that such a
conversion includes the use of a commercial natural gas hot water
boiler or commercial natural gas furnace whose efficiency is not
measured based on an annual fuel utilization efficiency rate but which
has a combustion efficiency comparable to the efficiency rate specified
under clause (i) or (ii) of section 25C(d)(7)(C) as the Secretary shall
determine (in consultation with the Department of Energy))'' after ``20
percent''.
(b) Effective Date.--The amendment made by this section shall apply
to obligations issued after the date of the enactment of this Act.
SEC. 5. EXTENSION OF REDUCED DEPRECIATION PERIOD FOR NATURAL GAS
DISTRIBUTION FACILITIES.
(a) In General.--Clause (viii) of section 168(e)(3)(E) of the
Internal Revenue Code of 1986 (defining 15-year property) is amended to
read as follows:
``(viii) any natural gas distribution
facility the original use of which commences
with the taxpayer after April 11, 2005, and
which is placed in service before January 1,
2013, and''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the amendments made section 1325(a) of the
Energy Tax Incentives Act of 2005. | Cleaner, Secure, and Affordable Thermal Energy Act - Amends the Internal Revenue Code to: (1) allow a tax credit for residential energy property expenditures to convert a home heating system using oil fuel to a system using natural gas boilers and furnaces and biomass heating appliances; (2) allow bonus depreciation of property used to convert a home heating system; (3) allow the use of tax-exempt energy conservation bonds to finance conversions of fuel oil heating systems; and (4) extend through 2012 accelerated depreciation for natural gas distribution facilities. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a credit for the conversion of heating using oil fuel to using natural gas or biomass feedstocks, and for other purposes."} | 1,849 | 119 | 0.512335 | 1.276278 | 0.471552 | 2.152381 | 15.590476 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preparing Excellent Teachers Act of
2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The shortage of qualified teachers in the United States
has reached critical levels.
(2) Education experts agree that looming teacher retirement
and shortages of effective teachers in low-performing schools
create a great demand for quality teachers.
(3) Nearly 50 percent of new teachers leave in the first 5
years.
(4) These numbers have a direct impact on the quality of
the education of the children of the United States.
(5) Inexperienced teachers are less effective than teachers
with several years of experience. Successful teacher
preparation programs, providing ongoing support, can make
novice teachers effective more rapidly. The majority of new
teachers lack such support, and so leave the profession before
becoming effective.
(6) Teacher candidates must see expert practices modeled
and must then practice them with ongoing mentoring support.
Teacher preparation often fails to provide the opportunity to
learn under the direct supervision of expert teachers working
in schools that effectively serve high-need students. Student
teaching is too often conducted in classrooms that do not model
effective practice, or in classrooms that do not serve high-
need students, and the lessons learned do not generalize to
effective teaching in high-need schools.
(7) It is critical to develop programs that increase the
probability recruits will succeed and stay in the high-need
classrooms where they are needed. Because many teacher
candidates choose to teach where they grew up or went to
college, it is important to have strong programs in hard-to-
staff urban and rural locations. Teacher residency programs
effectively build teacher supply, since they recruit and
prepare candidates in the districts that sponsor them. Teacher
residency programs have demonstrated the capacity to recruit,
prepare, retain, and provide effective support for teachers in
high-need schools.
SEC. 3. GRANTS FOR TEACHER RESIDENCY PROGRAMS.
(a) In General.--Part C of title II of the Elementary and Secondary
Education Act of 1965 is amended by adding at the end the following:
``Subpart 6--Teacher Residency Programs
``SEC. 2371. GRANTS FOR TEACHER RESIDENCY PROGRAMS.
``(a) In General.--From amounts made available to carry out this
section, the Secretary shall make grants to high-need local educational
agencies to assist such agencies to establish and support teacher
residency programs. Such agencies are encouraged to work with non-
profit community-based organizations that have experience in teacher
residency programs.
``(b) Teacher Residency Programs.--
``(1) Definition.--For purposes of this section, the term
`teacher residency program' means a school-based teacher
preparation program in which a prospective teacher--
``(A) teaches alongside a teacher of record (who is
designated as the mentor teacher) for at least 1
academic year;
``(B) receives coursework in the teaching of the
content area in which the teacher will become certified
to teach;
``(C) receives instruction in planning, content,
pedagogy, student learning, and assessment, management
of the classroom environment, and professional
responsibilities, including interaction with families
and colleagues and use of assessment data to modify and
improve instruction;
``(D) attains full State certification to teach
prior to completion of the program; and
``(E) receives a midpoint review.
``(2) Design.--To receive assistance under this section, a
teacher residency program shall be designed to meet the
following characteristics of successful programs:
``(A) Teacher residency programs integrate pedagogy
and classroom practice by partnering with institutions
of higher education to ensure residents engage in
rigorous master's level coursework while undertaking a
guided teaching apprenticeship. Lessons learned from
the residency program will be used to inform teacher
training at the institution of higher education.
``(B) Residents teach alongside an experienced
mentor teacher. Experienced mentor teachers complement
the residency program so that classroom clinical
practice is tightly aligned with coursework.
Experienced mentor teachers may receive additional
compensation for participating in the program.
``(C) Experienced mentor teachers shall have extra
responsibilities as teacher leaders of the teacher
residency program, as mentors for residents, and as
teacher coaches during the induction of novice
teachers. These responsibilities include establishing,
within the program, a learning community in which all
individuals are expected to continually improve their
capacity to advance student learning.
``(D) The director of the teacher residency program
shall establish and publish clear criteria for
selection of experienced mentor teachers based on
measures of teacher effectiveness and the appropriate
subject area knowledge. Evaluation of teacher
effectiveness shall be based on observation of domains
including each of the following:
``(i) Planning and preparation, including
demonstrated knowledge of content, pedagogy,
and assessment, including the use of formative
assessment to improve student learning.
``(ii) Appropriate instruction that engages
students with different learning styles.
``(iii) Collaboration with colleagues to
improve instruction.
``(iv) Appropriate and fair analysis of
gains in student learning. When feasible, this
shall include valid and reliable objective
measure of the influence of teachers on the
rate of student academic progress.
``(E) Teacher residency programs group teacher
candidates in cohorts to facilitate professional
collaboration among residents.
``(F) Teacher residency programs admissions goals
and priorities are developed in concert with the hiring
objectives of the local educational agency, which
commits to hire graduates from the residency program.
Residents learn to teach in the same district in which
they will work, learning the instructional initiatives
and curriculum of the district.
``(G) Teacher residency programs support residents
once they are hired as teachers of record. Residencies
continue to provide professional development and
networking opportunities to support residents through
their first years of teaching.
``(3) Experienced mentor teacher defined.--In this section,
the term `experienced mentor teacher' means a teacher who--
``(A) has at least five years teaching experience
teaching in a school in the high-need local educational
agency that is the recipient of a grant under this
section; and
``(B) has a masters degree in education or
teaching.
``(c) Persons Eligible To Participate.--To be eligible to
participate in a teacher residency program under this section, a mid-
career professional or recent college graduate shall become enrolled
simultaneously in a masters degree program in education or teaching in
a university or college that--
``(1) has entered into a written agreement relating to such
program with the high-need local educational agency that is the
recipient of a grant under this section; and
``(2) is accredited by the Council of Higher Education
Accreditation and the accrediting agency in the State in which
the high-need local educational agency is located, if any.
``(d) Participants To Receive Practical Experience.--A participant
in a teacher residency program under this section shall, under the
supervision of an experienced mentor teacher, complete not fewer than
ten months teaching a class containing not more than 30 students in a
school chosen by the high-need local educational agency that is the
recipient of a grant under this section.
``(e) Participant To Agree To Be Placed in a School.--A participant
in a teacher residency program under this section shall agree in
writing to be placed, after successfully completing the program, as a
teacher in a school chosen by the high-need local educational agency.
Such placement shall be for a period of at least 5 academic years
beginning with the academic year that begins after the participant
successfully completes the program. The school chosen for the placement
shall be in a high-need, underserved area. A participant who fails to
complete the period of the placement (or the first 5 academic years of
the placement, if the period is more than 5 academic years) is required
to pay back the cost of the training.
``(f) Amount, Number, and Distribution of Grants.--
``(1) Amount.--A grant under this section shall be for a
period of three years, and shall include $2,500,000 for the
first year, $1,500,000 for the second year, and $1,000,000 for
the third year.
``(2) Number.--The Secretary may not make more than ten
such grants each fiscal year, beginning with fiscal year 2008.
``(3) Distribution.--A high-need local educational agency
may receive not more than one grant in each fiscal year.
``(g) Application.--To receive a grant under this section, a high-
need local educational agency shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may prescribe.
``(h) Selection.--The Secretary shall award grants under this
section on a competitive basis.
``(i) Evaluation.--Of the amounts appropriated to carry out this
section, the Secretary shall reserve up to 5 percent for an evaluation
of the effectiveness of the program established under this section, in
relation to the effectiveness of other programs that prepare teachers
for employment with high-need schools and high-need local educational
agencies, including, where feasible, value-added measures of learning
gains of students taught by graduates of each teacher residency
Program, to be conducted by the Institute of Education Sciences, the
National Science Foundation, or the National Academy of Sciences, at
the direction of the Secretary. Not later than 5 years after the date
of the enactment of this section, the Secretary shall make the results
of the evaluation public.
``(j) Matching Funds.--A high-need local educational agency that
receives a grant under this section shall provide matching funds in an
amount equal to 50 percent of grant funds provided to the agency under
this section to carry out the activities supported by the grant, which
may be provided by community partners, institutions of higher
education, or others.
``(k) High-Need Local Educational Agency Defined.--In this section,
the term `high-need local educational agency' means a local educational
agency--
``(1) that is among the highest 20 percent of local
educational agencies in the State in terms of percentage of
students from families with incomes below the poverty line (as
defined in section 9101(33) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(33)));
``(2) that is among the lowest 20 percent of local
educational agencies in the State on assessments required under
part A of title I, or, where feasible, the lowest 20 percent of
local educational agencies in the State in terms of measures of
teaching effectiveness; and
``(3) for which there is a high percentage of classes
taught by teachers not teaching in the academic subjects or
grade levels that the teachers were prepared to teach.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $50,000,000 for each of fiscal years 2008
through 2012 to carry out this section. Amounts appropriated are
authorized to remain available until expended, and may be used by the
Secretary to make additional grants, in accordance with this section,
in a fiscal year beginning with fiscal year 2013.''.
(b) Clerical Amendment.--The table of contents for that Act is
amended by inserting after the item relating to section 2368 the
following:
``subpart 6--teacher residency programs
``Sec. 2371. Grants for teacher residency programs.''. | Preparing Excellent Teachers Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make competitive, three-year, matching grants to high-need local educational agencies (LEAs) to establish and support teacher residency programs under which residents engage in rigorous master's level coursework at a college or university with which the LEA has an agreement while undertaking a guided teaching apprenticeship alongside a mentor teacher.
Requires mentor teachers to have at least five years of teaching experience at a school in the high-need LEA and a master's degree in education or teaching.
Requires program participants to attain full state teaching certification prior to completing the program and accept placement for at least five academic years thereafter in a school chosen by the high-need LEA. | {"src": "billsum_train", "title": "To direct the Secretary of Education to make grants to high-need local educational agencies to establish teaching residency programs."} | 2,492 | 177 | 0.511657 | 1.589648 | 0.76238 | 3.146667 | 16.08 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training and Education for American
Workers Act of 2000''.
SEC. 2. USE OF H-1B NONIMMIGRANT PETITIONER FEES.
Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916 note) is amended to read as
follows:
``(c) Demonstration Programs and Projects To Provide Technical
Skills Training for Workers; Loan Forgiveness for Mathematics, Science,
and Reading Teachers.--
``(1) Technical skills training for workers.--
``(A) In general.--The Secretary of Labor shall use
75 percent of the funds made available under section
286(s)(2) of the Immigration and Nationality Act (8
U.S.C. 1356(s)(2)) to establish demonstration programs
or projects to provide technical skills training for
employed and unemployed workers for any skill shortage
related to a specialty occupation (as defined in
section 214(i)(1) of the Immigration and Nationality
Act (8 U.S.C. 1184(i)(1)).
``(B) Grants.--The Secretary of Labor shall award
grants to carry out programs or projects described in
subparagraph (A) to--
``(i) local workforce investment boards
established under section 117 of the Workforce
Investment Act of 1998 (29 U.S.C. 2832);
``(ii) regional consortia of local boards
described in clause (i); or
``(iii) in conjunction with, and with the
active participation of, local boards described
in clause (i), consortia (which may be local,
regional, or multistate consortia)--
``(I) a majority of whose members
are a business or represent a business;
and
``(II) whose membership may include
representatives of State and local
governments, community-based
organizations (as defined in section
101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801)), educational
institutions, and labor organizations
(for a local area, as defined in such
section 101, in which employees are
represented by labor organizations),
nominated by local labor federations,
or (for a local area, as so defined, in
which no employees are represented by
such organizations), other
representatives of employees.
``(C) Priority projects.--In awarding grants under
subparagraph (B), the Secretary of Labor shall give
priority to programs or projects that train employed
and unemployed workers in skills that are in shortage
in the high technology, information technology, and
biotechnology fields, including software and
communications services, telecommunications, systems
installation and integration, computers and
communications hardware, health care technology,
biotechnology, and biomedical research, manufacturing,
and innovation services.
``(D) Grant application requirements.--An
application for a grant under this paragraph shall
include--
``(i) specific goals for each program or
project for which funds are sought, including
targets for measurable increases in skill gains
for those individuals being trained under the
program or project; and
``(ii) an agreement that the program or
project shall be subject to evaluations by the
Secretary of Labor to measure its
effectiveness.
``(E) Matching funds.--Each grantee receiving funds
under this paragraph shall demonstrate the manner by
which the grantee will provide matching resources (in
the form of cash, in-kind contributions, or both) equal
to at least 25 percent of the total grant amount
awarded.
``(F) Target population.--Each grantee receiving
funds under this paragraph shall make efforts actively
to recruit and train individuals who traditionally are
underrepresented in information technology occupations,
such as minorities, women, low-wage workers, workers
residing in empowerment zones and enterprise
communities (as defined in section 1393(b) of the
Internal Revenue Code of 1986), and individuals with a
disability.
``(2) Loan forgiveness for mathematics, science, and
reading teachers.--
``(A) In general.--Notwithstanding any other
provision of law, the Secretary of Labor shall transfer
to the Secretary of Education 25 percent of the funds
made available to the Secretary of Labor under section
286(s)(2) of the Immigration and Nationality Act (8
U.S.C. 1356(s)(2)).
``(B) Use of funds.--The Secretary of Education
shall use funds made available under subparagraph (A)
to carry out section 3 of the Training and Education
for American Workers Act of 2000.''.
SEC. 3. LOAN FORGIVENESS PROGRAM FOR MATHEMATICS, SCIENCE, AND READING
TEACHERS.
(a) Program.--
(1) In general.--The Secretary of Education (in this
section referred to as the ``Secretary'') shall carry out a
program of assuming the obligation to repay, pursuant to
subsection (c), a loan made, insured, or guaranteed under part
B of title IV of the Higher Education Act of 1965 or part D of
such title (excluding loans made under sections 428B and 428C
of such Act or comparable loans made under part D of such
title) for any new borrower after October 1, 1998, who--
(A) has been employed, for 3 consecutive complete
school years, as--
(i) a full-time teacher of mathematics,
science, or a related field; or
(ii) a full-time teacher responsible for
providing reading instruction in any of grades
kindergarten through 3d grade;
(B) satisfies the requirements of subsection (d);
and
(C) is not in default on a loan for which the
borrower seeks forgiveness.
(2) Award basis; priority.--
(A) Award basis.--Subject to subparagraph (B), loan
repayment under this section shall be on a first-come,
first-serve basis and subject to the availability of
appropriations.
(B) Priority.--The Secretary shall give priority in
providing loan repayment under this section for a
fiscal year to student borrowers who received loan
repayment under this section for the preceding fiscal
year.
(3) Regulations.--The Secretary is authorized to prescribe
such regulations as may be necessary to carry out the
provisions of this section.
(b) Loan Repayment.--
(1) Eligible amount.--The amount the Secretary may repay on
behalf of any individual under this section shall not exceed--
(A) the sum of the principal amounts outstanding
(not to exceed $3,000) of the individual's qualifying
loans at the end of 3 consecutive complete school years
of service described in subsection (a)(1)(A);
(B) an additional portion of such sum (not to
exceed $1,000) at the end of each of the next 2
consecutive complete school years of such service; and
(C) a total of not more than $5,000.
(2) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made under part B or D of title IV of the Higher Education Act
of 1965.
(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
(c) Repayment to Eligible Lenders.--The Secretary shall pay to each
eligible lender or holder for each fiscal year an amount equal to the
aggregate amount of loans which are subject to repayment pursuant to
this section for such year.
(d) Application for Repayment.--
(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
(2) Conditions.--
(A) Years of service.--An eligible individual may
apply for loan repayment under this section after
completing the required number of years of qualifying
employment.
(B) Fully qualified teachers in public elementary
or secondary schools.--An application for loan
repayment under this section shall include such
information as is necessary to demonstrate that the
applicant--
(i) if teaching in a public elementary,
middle, or secondary school (other than as a
teacher in a public charter school), has
obtained State certification as a teacher
(including certification obtained through
alternative routes to certification) or
passed the State teacher licensing exam and holds a license to teach in
such State; and
(ii) if teaching in--
(I) a public elementary school,
holds a bachelor's degree and
demonstrates knowledge and teaching
skills in reading, writing,
mathematics, science, and other areas
of the elementary school curriculum; or
(II) a public middle or secondary
school, holds a bachelor's degree and
demonstrates a high level of competency
in all subject areas in which he or she
teaches through--
(aa) a high level of
performance on a rigorous State
or local academic subject areas
test; or
(bb) completion of an
academic major in each of the
subject areas in which he or
she provides instruction.
(C) Teachers in nonprofit private elementary or
secondary schools or charter schools.--In the case of
an applicant who is teaching in a nonprofit private
elementary or secondary school, or in a charter school,
an application for loan repayment under this section
shall include such information as is necessary to
demonstrate that the applicant has knowledge and
teaching skills in reading, writing, and mathematics,
as certified by the chief administrative officer of the
school.
(e) Treatment of Consolidation Loans.--A loan amount for a
consolidation loan made under section 428C of the Higher Education Act
of 1965, or a Federal Direct Consolidation Loan made under part D of
title IV of such Act, may be a qualified loan amount for the purpose of
this section only to the extent that such loan amount was used by a
borrower who otherwise meets the requirements of this section to
repay--
(1) a loan made under section 428 or 428H of such Act; or
(2) a Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan, made under part D of title IV of
such Act.
(f) Funds for Program.--The Secretary shall carry out this section
with funds made available under section 414(c)(2) of the American
Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916
note).
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
October 1, 2000. | Directs the Secretary of Labor to: (1) use 75 percent of such funds to award grants to provide such training for any skill shortage related to a specialty occupation, as defined under the Immigration and Nationality Act; and (2) transfer 25 percent of such funds to the Secretary of Education for a student loan forgiveness program for mathematics, science, and reading teachers.
Revises such training grant eligibility provisions. Requires certain eligible local, regional, or multi-State consortia to act in conjunction with, and with the active participation of, eligible local workforce investment boards. Requires 25 percent matching funds from grantees.
Gives priority for such training grants to programs or projects that train employed and unemployed workers in skills that are in shortage in the high technology, information technology, and biotechnology fields, including software and communications services, telecommunications, systems installation and integration, computers and communications hardware, health care technology, biotechnology, and biomedical research, manufacturing, and innovation services.
Requires grantees to make active efforts to recruit and train individuals traditionally underrepresented in information technology occupations, such as minorities, women, low-wage workers, workers residing in empowerment zones and enterprise communities, and individuals with a disability.
Establishes such student loan forgiveness program, for specified loans made under the Higher Education Act of 1965 (HEA), for new borrowers after October 1, 1998, who have been employed as full-time teachers of mathematics, science, or a related field, or have been full-time teachers responsible for providing reading instruction in any of grades kindergarten through third grade, for three consecutive complete school years.
Sets forth various qualifications which loan forgiveness applicants must demonstrate with respect to their being fully qualified teachers in: (1) public elementary or secondary schools; or (2) nonprofit private elementary or secondary schools or charter schools. | {"src": "billsum_train", "title": "Training and Education for American Workers Act of 2000"} | 2,324 | 388 | 0.573311 | 1.890145 | 0.85037 | 4.109551 | 5.994382 | 0.924157 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Frederick Douglass Bicentennial
Commission Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Born into slavery on the Eastern Shore of Maryland in
1818 and given the name Frederick Augustus Washington Bailey
after his mother Harriet Bailey, Frederick Douglass has been
called the father of the civil rights movement.
(2) Douglass rose through determination, brilliance, and
eloquence to shape the American Nation. He was an abolitionist,
human rights and women's rights activist, orator, author,
journalist, publisher, and social reformer.
(3) Taught basic reading skills by his mistress until she
was forced to stop, Douglass continued to teach himself to read
and write and taught other slaves to read despite risks
including death.
(4) During the course of his remarkable life Frederick
Douglass escaped from slavery, became internationally renowned
for his eloquence in the cause of liberty, and went on to serve
the national government in several official capacities.
(5) Forced to leave the country to avoid arrest as an
escaped slave, he returned to become a staunch advocate of the
Union cause and helped recruit African-American troops for the
Union Army, including two of his sons, Charles and Lewis
Douglass. His personal relationship with Abraham Lincoln helped
persuade the President to make emancipation a cause of the
Civil War.
(6) With the abolition of slavery at the close of the Civil
War, Douglass then turned his attention to the full integration
of African-Americans into the political and economic life of
the United States. Committed to freedom, Douglass dedicated his
life to achieving justice for all Americans, in particular
African-Americans, women, and minority groups. He envisioned
America as an inclusive Nation strengthened by diversity and
free of discrimination.
(7) Douglass served as an advisor to Presidents. Abraham
Lincoln referred to him as the most meritorious man of the
nineteenth century. Douglass was appointed to several offices.
He served as the United States Marshal of the District of
Columbia under Rutherford B. Hayes' administration; President
James Garfield appointed Douglass the District of Columbia
Recorder of Deeds. In 1889, President Benjamin Harrison
appointed Frederick Douglass to be the United States minister
to Haiti. He was also appointed by President Grant to serve as
Assistant Secretary of the Commission of Inquiry to Santo
Domingo.
(8) Douglass lived in the District of Columbia for 23 of
his 57 years as a free man, and in recognition of his
leadership and continuous fight for justice and freedom, his
home, Cedar Hill, was established as a National Historic Site
in Anacostia, in Southeast Washington, DC.
(9) The statue of Frederick Douglass in the United States
Capitol is a gift from the almost 700,000 residents of the
District of Columbia.
(10) All Americans could benefit from studying the life of
Frederick Douglass, for Douglass dedicated his own life to
ensuring freedom and equality for future generations of
Americans. This Nation should ensure that his tireless
struggle, transformative words, and inclusive vision of
humanity continue to inspire and sustain us.
(11) The year 2018 marks the bicentennial anniversary of
the birth of Frederick Douglass, and a commission should be
established to plan, develop, and carry out, and to recommend
to Congress, programs and activities that are fitting and
proper to celebrate that anniversary in a manner that
appropriately honors Frederick Douglass.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the Frederick
Douglass Bicentennial Commission (referred to in this Act as the
``Commission'').
SEC. 4. DUTIES.
The Commission shall have the following duties:
(1) To plan, develop, and carry out programs and activities
that are fitting and proper to honor Frederick Douglass on the
occasion of the bicentennial anniversary of Douglass' birth.
(2) To recommend to Congress programs and activities that
the Commission considers fitting and proper to honor Frederick
Douglass on such occasion, and the entity or entities in the
Federal Government that the Commission considers most
appropriate to carry out such programs and activities.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 16
members appointed as follows:
(1) Two members, each of whom shall be a qualified citizen
described in subsection (b), appointed by the President.
(2) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Maryland.
(3) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Massachusetts.
(4) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of New York.
(5) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Mayor of the District of Columbia.
(6) Three members, at least one of whom shall be a Member
of the House of Representatives, appointed by the Speaker of
the House of Representatives.
(7) Three members, at least one of whom shall be a Senator,
appointed by the majority leader of the Senate.
(8) Two members, at least one of whom shall be a Member of
the House of Representatives, appointed by the minority leader
of the House of Representatives.
(9) Two members, at least one of whom shall be a Senator,
appointed by the minority leader of the Senate.
(b) Qualified Citizen.--A qualified citizen described in this
subsection is a private citizen of the United States with--
(1) a demonstrated dedication to educating others about the
importance of historical figures and events; and
(2) substantial knowledge and appreciation of Frederick
Douglass.
(c) Time of Appointment.--Each initial appointment of a member of
the Commission shall be made before the expiration of the 60-day period
beginning on the date of the enactment of this Act.
(d) Continuation of Membership.--If a member of the Commission was
appointed to the Commission as a Member of Congress, and ceases to be a
Member of Congress, that member may continue to serve on the Commission
for not longer than the 30-day period beginning on the date that member
ceases to be a Member of Congress.
(e) Terms.--Each member shall be appointed for the life of the
Commission.
(f) Vacancies.--A vacancy in the Commission shall not affect the
powers of the Commission but shall be filled in the manner in which the
original appointment was made.
(g) Basic Pay.--Members shall serve on the Commission without pay.
(h) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(i) Quorum.--Six members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(j) Chair.--The Commission shall select a Chair from among the
members of the Commission.
(k) Meetings.--The Commission shall meet at the call of the Chair.
Periodically, the Commission shall hold a meeting in Rochester, New
York.
SEC. 6. DIRECTOR AND STAFF.
(a) Director.--The Commission may appoint and fix the pay of a
Director and such additional personnel as the Commission considers to
be appropriate.
(b) Applicability of Certain Civil Service Laws.--
(1) Director.--The Director of the Commission may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(2) Staff.--The staff of the Commission shall be appointed
subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
SEC. 7. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence as the
Commission considers to be appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take by this Act.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable the Commission to carry out this Act. Upon request
of the Chair of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Gifts.--The Commission may solicit, accept, use, and dispose of
gifts, bequests, or devises of money or other property for carrying out
its duties.
SEC. 8. REPORTS.
(a) Initial Report.--Not later than August 1, 2018, the Commission
shall submit to Congress an initial report containing its
recommendations under section 4(2).
(b) Final Report.--Not later than June 1, 2019, the Commission
shall submit a final report to Congress, and shall include in the final
report--
(1) a summary of its activities and programs;
(2) a final accounting of the funds the Commission received
and expended; and
(3) any other information that the Commission considers to
be appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate 30 days after submitting the final
report pursuant to section 8(b). | Frederick Douglass Bicentennial Commission Act This bill establishes the Frederick Douglass Bicentennial Commission to: (1) plan, develop, and carry out programs and activities to honor Frederick Douglass for the bicentennial anniversary of his birth; and (2) recommend the federal government entities appropriate to carry out such programs and activities. Not later than August 1, 2018, the commission must recommend appropriate activities to Congress. A final report detailing commission activities and expenditures must be submitted not later than June 1, 2019. | {"src": "billsum_train", "title": "Frederick Douglass Bicentennial Commission Act"} | 2,247 | 108 | 0.398397 | 1.194414 | 0.450139 | 4.380435 | 23.021739 | 0.902174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Stamp Restoration Act of
2012''.
SEC. 2. FOOD STAMP BLOCK GRANT PROGRAM.
(a) In General.--For each of fiscal years 2014 through 2021, the
Secretary of Agriculture (referred to in this Act as the ``Secretary'')
shall establish a food stamp block grant program under which the
Secretary shall make annual grants to each participating State that
establishes a food stamp program in the State and submits to the
Secretary annual reports under subsection (d).
(b) Requirements.--As a requirement of receiving grants under this
section, the Governor of each participating State shall certify that
the State food stamp program includes--
(1) work requirements;
(2) mandatory drug testing;
(3) verification of citizenship or proof of lawful
permanent residency of the United States; and
(4) limitations on the eligible uses of benefits that are
at least as restrictive as the limitations in place for the
supplemental nutrition assistance program established under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as of
May 31, 2012.
(c) Amount of Grant.--For each fiscal year, the Secretary shall
make a grant to each participating State in an amount equal to the
product of--
(1) the amount made available under section 3 for the
applicable fiscal year; and
(2) the proportion that--
(A) the number of legal residents in the State
whose income does not exceed 100 percent of the poverty
line (as defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2), including
any revision required by such section)) applicable to a
family of the size involved; bears to
(B) the number of such individuals in all
participating States for the applicable fiscal year,
based on data for the most recent fiscal year for which
data is available.
(d) Annual Report Requirements.--
(1) In general.--Not later than January 1 of each year,
each State that receives a grant under this section shall
submit to the Secretary a report that shall include, for the
year covered by the report--
(A) a description of the structure and design of
the food stamp program of the State, including the
manner in which residents of the State qualify for the
program;
(B) the cost the State incurs to administer the
program;
(C) whether the State has established a rainy day
fund for the food stamp program of the State; and
(D) general statistics about participation in the
food stamp program.
(2) Audit.--Each year, the Comptroller General of the
United States shall--
(A) conduct an audit on the effectiveness of the
nutritional assistance block grant program and the
manner in which each participating State is
implementing the program; and
(B) not later than June 30, submit to the
appropriate committees of Congress a report
describing--
(i) the results of the audit; and
(ii) the manner in which the State will
carry out the food stamp program in the State,
including eligibility and fraud prevention
requirements.
(e) Use of Funds.--
(1) In general.--A State that receives a grant under this
section may use the grant in any manner determined to be
appropriate by the State to provide food stamps to the legal
residents of the State.
(2) Availability of funds.--Grant funds made available to a
State under this section shall--
(A) remain available to the State for a period of 5
years; and
(B) after that period, shall--
(i) revert to the Federal Government to be
deposited in the Treasury and used for Federal
budget deficit reduction; or
(ii) if there is no Federal budget deficit,
be used to reduce the Federal debt in such
manner as the Secretary of the Treasury
considers appropriate.
SEC. 3. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act--
(1) for fiscal year 2014, $40,000,000,000;
(2) for fiscal year 2015, $40,700,000,000;
(3) for fiscal year 2016, $41,600,000,000;
(4) for fiscal year 2017, $42,400,000,000;
(5) for fiscal year 2018, $43,200,000,000;
(6) for fiscal year 2019, $44,100,000,000;
(7) for fiscal year 2020, $45,000,000,000; and
(8) for fiscal year 2021, $45,900,000,000.
(b) Discretionary Spending Limit Adjustment.--Section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(c)) is amended--
(1) in paragraph (3), by striking the figure and inserting
``$1,106,000,000,000'';
(2) in paragraph (4), by striking the figure and inserting
``$1,126,700,000,000'';
(3) in paragraph (5), by striking the figure and inserting
``$1,148,600,000,000'';
(4) in paragraph (6), by striking the figure and inserting
``$1,173,400,000,000'';
(5) in paragraph (7), by striking the figure and inserting
``$1,199,200,000,000'';
(6) in paragraph (8), by striking the figure and inserting
``$1,226,100,000,000'';
(7) in paragraph (9), by striking the figure and inserting
``$1,253,000,000,000''; and
(8) in paragraph (10), by striking the figure and inserting
``$1,279,900,000,000''.
(c) Discretionary Cap Adjustment for New Program Spending.--Section
251A(2) of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 901a(2)) is amended--
(1) in subparagraph (B)(ii), by striking the figure and
inserting ``$550,000,000,000'';
(2) in subparagraph (C)(ii), by striking the figure and
inserting ``$560,700,000,000'';
(3) in subparagraph (D)(ii), by striking the figure and
inserting ``$571,600,000,000'';
(4) in subparagraph (E)(ii), by striking the figure and
inserting ``$583,400,000,000'';
(5) in subparagraph (F)(ii), by striking the figure and
inserting ``$596,200,000,000'';
(6) in subparagraph (G)(ii), by striking the figure and
inserting ``$610,100,000,000'';
(7) in subparagraph (H)(ii), by striking the figure and
inserting ``$623,000,000,000''; and
(8) in subparagraph (I)(ii), by striking the figure and
inserting ``$635,900,000,000''.
SEC. 4. REPEALS.
(a) In General.--Effective September 30, 2013, the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is repealed.
(b) Repeal of Mandatory Funding.--
(1) In general.--Notwithstanding any other provision of
law, effective September 30, 2013, the supplemental nutrition
assistance program established under the Food and Nutrition Act
of 2008 (7 U.S.C. 2011 et seq.) (as in effect prior to that
date) shall cease to be a program funded through direct
spending (as defined in section 250(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c))
prior to the amendment made by paragraph (2)).
(2) Direct spending.--Effective September 30, 2013, section
250(c)(8) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900(c)(8)) is amended--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) in subparagraph (B), by striking ``; and'' at
the end and inserting a period; and
(C) by striking subparagraph (C).
(3) Entitlement authority.--Effective September 30, 2013,
section 3(9) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 622(9)) is amended--
(A) by striking ``means--'' and all that follows
through ``the authority to make'' and inserting ``means
the authority to make'';
(B) by striking ``; and'' and inserting a period;
and
(C) by striking subparagraph (B).
(4) Other direct spending.--Effective September 30, 2013,
section 1026(5) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 691e(5)) is amended--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) in subparagraph (B), by striking ``; and'' at
the end and inserting a period; and
(C) by striking subparagraph (C).
(c) Relationship to Other Law.--Any reference in this Act, an
amendment made by this Act, or any other Act to the supplemental
nutrition assistance program shall be considered to be a reference to
the food stamp block grant program under this Act.
SEC. 5. BASELINE.
Notwithstanding section 257 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 907), the baseline shall assume
that, on and after September 30, 2013, no benefits shall be provided
under the supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as in
effect prior to that date). | Food Stamp Restoration Act of 2012 - Directs the Secretary of Agriculture (USDA), for each of FY2014-FY2021, to establish a food stamp block grant program under which the Secretary shall make annual grants to each participating state that establishes a food stamp program and submits a specified annual report to the Secretary.
Requires a participating state to certify that its program includes: (1) work requirements; (2) mandatory drug testing; (3) verification of citizenship or lawful U.S. permanent residency; and (4) limitations on the eligible uses of benefits that are at least as restrictive as those in place for the supplemental nutrition assistance program (SNAP, formerly the food stamp program).
Provides a grant to a participating state in an amount equal to the product of: (1) the specified amount made available for the applicable fiscal year, and (2) the proportion that the number of legal residents in the state whose income does not exceed 100% of the poverty line (applicable to a family of the size involved) bears to the number of such individuals in all participating states for the applicable fiscal year.
Requires an annual Government Accountability Office (GAO) audit and report to Congress regarding the effectiveness of the nutritional assistance block grant program and the manner in which each participating state is implementing the program.
Permits a participating state to use the grant in any appropriate manner to provide food stamps to its legal residents.
Authorizes funds to remain available to a state for five years and requires any funds remaining unused after five years to be deposited in the Treasury.)
Repeals: (1) the Food and Nutrition Act of 2008, effective September 30, 2013; and (2) specified mandatory and direct funding provisions. | {"src": "billsum_train", "title": "A bill to repeal the nutrition entitlement programs and establish a food stamp block grant program."} | 2,169 | 362 | 0.71134 | 2.018488 | 0.860358 | 4.299703 | 5.72997 | 0.893175 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Futures Investor Protection Act''.
SEC. 2. FUTURES INVESTORS PROTECTION FUND.
(a) Futures Investor Protection Corporation.--
(1) Creation and membership.--
(A) Creation.--There is established a nonprofit
corporation to be known as the ``Futures Investor
Protection Corporation'' (in this Act referred to as
the ``FIPC''), which shall not be an agency or
establishment of the United States Government.
(B) Membership.--
(i) Members of fipc.--The FIPC shall be a
membership corporation the members of which
shall be all persons registered under the
Commodity Exchange Act with the Commission as a
futures commission merchant, other than persons
whose principal business, in the determination
of the FIPC, taking into account business of
affiliated entities, is conducted outside the
United States and its territories and
possessions.
(ii) Commission review; additional
members.--Subparagraphs (B) and (C) of section
3(a)(2) of SIPA shall apply with respect to
determinations of the FIPC in the same way the
subparagraphs apply with respect to
determinations of the SIPC and to brokers and
dealers referred to in such subparagraph (D).
(iii) Disclosure.--Section 3(a)(2)(D) of
SIPA shall apply to futures commission
merchants in the same way the section applies
to brokers and dealers referred to in such
section.
(2) Powers.--The FIPC shall have all the powers conferred
on the SIPC.
(3) Board of directors.--
(A) Functions.--The FIPC shall have a Board of
Directors which, subject to the provisions of this Act,
shall determine the policies which shall govern the
operations of FIPC.
(B) Number and appointment.--The Board of Directors
shall consist of 7 persons as follows:
(i) 1 director shall be appointed by the
Secretary of the Treasury from among the
officers and employees of the Department of the
Treasury.
(ii) 1 director shall be appointed by the
Board of Governors of the Federal Reserve
System from among the officers and employees of
that Board.
(iii) 5 directors shall be appointed by the
President, by and with the advice and consent
of the Senate, as follows:
(I) 3 directors shall be selected
from among persons who are associated
with, and representative of different
aspects of, the futures industry, not
all of whom shall be from the same
geographical area of the United States.
(II) 2 directors shall be selected
from the general public from among
persons who are not associated with a
futures commission merchant or a
contract market, or similarly
associated with any self-regulatory
organization or other futures industry
group, and who have not had any such
association during the 2 years
preceding appointment.
(C) Chairman and vice chairman.--The President
shall designate a Chairman and Vice Chairman from among
those directors appointed under subparagraph
(B)(iii)(II).
(D) Terms.--
(i) In general.--Except as provided in
clauses (ii) and (iii), each director shall be
appointed for a term of 3 years.
(ii) Initially appointed members.--Of the
directors first appointed under subparagraph
(B)--
(I) 2 shall hold office for a term
expiring on December 31, 2017;
(II) 2 shall hold office for a term
expiring on December 31, 2018; and
(III) 3 shall hold office for a
term expiring on December 31, 2019,
as designated by the President at the time they
take office. The designation shall be made in a
manner which will assure that no 2 persons
appointed under the authority of the same
subclause of subparagraph (B)(iii) shall have
terms which expire simultaneously.
(iii) Vacancies.--A vacancy in the Board
shall be filled in the same manner as the
original appointment was made. Any director
appointed to fill a vacancy occurring prior to
the expiration of the term for which the
predecessor of the director was appointed shall
be appointed only for the remainder of the
term. A director may serve after the expiration
of the term for which appointed until the
successor of the director has taken office.
(E) Compensation.--All matters relating to
compensation of directors shall be as provided in the
bylaws of the FIPC.
(4) Meetings of board; bylaws and rules.--Subsections (d)
and (e) of section 3 of SIPA shall apply with respect to the
FIPC and the Commission in the same way the subsections apply
with respect to the SIPC and the Securities and Exchange
Commission.
(b) FIPC Fund.--
(1) In general.--The FIPC shall establish, and make
deposits into and payments from, an ``FIPC fund'' (in this Act
referred to as the ``fund'') in the same manner in which the
SIPC has established, and is authorized to make deposits into
and payments from, the SIPC fund.
(2) Assessments.--The FIPC shall impose on its members
assessments subject to the same rules that apply to the
imposition by the SIPC of assessments on the members of the
SIPC.
(c) Other Provisions.--Sections 5 through 16 of the SIPA shall
apply with respect to the FIPC and the members, directors, officers,
and employees of the FIPC, the Commission, the FIPC fund, futures
commission merchants and their affiliates, futures contracts, futures
transactions, customers, and debtors in the same way the sections apply
with respect to the SIPC and the members, directors, officers, and
employees of the SIPC, the Securities and Exchange Commission, the SIPC
fund, persons registered as brokers or dealers (as defined in section
16(12) of the SIPA) and their affiliates, securities, securities
transactions, customers (as defined in section 16(2) of the SIPA), and
debtors (as defined in section 16(5) of the SIPA), respectively.
(d) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Commodity Futures Trading Commission.
(2) Contract market.--The term ``contract market'' means a
board of trade designated as a contract market under the
Commodity Exchange Act.
(3) Futures contract.--The term ``futures contract'' means
a contract of sale of a commodity for future delivery, within
the meaning of the Commodity Exchange Act.
(4) Futures commission merchant.--The term ``futures
commission merchant'' has the meaning given the term in section
1a(28) of the Commodity Exchange Act.
(5) SIPA.--The term ``SIPA'' means the Security Investors
Protection Act of 1970.
(6) SIPC.--The term ``SIPC'' means the Security Investors
Protection Corporation.
(7) SIPC fund.--The term ``SIPC fund'' means the fund
established under section 4(a)(1) of the SIPA.
SEC. 3. SUITABILITY RULES.
(a) In General.--The Commodity Exchange Act (7 U.S.C. 1 et seq.) is
amended by inserting after section 4t the following:
``SEC. 4U. SUITABILITY RULES.
``(a) In General.--
``(1) Recommendations must be suitable for the customer.--A
futures commission merchant shall not recommend a transaction
or investment strategy involving a contract of sale of a
commodity for future delivery, unless the futures commission
merchant has a reasonable basis to believe that the transaction
or investment strategy is suitable for the customer, based on
the information obtained through the reasonable diligence of
the futures commission merchant to ascertain the customer's
investment profile. A customer's investment profile includes,
but is not limited to, the customer's age, other investments,
financial situation and needs, tax status, investment
objectives, investment experience, investment time horizon,
liquidity needs, risk tolerance, and any other information the
customer may disclose to the futures commission merchant in
connection with the recommendation.
``(2) Safe harbor in certain cases.--A futures commission
merchant is deemed to comply with paragraph (1) in the case of
a customer with an institutional account, if--
``(A) the futures commission merchant has a
reasonable basis to believe that the customer is
capable of evaluating investment risks independently,
both in general and with regard to particular
transactions and investment strategies involving a
contract of sale of a commodity for future delivery;
and
``(B) the customer affirmatively indicates that it
is exercising independent judgment in evaluating the
recommendations of the futures commission merchant.
``(b) Applicability With Respect to Certain Agents.--If a customer
with an institutional account has delegated decisionmaking authority to
an agent, subsection (a) shall be applied with respect to the agent.
``(c) Institutional Account Defined.--In this section, the term
`institutional account' means the account of--
``(1) a bank, savings and loan association, insurance
company or registered investment company;
``(2) an investment adviser registered with the Securities
and Exchange Commission under section 203 of the Investment
Advisers Act or with a State securities commission (or any
agency or office performing like functions); or
``(3) any other person (whether a natural person,
corporation, partnership, trust or otherwise) with total assets
of at least $50,000,000.
``(d) Penalties.--The Commission may impose one or more of the
following sanctions on a person found by the Commission to have
violated this section or to have neglected or refused to comply with an
order issued by the Commission under this section:
``(1) Censure.
``(2) A fine.
``(3) Expulsion of the person from, or revocation of the
membership of the person in, a registered entity.
``(4) Suspension for a definite period or a period
contingent on the performance of a particular act, or
revocation, of the registration of the person under this Act
with the Commission as a futures commission merchant.
``(5) Suspension or bar of the person from association with
any other futures commission merchant.
``(6) A temporary or permanent cease and desist order
against the person.
``(7) Any other fitting sanction.''.
(b) Effective Date.--Within 6 months after the date of the
enactment of this Act, the Commodity Futures Trading Commission shall
issue regulations for the implementation of the amendment made by
subsection (a).
SEC. 4. REVIEW OF PROOF OF CLAIMS RULES.
(a) In General.--The Commodity Futures Trading Commission shall
review the guidelines for establishing account classes and determining
the basis for pro rata shares under, and the sample claim form set
forth in, part 190 of title 17, Code of Federal Regulations, and
consider the desirability of allowing use of a set date for valuation
purposes rather than the date of actual liquidation of positions.
(b) Report to the Congress.--Within 1 year after the date of the
enactment of this Act, the Commodity Futures Trading Commission shall
submit to the Congress a written report that contains the findings of
the Commission with respect to the matters referred to in subsection
(a), and includes such changes to the regulations in such part as the
Commission deems appropriate. | Futures Investor Protection Act This bill establishes the Futures Investor Protection Corporation (FIPC) as a nonprofit membership corporation for all futures commission merchants registered with the Commodity Futures Trading Commission (CFTC). In general, the FIPC's powers and duties shall mirror those of the Security Investors Protection Corporation (the nonprofit membership corporation for registered broker-dealers). In addition, the bill amends the Commodity Exchange Act to establish suitability rules with respect to recommendations by a futures commission merchant to a customer. The CFTC must review certain guidelines regarding proof of claims, as specified by the bill. | {"src": "billsum_train", "title": "Futures Investor Protection Act"} | 2,565 | 158 | 0.555308 | 1.519673 | 0.723961 | 1.775701 | 21.46729 | 0.859813 |
Section 1. (a) No later than six months after the date of enactment
of this Act, the Secretary of Homeland Security shall issue interim
final regulations establishing risk-based performance standards for
security of chemical facilities and requiring vulnerability assessments
and the development and implementation of site security plans for
chemical facilities: Provided, That such regulations shall apply to
chemical facilities that, in the discretion of the Secretary, present
high levels of security risk: Provided further, That such regulations
shall permit each such facility, in developing and implementing site
security plans, to select layered security measures that, in
combination, appropriately address the vulnerability assessment and the
risk-based performance standards for security for the facility:
Provided further, That the Secretary may not disapprove a site security
plan submitted under this section based on the presence or absence of a
particular security measure, but the Secretary may disapprove a site
security plan if the plan fails to satisfy the risk-based performance
standards established by this section: Provided further, That the
Secretary may approve alternative security programs established by
private sector entities, Federal, State, or local authorities, or other
applicable laws if the Secretary determines that the requirements of
such programs meet the requirements of this section and the interim
regulations: Provided further, That the Secretary shall review and
approve each vulnerability assessment and site security plan required
under this section: Provided further, That the Secretary shall not
apply regulations issued pursuant to this section to facilities
regulated pursuant to the Maritime Transportation Security Act of 2002,
Public Law 107-295, as amended; Public Water Systems, as defined by
section 1401 of the Safe Drinking Water Act, Public Law 93-523, as
amended; Treatment Works as defined in section 212 of the Federal Water
Pollution Control Act, Public Law 92-500, as amended; any facility
owned or operated by the Department of Defense or the Department of
Energy, or any facility subject to regulation by the Nuclear Regulatory
Commission.
(b) Interim regulations issued under this section shall apply until
the effective date of interim or final regulations promulgated under
other laws that establish requirements and standards referred to in
subsection (a) and expressly supersede this section: Provided, That the
authority provided by this section shall terminate three years after
the date of enactment of this Act.
(c) Notwithstanding any other provision of law and subsection (b),
information developed under this section, including vulnerability
assessments, site security plans, and other security related
information, records, and documents shall be given protections from
public disclosure consistent with similar information developed by
chemical facilities subject to regulation under section 70103 of title
46, United States Code: Provided, That this subsection does not
prohibit the sharing of such information, as the Secretary deems
appropriate, with State and local government officials possessing the
necessary security clearances, including law enforcement officials and
first responders, for the purpose of carrying out this section,
provided that such information may not be disclosed pursuant to any
State or local law: Provided further, That in any proceeding to enforce
this section, vulnerability assessments, site security plans, and other
information submitted to or obtained by the Secretary under this
section, and related vulnerability or security information, shall be
treated as if the information were classified material.
(d) Any person who violates an order issued under this section
shall be liable for a civil penalty under section 70119(a) of title 46,
United States Code: Provided, That nothing in this section confers upon
any person except the Secretary a right of action against an owner or
operator of a chemical facility to enforce any provision of this
section.
(e) The Secretary of Homeland Security shall audit and inspect
chemical facilities for the purposes of determining compliance with the
regulations issued pursuant to this section.
(f) Nothing in this section shall be construed to supersede, amend,
alter, or affect any Federal law that regulates the manufacture,
distribution in commerce, use, sale, other treatment, or disposal of
chemical substances or mixtures.
(g) If the Secretary determines that a chemical facility is not in
compliance with this section, the Secretary shall provide the owner or
operator with written notification (including a clear explanation of
deficiencies in the vulnerability assessment and site security plan)
and opportunity for consultation, and issue an order to comply by such
date as the Secretary determines to be appropriate under the
circumstances: Provided, That if the owner or operator continues to be
in noncompliance, the Secretary may issue an order for the facility to
cease operation, until the owner or operator complies with the order. | Directs the Secretary of Homeland Security to issue interim final regulations establishing risk-based performance standards for the security of high-risk chemical facilities and requiring vulnerability assessments and the development and implementation of site security plans for such facilities.
Directs the Secretary to: (1) review and approve each vulnerability assessment and site security plan required by this Act; (2) audit and inspect chemical facilities to determine compliance with such regulations; (3) provide the owner or operator of a facility not in compliance with written notification and opportunity for consultation; and (4) issue an order to comply by an appropriate date. Authorizes the Secretary to issue an order for the facility to cease operation until the owner or operator complies.
Sets forth provisions regarding: (1) the protection of vulnerability or security information under this Act from public disclosure; and (2) civil penalties for violation of an order issued under this Act. | {"src": "billsum_train", "title": "To direct the Secretary of Homeland Security to provide for enhanced security of chemical facilities, and for other purposes."} | 959 | 175 | 0.596803 | 1.699179 | 0.793519 | 3.661017 | 5.355932 | 0.903955 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Students Act of 2007''.
SEC. 2. NUTRITIONAL REQUIREMENTS FOR SCHOOL LUNCHES AND BREAKFASTS.
(a) Dietary Guidelines.--Section 9(a) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(a)) is amended by striking
paragraph (4) and inserting the following:
``(4) Dietary Guidelines.--
``(A) Commission.--
``(i) In general.--The Director of the Centers for
Disease Control and Prevention (referred to in this
paragraph as the `Director') shall establish a
Commission to Improve School Meals (referred to in this
paragraph as the `Commission').
``(ii) Membership.--The Director, in consultation
with the Secretary, shall appoint members of the
Commission from among individuals who are
nutritionists, pediatricians, or experts in nutrition
and children's health.
``(iii) Duties.--The Commission shall--
``(I) review the provisions of the most
recent Dietary Guidelines for Americans
published under section 301 of the National
Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341) that are relevant for
children;
``(II) evaluate the nutritional and dietary
needs of school-age children and recommend
nutritional standards for establishing a
healthy school nutrition program;
``(III) not later than 90 days after the
date of enactment of the Healthy Students Act
of 2007, develop new nutritional standards for
the school lunch program under this Act
(including the afterschool care program under
section 17A), the summer food service program
established under section 13, the child and
adult care food program established under
section 17 (other than the program under
section 17(o)), and the school breakfast
program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773); and
``(IV) evaluate compliance with and
enforcement of the minimum nutritional
requirements established under subparagraph
(B).
``(iv) Foods of minimal nutritional value.--
``(I) In general.--The Commission shall
update the definition of the term `food of
minimal nutritional value' in sections
210.11(a)(2) and 220.2(i-1) of title 7, Code of
Federal Regulations (or successor regulations).
``(II) Requirement.--Nutritional standards
developed under subclause (III) of clause (iii)
shall prohibit food of minimal nutritional
value from being included in school meals
described in that subclause.
``(B) Rules.--Notwithstanding paragraph (2), subsection
(f), and subsections (a) and (b) of section 10 of the Child
Nutrition Act of 1966 (42 U.S.C. 1779), not later than 90 days
after nutritional standards are developed under subparagraph
(A)(iii)(III), the Secretary shall promulgate and implement
rules, based on the standards, that establish minimum
nutritional requirements for food served under the programs
described in subparagraph (A)(iii)(III).''.
(b) Computation of Adjustment.--Section 11(a)(3)(B)(i) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1759a(a)(3)(B)(i)) is amended--
(1) by striking ``reflect changes'' and inserting
``reflect--
``(I) changes;''.
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(I) any increased cost due to the
costs of compliance with minimum
nutritional requirements established
under section 9(a)(4)(B).''.
SEC. 3. SCHOOL NUTRITION PILOT PROGRAM.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following:
``(l) School Nutrition Pilot Program.--
``(1) In general.--The Secretary shall carry out a pilot
program under which the Secretary shall provide grants to
school districts or nonprofit organizations for schools
participating in the school lunch program under this Act or the
school breakfast program established by section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773) that promote healthy
alternatives for students.
``(2) Uses.--A grant provided under this subsection may be
used--
``(A) to provide an alternative of organic foods in
the meals served under programs described in paragraph
(1) to students;
``(B) to promote healthy food education in the
school curriculum;
``(C) to carry out garden to kitchen or seed to
table programs; or
``(D) to provide professional development for
teachers to carry out programs that promote healthy
alternatives for students.
``(3) Administration.--In providing grants under the pilot
program, the Secretary shall give a preference to programs that
promote healthy alternatives for students that can be
replicated in schools.
``(4) Study; report.--
``(A) Study.--During the period in which grant
funds are used by schools under this subsection, the
Secretary shall conduct a study of the pilot program.
``(B) Report.--Not later than 90 days after the
date on which the study is completed under subparagraph
(A), the Secretary shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and
the Committee on Agriculture of the House of
Representatives a report that describes the results of
the study.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000.''.
SEC. 4. HEALTHY HOUR PILOT PROGRAM.
(a) Definition of Eligible School.--In this section, the term
``eligible school'' means an elementary school or secondary school, as
such terms are defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(b) Pilot Program.--From amounts appropriated for this section, the
Secretary of Education shall award, on a competitive basis, grants to
eligible schools to enable the eligible schools to carry out Healthy
Hour pilot programs described in subsection (d).
(c) Application.--An eligible school desiring a grant under this
section shall submit an application to the Secretary of Education at
such time, in such manner, and containing such information as the
Secretary may require.
(d) Grant Activities.--An eligible school receiving a grant under
this section shall use grant funds to carry out a Healthy Hour pilot
program by increasing the length of each school day by an hour, which
hour--
(1) shall be used exclusively for physical activity; and
(2) may occur at any time during the school day.
(e) Reports.--
(1) School report.--Not later than 90 days after the last
day of the grant period for a grant under this section, a
school receiving a grant under this section shall prepare and
submit a report to the Secretary of Education regarding the
success of the pilot program assisted by the grant.
(2) Secretary report.--Not later than 90 days after
receiving all reports described in paragraph (1), the Secretary
of Education shall prepare and submit to Congress a report
regarding the results of the pilot programs assisted by grants
under this section.
SEC. 5. LOAN FORGIVENESS FOR SCHOOL NURSES.
Part E of title VIII of the Public Health Service Act (42 U.S.C.
297a et seq.) is amended--
(1) by redesignating sections 842, 846, 846A, and 810 as
sections 840A, 840B, 840D, and 840E, respectively; and
(2) by inserting after section 840B (as redesignated by
paragraph (1)) the following:
``SEC. 840C. LOAN FORGIVENESS FOR SCHOOL NURSES.
``(a) In General.--The Secretary shall carry out a program of
making payments in accordance with subsection (b), for and on behalf of
an eligible nurse who enters into an agreement with the Secretary to be
employed as a full-time school nurse in an elementary school or
secondary school for 3 complete school years.
``(b) Payments.--The payments described in subsection (a) shall be
made by the Secretary as follows:
``(1) Upon completion by the eligible nurse for whom the
payments are to be made of the first year of employment
pursuant to the agreement described in subsection (a), the
Secretary shall pay 30 percent of the principal of, and the
interest on, each qualified loan of such eligible nurse which
is outstanding on the date the eligible nurse began such
employment.
``(2) Upon completion by the eligible nurse of the second
year of such employment, the Secretary shall pay another 30
percent of the principal of, and the interest on, each such
loan.
``(3) Upon completion by the eligible nurse of the third
year of such service, the Secretary shall pay another 40
percent of the principal of, and the interest on, each such
loan.
``(c) Limitation.--The total amount paid for and on behalf of any
eligible nurse under the program under this section shall not exceed
$50,000.
``(d) Application for Repayment.--Each eligible nurse desiring loan
repayment under this section shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(e) Rule of Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a qualified
loan.
``(f) Definitions.--In this section:
``(1) Elementary school; secondary school.--The terms
`elementary school' and `secondary school' have the meanings
given the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(2) Eligible nurse.--The term `eligible nurse' means an
individual who--
``(A) is a registered nurse;
``(B) has received a baccalaureate degree in
nursing from an accredited collegiate school of
nursing; and
``(C) has any credential that is required in order
to work as a school nurse in an elementary school or
secondary school by the State in which the individual
is employed pursuant to the agreement described in
subsection (a).
``(3) Qualified loan.--The term `qualified loan' means a
loan from a loan fund established under this part or any other
educational loan for nurse training costs, including a loan
made, insured, or guaranteed under part B or part D of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.,
1087 et seq.).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be
necessary.''.
SEC. 6. CONTRIBUTIONS OF GYM EQUIPMENT FOR ELEMENTARY AND SECONDARY
SCHOOL PURPOSES.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986, as amended by the Pension Protection Act of 2006,
is amended by adding at the end the following new paragraph:
``(8) Special rule for contributions of exercise and
gymnasium equipment for educational purposes.--
``(A) Limit on reduction.--In the case of a
qualified gymnasium contribution, the reduction under
paragraph (1)(A) shall be no greater than the amount
determined under paragraph (3)(B).
``(B) Qualified gymnasium contribution.--For
purposes of this paragraph, the term `qualified
gymnasium contribution' means a charitable contribution
by a corporation of any exercise or gymnasium
equipment, but only if--
``(i) the contribution is to--
``(I) an educational organization
described in subsection (b)(1)(A)(ii),
or
``(II) an entity described in
section 501(c)(3) and exempt from tax
under section 501(a) (other than an
entity described in subclause (I)) that
is organized primarily for purposes of
supporting the physical activity of
children attending elementary and
secondary educational institutions,
``(ii) the contribution is made not later
than 3 years after the date the taxpayer
acquired the property (or in the case of
property constructed by the taxpayer, the date
the construction of the property is
substantially completed),
``(iii) the original use of the property is
by the donor or the donee,
``(iv) the property is not transferred by
the donee in exchange for money, other
property, or services, except for shipping,
installation and transfer costs,
``(v) the donee's use and disposition of
the property will be in accordance with the
provisions of clause (iv), and
``(vi) the property meets such standards,
if any, as the Secretary may prescribe by
regulation to assure that the property meets
minimum functionality and suitability
standards.
``(C) Contribution to private foundation.--A
contribution by a corporation of any exercise or
gymnasium equipment to a private foundation (as defined
in section 509) shall be treated as a qualified
gymnasium contribution for purposes of this paragraph
if--
``(i) the contribution to the private
foundation satisfies the requirements of
clauses (ii) and (iv) of subparagraph (B), and
``(ii) within 30 days after such
contribution, the private foundation--
``(I) contributes the property to a
donee described in clause (i) of
subparagraph (B) that satisfies the
requirements of clauses (iv) and (v) of
subparagraph (B), and
``(II) notifies the donor of such
contribution.
``(D) Donations of property reacquired by
manufacturer.--In the case of property which is
reacquired by the person who constructed the property--
``(i) subparagraph (B)(ii) shall be applied
to a contribution of such property by such
person by taking into account the date that the
original construction of the property was
substantially completed, and
``(ii) subparagraph (B)(iii) shall not
apply to such contribution.
``(E) Special rule relating to construction of
property.--For the purposes of this paragraph, the
rules of paragraph (4)(C) shall apply.
``(F) Definitions.--For the purposes of this
paragraph--
``(i) Exercise or gymnasium equipment.--The
term `exercise or gymnasium equipment' means
equipment used for physical activity.
``(ii) Corporation.--The term `corporation'
has the meaning given to such term by paragraph
(4)(D).''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made in taxable years ending after the date of the
enactment of this Act. | Healthy Students Act of 2007 - Amends the Richard B. Russell National School Lunch Act to require the Director of the Centers for Disease Control and Prevention to establish a Commission to Improve School Meals composed of nutrition and children's health experts tasked with developing new nutritional standards for the School Lunch, Summer Food Service, Child and Adult Care Food, and School Breakfast programs. Requires such standards to ban foods of minimal nutritional value. Provides for the adjustment of program payment rates to compensate for compliance with such standards.
Repeals the current requirement that the Secretary of Agriculture (Secretary) issue guidance to states and school food authorities to increase the consumption of foods and food ingredients recommended in the most recent Dietary Guidelines for Americans.
Requires the Secretary to establish a pilot program providing grants to school districts or nonprofit organizations for use in promoting healthy food alternatives under the School Lunch and School Breakfast programs.
Directs the Secretary of Education to award competitive grants to elementary and secondary schools for Healthy Hour pilot programs which increase each school day by an hour that is exclusively devoted to physical activity.
Amends the Public Health Service Act to establish a student loan forgiveness program for nurses who agree to employment as full-time nurses in elementary or secondary schools for three complete school years.
Amends the Internal Revenue Code to allow corporations a tax deduction for the charitable contribution to a private foundation of exercise or gymnasium equipment for use by elementary and secondary school students. | {"src": "billsum_train", "title": "A bill to encourage the health of children in schools by promoting better nutrition and increased physical activity, and for other purposes."} | 3,378 | 307 | 0.612464 | 1.54411 | 0.8162 | 2.4 | 10.978182 | 0.872727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bringing Resources from Academia to
the Industry of Our Nation Act'' or the ``BRAIN Act''.
SEC. 2. PILOT PROGRAM AUTHORIZING CHANGE IN NONIMMIGRANT STATUS FOR
EMPLOYMENT-BASED NONIMMIGRANTS WITH DEGREES IN
MATHEMATICS, SCIENCE, ENGINEERING, OR COMPUTER SCIENCE.
(a) Establishment of Nonimmigrant Category.--Section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C. 101(a)(15)) is amended--
(1) in subparagraph (R), by striking ``or'' at the end;
(2) in subparagraph (S), by striking the comma at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (S) the following:
``(T) subject to section 214(n), an alien who is authorized
to change nonimmigrant classification and remain temporarily in
the United States to perform services (other than services
described in subclause (a) of subparagraph (H)(i) during the
period in which such subclause applies, services described in
subclause (ii)(a) of subparagraph (H), or services described in
subparagraph (O) or (P)) in a special technical occupation
described in section 214(n)(2), who meets the requirements for
the occupation specified in section 214(n)(3);''.
(b) Requirements for Change of Nonimmigrant Classification;
Enforcement of Employer Obligations.--Section 214 of the Immigration
and Nationality Act (8 U.S.C. 1184) is amended--
(1) by redesignating the subsection (l) added by section
625(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
1820) as subsection (m); and
(2) by adding at the end the following:
``(n)(1) Notwithstanding section 248 or 212(e), or any other
provision of this Act, the Attorney General may, under such conditions
as the Attorney General may prescribe consistent with this subsection
and subsection (c)(10)(A), authorize a change from a nonimmigrant
classification under subparagraph (F) or (J) of section 101(a)(15) to a
nonimmigrant classification under section 101(a)(15)(T) in the case of
any alien lawfully admitted to the United States as a nonimmigrant who
is continuing to maintain that status and who is not inadmissible under
section 212(a)(9)(B)(i) (or whose inadmissibility under such section is
waived under section 212(a)(9)(B)(v)).
``(2) For purposes of section 101(a)(15)(T) and paragraph (3), the
term `special technical occupation' means an occupation in a high-
technology field--
``(A) that uses the knowledge, skills, and abilities
possessed by persons attaining a bachelor's or higher degree
with a major in mathematics, science, engineering, or computer
science, and requires such knowledge, skills, and abilities as
a minimum for entry into the occupation in the United States;
and
``(B) with respect to which the annual total compensation
(including the value of all wages, salary, bonuses, stock,
stock options, and any other similar form of remuneration)
equals or exceeds $60,000.
``(3) For purposes of section 101(a)(15)(T), the requirements of
this paragraph, with respect to a special technical occupation, are--
``(A) full State licensure to practice in the occupation,
if such licensure is required to practice in the occupation;
``(B) not earlier than 90 days prior to initially obtaining
nonimmigrant status under such section, having been graduated,
with a degree described in paragraph (2)(A) for the occupation,
from an institution of higher education (as defined in section
102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))
inside the United States whose students receive loans under
part B or D of title IV of such Act (20 U.S.C. 1070 et seq.; 20
U.S.C. 1087a et seq.); and
``(C) obtaining a contractual obligation on the part of the
employer filing the petition on behalf of the alien under
section 214(c)(10)(A) to pay the alien in accordance with
paragraph (2)(B) at all times during the period of intended
employment in the United States specified in the petition.
``(4) In the case of a nonimmigrant described in section
101(a)(15)(T), the period of authorized stay in the United States as
such a nonimmigrant may not exceed 5 years.
``(5) An employer who has filed a petition under subsection
(c)(10)(A) with respect to an employee having nonimmigrant status under
section 101(a)(15)(T) annually shall submit to the Attorney General a
copy of the most recent statement under section 6051 of the Internal
Revenue Code of 1986 for the employee. Based on information in any such
statement, the Attorney General may initiate an investigation described
in paragraph (7)(A) concerning a possible failure, misrepresentation,
or violation, without a complaint described in such paragraph, if the
Attorney General has a reasonable basis for such initiation.
``(6)(A) It is a violation of this subparagraph for an employer who
has filed a petition under subsection (c)(10)(A) to intimidate,
threaten, restrain, coerce, blacklist, discharge, or in any other
manner discriminate against an employee (which term, for purposes of
this subparagraph, includes a former employee and an applicant for
employment) because the employee has disclosed information to the
employer, or to any other person, that the employee reasonably believes
evidences a failure to meet a condition specified in the petition or a
misrepresentation of material facts in the petition, or any rule or
regulation pertaining to such subsection, or because the employee
cooperates or seeks to cooperate in an investigation or other
proceeding concerning the employer's compliance with the requirements
of such subsection or any rule or regulation pertaining to such
subsection.
``(B) The Attorney General shall devise a process under which a
nonimmigrant described in section 101(a)(15)(T) who files a complaint
regarding a violation of subparagraph (A) and is otherwise eligible to
remain and work in the United States may be allowed to seek other
appropriate employment in the United States for a period not to exceed
the maximum period of stay authorized for such nonimmigrant
classification.
``(7)(A) The Attorney General shall establish a process for the
receipt, investigation, and disposition of complaints respecting a
petitioner's failure to meet a condition specified in a petition under
subsection (c)(10)(A), a petitioner's misrepresentation of material
facts in such a petition, or a violation of paragraph (6)(A).
Complaints may be filed by any aggrieved person or organization
(including bargaining representatives). No investigation or hearing
shall be conducted on a complaint concerning such a failure,
misrepresentation, or violation unless the complaint was filed not
later than 12 months after the date of the failure, misrepresentation,
or violation, respectively. The Attorney General shall conduct an
investigation under this subparagraph if there is reasonable cause to
believe that such a failure, misrepresentation, or violation has
occurred.
``(B) Under such process, the Attorney General shall provide,
within 30 days after the date such a complaint is filed, for a
determination as to whether or not a reasonable basis exists to make a
finding described in subparagraph (C). If the Attorney General
determines that such a reasonable basis exists, the Attorney General
shall provide for notice of such determination to the interested
parties and an opportunity for a hearing on the complaint, in
accordance with section 556 of title 5, United States Code, within 60
days after the date of the determination. If such a hearing is
requested, the Attorney General shall make a finding concerning the
matter by not later than 60 days after the date of the hearing. In the
case of similar complaints respecting the same petitioner, the
Secretary may consolidate the hearings under this subparagraph on such
complaints.
``(C) If the Attorney General finds, after notice and opportunity
for a hearing, a failure to meet a condition specified in a petition
under subsection (c)(10)(A), a petitioner's misrepresentation of
material facts in such a petition, or a violation of paragraph (6)(A),
the Attorney General--
``(i) shall revoke the status under section 101(a)(15)(T)
of any alien having such status employed by the petitioner,
beginning 90 days after the date the finding is made, unless
the alien has obtained from the Attorney authorization to
change employers during the 90-day period;
``(ii) may not approve any other petition filed by the
petitioner under subsection (c)(10)(A); and
``(iii) may impose such other administrative remedies
(including civil monetary penalties in an amount not to exceed
$10,000 per violation) as the Attorney General determines to be
appropriate.
``(D) Notwithstanding any other provision of law, civil money
penalties collected under this paragraph shall be deposited in the
Treasury in accordance with section 286(t).
``(8)(A) The Attorney General shall submit every 6 months to the
Committees on the Judiciary of the House of Representatives and of the
Senate a report describing, with respect to petitions under section
101(a)(15)(T) for the previous 6-month period, the number aliens
granted nonimmigrant status pursuant to such petitions. Such data shall
be reported on a monthly basis for each month in the reporting period.
``(B) The Attorney General shall submit annually to the Committees
on the Judiciary of the House of Representatives and of the Senate a
report describing, with respect to each workers included in such
approved petitions under section 101(a)(15)(T) for the previous fiscal
year, the following:
``(i) Occupation.
``(ii) Employer.
``(iii) Annual total compensation.
``(iv) Highest degree completed at an institution of higher
education described in paragraph (2)(B).
``(v) Name of such institution.
``(vi) Concentration or major with respect to such
degree.''.
(c) Collection and Use of Fees.--
(1) Imposition of fee.--Section 214(c) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at
the end the following:
``(10)(A) The question of providing any alien status as a
nonimmigrant under section 101(a)(15)(T) in any specific case or
specific cases shall be determined by the Attorney General upon
petition of the employer seeking to employ the alien. Such petition
shall be made and approved before the status is granted, and, in the
case of a petition described in subparagraph (B)(i), the petition shall
be made and approved before the alien obtains the degree described in
subsection (n)(3)(B). The petition shall be in such form and contain
such information as the Attorney General shall prescribe, consistent
with subsection (n), and shall specify a period of intended employment.
The approval of such a petition shall not, of itself, be construed as
establishing that the alien is a nonimmigrant with such status.
``(B) The Attorney General shall impose a fee on an employer filing
a petition under subparagraph (A)--
``(i) initially to grant an alien nonimmigrant status
described in section 101(a)(15)(T);
``(ii) to extend the stay of an alien having such status
(unless the employer previously has obtained an extension for
such alien); or
``(iii) to obtain authorization for an alien having such
status to change employers.
``(C) The amount of the fee shall be $500 for each petition filed
under clause (ii) or (iii) of subparagraph (B) and $1,000 for each
petition filed under subparagraph (B)(i).
``(D) Fees collected under this paragraph shall be deposited in the
Treasury in accordance with section 286(t).''.
(2) Establishment of account; use of fees.--Section 286 of
the Immigration and Nationality Act (8 U.S.C. 1356) is amended
by adding at the end the following:
``(t) High-Tech Education Fund Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`High-Tech Education Fund Account'. Notwithstanding any other
provision of law, there shall be deposited as offsetting
receipts into the account all fees collected under section
214(c)(10) and all civil money penalties collected under
section 214(n)(7)(C).
``(2) Use of fees for k-12 mathematics, science, and
computer science education.--Except as provided in paragraph
(3), amounts deposited into the High-Tech Education Fund
Account shall remain available to the Director of the National
Science Foundation until expended to make merit-reviewed
grants, under section 3(a)(1) of the National Science
Foundation Act of 1950 (43 U.S.C. 1862(a)(1)), for programs
that provide opportunities for enrollment in academic
enrichment courses in mathematics, science, and computer
science for elementary and secondary school students.
``(3) Use of fees for duties relating to petitions.--3
percent of the amounts deposited into the High-Tech Education
Fund Account shall remain available to the Attorney General
until expended to carry out duties under subsections (c)(10)
and (n) of section 214.''.
(d) Effective Date; Sunset.--
(1) Effective date.--The amendments made by this section
shall take effect beginning with fiscal year 2000.
(2) Sunset.--The amendments made by subsections (a), (b),
and (c)(1) shall cease to be effective on September 30, 2004,
except with respect to any alien having nonimmigrant status
pursuant to such amendments before such date. In the case of
such an alien, the amendments made by subsections (a) and (b)
shall remain in effect until the date on which such
nonimmigrant status otherwise would expire (disregarding any
potential extension of status). | Sets forth related employer filing and enforcement provisions.
Establishes in the Treasury the High-Tech Education Fund Account. | {"src": "billsum_train", "title": "BRAIN Act"} | 3,341 | 25 | 0.316028 | 0.836943 | 0.20577 | 2.409091 | 129.681818 | 0.772727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thomas Jefferson Researcher's
Privilege Act of 1999''.
SEC. 2. FREEDOM OF INFORMATION REQUESTS.
Section 552(b)(4) of title 5, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)''; and
(2) by adding at the end the following:
``(B) data, records, or information, including
actual research documents, collected or produced in the
conduct of or as a result of study or research on
academic, commercial, scientific, or technical issues,
including--
``(i) unpublished lecture notes,
unpublished research notes, data, processes,
results or other confidential information from
research which is in progress, unpublished or
not yet verified; or
``(ii) any other information related to
research, the disclosure of which could
affect--
``(I) the conduct or outcome of the
research;
``(II) the likelihood of similar
research in the future;
``(III) the ability to obtain
patents or copyrights from the
research; or
``(IV) any other proprietary rights
any entity may have in the research or
results of the research;''.
SEC. 3. FEDERAL RULES OF CIVIL PROCEDURE.
Rule 45(c)(3) of the Federal Rules of Civil Procedure is amended--
(1) in subparagraph (A)--
(A) in clause (iv) by striking the period and
inserting a comma and ``or''; and
(B) by adding at the end the following:
``(v) requires disclosure of data, records, or
information, including actual research documents,
collected or produced in the conduct of or as a result
of study or research on academic, commercial,
scientific, or technical issues, including--
``(I) unpublished lecture notes,
unpublished research notes, data, processes,
results or other confidential information from
research which is in any progress, unpublished
or not yet verified, or
``(II) any other information related to
research, the disclosure of which could affect
the conduct or outcome of the research, the
likelihood of similar research in the future,
the ability to obtain patents or copyrights
from the research, or any other proprietary
rights any entity may have in the research or
results of the research.''; and
(2) in subparagraph (B)--
(A) in clause (iii) by inserting ``or'' after the
comma; and
(B) by inserting after clause (iii) the following:
``(iv) requires disclosure of data, records, or
information, including actual research documents,
collected or produced in the conduct of or as a result
of study or research on academic, commercial,
scientific, or technical issues, including--
``(I) unpublished lecture notes,
unpublished research notes, data, processes,
results or other confidential information from
research which is in any progress, unpublished
or not yet verified, or
``(II) any other information related to
research, the disclosure of which could affect
the conduct or outcome of the research, the
likelihood of similar research in the future,
the ability to obtain patents or copyrights
from the research, or any other proprietary
rights any entity may have in the research or
the results of the research.''.
SEC. 4. FEDERAL RULES OF EVIDENCE.
Article V of the Federal Rules of Evidence is amended by adding
after rule 501 the following:
``Rule 502. Privilege for research information
``A person engaged in the study or research of academic,
commercial, scientific, or technical issues may claim the privilege to
refuse to disclose data, records, or information, including actual
research documents, concerning that study or research. Such person may
refuse to disclose unpublished lecture notes, unpublished research
notes, data, processes, results, or other confidential information from
research which is in any progress, unpublished or not yet verified, and
any other information related to research, the disclosure of which
could affect the conduct or outcome of the research, the likelihood of
similar research in the future, the ability to obtain patents or
copyrights from the research, or any other proprietary rights any
entity may have in the research or the results of the research.''.
SEC. 5. REPEAL OF REQUIREMENT REGARDING DATA PRODUCED UNDER FEDERAL
GRANTS AND AGREEMENTS AWARDED TO INSTITUTIONS OF HIGHER
EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATIONS.
The fifth and sixth provisos under the subheading ``salaries and
expenses'' under the heading ``OFFICE OF MANAGEMENT AND BUDGET'' under
title III of the Treasury and General Government Appropriations Act,
1999 (Public Law 105-277; 112 Stat. 2681-495) are repealed. | Thomas Jefferson Researcher's Privilege Act of 1999 - Amends the Freedom of Information Act (FOIA) to make FOIA inapplicable to matters that are data, records, or information, including actual research documents, collected or produced in the conduct of or as a result of study or research on academic, commercial, scientific, or technical issues, including: (1) unpublished lecture notes, unpublished research notes, data, processes, results, or other confidential information from research which is in progress, unpublished, or not yet verified; or (2) any other information related to research, the disclosure of which could affect the conduct or outcome of the research, the likelihood of similar research in the future, the ability to obtain patents or copyrights from the research, or any other proprietary rights any entity may have in the research or results of the research.
(Sec. 3) Amends Rule 45 of the Federal Rules of Civil Procedure to require the court by which a subpoena was issued, on timely motion, to quash or modify the subpoena if it requires disclosure of data, records, or information, including actual research documents, collected or produced in the conduct of or as a result of study or research on academic, commercial, scientific, or technical issues.
Authorizes the court: (1) if a subpoena requires disclosure of such data, records, or information, to protect a person subject to or affected by the subpoena, to quash or modify the subpoena; or (2) if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, to order appearance or production only upon specified conditions.
(Sec. 4) Amends the Federal Rules of Evidence to authorize a person engaged in the study or research of academic, commercial, scientific, or technical issues to claim a privilege to refuse to disclose data, records, or information concerning that study or research.
(Sec. 5) Repeals the provision (regarding data produced under Federal grants and agreements awarded to institutions of higher education, hospitals, and other non-profit organizations under the Treasury and General Government Appropriations Act, 1999) that: (1) requires the Director of the Office of Management and Budget (OMB) to amend OMB Circular A-110 to require Federal awarding agencies to ensure that all data produced under an award will be made available to the public through procedures established under FOIA; and (2) allows the agency obtaining the data, if it does so solely at the request of a private party, to authorize a reasonable user fee equaling the incremental cost of obtaining the data. | {"src": "billsum_train", "title": "Thomas Jefferson Researcher's Privilege Act of 1999"} | 1,096 | 612 | 0.717688 | 2.532428 | 0.825426 | 4.748106 | 1.918561 | 0.797348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``H-Prize Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administering entity.--The term ``administering
entity'' means the entity with which the Secretary enters into
an agreement under section 3(c).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PRIZE AUTHORITY.
(a) In General.--The Secretary shall carry out a program to
competitively award cash prizes only in conformity with this Act to
advance the research, development, demonstration, and commercial
application of hydrogen energy technologies.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions to encourage broad participation, including
by individuals, universities (including historically Black
colleges and universities and other minority serving
institutions), and large and small businesses (including
businesses owned or controlled by socially and economically
disadvantaged persons).
(2) Announcement through federal register notice.--The
Secretary shall announce each prize competition by publishing a
notice in the Federal Register. This notice shall include the
subject of the competition, the duration of the competition,
the eligibility requirements for participation in the
competition, the process for participants to register for the
competition, the amount of the prize, and the criteria for
awarding the prize.
(c) Administering the Competitions.--The Secretary shall enter into
an agreement with a private, nonprofit entity to administer the prize
competitions, subject to the provisions of this Act. The duties of the
administering entity under the agreement shall include--
(1) advertising prize competitions and their results;
(2) raising funds from private entities and individuals to
pay for administrative costs and to contribute to cash prizes;
(3) working with the Secretary to develop the criteria for
selecting winners in prize competitions, based on goals
provided by the Secretary;
(4) determining, in consultation with the Secretary, the
appropriate amount for each prize to be awarded;
(5) selecting judges in accordance with section 4(d), using
criteria developed in consultation with the Secretary; and
(6) preventing the unauthorized use or disclosure of a
registered participant's intellectual property, trade secrets,
and confidential business information.
(d) Funding Sources.--Prizes under this Act shall consist of
Federal appropriated funds and any funds provided by the administering
entity (including funds raised pursuant to subsection (c)(2)) for such
cash prizes. The Secretary may accept funds from other Federal agencies
for such cash prizes. The Secretary may not give any special
consideration to any private sector entity or individual in return for
a donation to the administering entity.
(e) Announcement of Prizes.--The Secretary may not issue a notice
required by subsection (b)(2) until all the funds needed to pay out the
announced amount of the prize have been appropriated or committed in
writing by the administering entity. The Secretary may increase the
amount of a prize after an initial announcement is made under
subsection (b)(2) if--
(1) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(2) the funds needed to pay out the announced amount of the
increase have been appropriated or committed in writing by the
administering entity.
(f) Sunset.--The authority to announce prize competitions under
this Act shall terminate on September 30, 2017.
SEC. 4. PRIZE CATEGORIES.
(a) Categories.--The Secretary shall establish prizes for--
(1) advancements in components or systems related to--
(A) hydrogen production;
(B) hydrogen storage;
(C) hydrogen distribution; and
(D) hydrogen utilization;
(2) prototypes of hydrogen-powered vehicles or other
hydrogen-based products that best meet or exceed objective
performance criteria, such as completion of a race over a
certain distance or terrain or generation of energy at certain
levels of efficiency; and
(3) transformational changes in technologies for the
distribution or production of hydrogen that meet or exceed far-
reaching objective criteria, which shall include minimal carbon
emissions and which may include cost criteria designed to
facilitate the eventual market success of a winning technology.
(b) Awards.--
(1) Advancements.--To the extent permitted under section
3(e), the prizes authorized under subsection (a)(1) shall be
awarded biennially to the most significant advance made in each
of the four subcategories described in subparagraphs (A)
through (D) of subsection (a)(1) since the submission deadline
of the previous prize competition in the same category under
subsection (a)(1) or the date of enactment of this Act,
whichever is later, unless no such advance is significant
enough to merit an award. No one such prize may exceed
$1,000,000. If less than $4,000,000 is available for a prize
competition under subsection (a)(1), the Secretary may omit one
or more subcategories, reduce the amount of the prizes, or not
hold a prize competition.
(2) Prototypes.--To the extent permitted under section
3(e), prizes authorized under subsection (a)(2) shall be
awarded biennially in alternate years from the prizes
authorized under subsection (a)(1). The Secretary is authorized
to award up to one prize in this category in each 2-year
period. No such prize may exceed $4,000,000. If no registered
participants meet the objective performance criteria
established pursuant to subsection (c) for a competition under
this paragraph, the Secretary shall not award a prize.
(3) Transformational technologies.--To the extent permitted
under section 3(e), the Secretary shall announce one prize
competition authorized under subsection (a)(3) as soon after
the date of enactment of this Act as is practicable. A prize
offered under this paragraph shall be not less than
$10,000,000, paid to the winner in a lump sum, and an
additional amount paid to the winner as a match for each dollar
of private funding raised by the winner for the hydrogen
technology beginning on the date the winner was named. The
match shall be provided for 3 years after the date the prize
winner is named or until the full amount of the prize has been
paid out, whichever occurs first. A prize winner may elect to
have the match amount paid to another entity that is continuing
the development of the winning technology. The Secretary shall
announce the rules for receiving the match in the notice
required by section 3(b)(2). The Secretary shall award a prize
under this paragraph only when a registered participant has met
the objective criteria established for the prize pursuant to
subsection (c) and announced pursuant to section 3(b)(2). Not
more than $10,000,000 in Federal funds may be used for the
prize award under this paragraph. The administering entity
shall seek to raise $40,000,000 toward the matching award under
this paragraph.
(c) Criteria.--In establishing the criteria required by this Act,
the Secretary shall consult with--
(1) the Department's Hydrogen Technical and Fuel Cell
Advisory Committee;
(2) other Federal agencies, including the National Science
Foundation; and
(3) private organizations, including professional
societies, industry associations, and the National Academy of
Sciences and the National Academy of Engineering.
(d) Judges.--For each prize competition, the Secretary shall
assemble a panel of qualified judges to select the winner or winners on
the basis of the criteria established under subsection (c). Judges for
each prize competition shall include individuals from outside the
Department, including from the private sector. A judge may not--
(1) have personal or financial interests in, or be an
employee, officer, director, or agent of, any entity that is a
registered participant in the prize competition for which he or
she will serve as a judge; or
(2) have a familial or financial relationship with an
individual who is a registered participant in the prize
competition for which he or she will serve as a judge.
SEC. 5. ELIGIBILITY.
To be eligible to win a prize under this Act, an individual or
entity--
(1) shall have complied with all the requirements in
accordance with the Federal Register notice required under
section 3(b)(2);
(2) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, whether participating
singly or in a group, shall be a citizen of, or an alien
lawfully admitted for permanent residence in, the United
States; and
(3) shall not be a Federal entity, a Federal employee
acting within the scope of his employment, or an employee of a
national laboratory acting within the scope of his employment.
SEC. 6. INTELLECTUAL PROPERTY.
The Federal Government shall not, by virtue of offering or awarding
a prize under this Act, be entitled to any intellectual property rights
derived as a consequence of, or direct relation to, the participation
by a registered participant in a competition authorized by this Act.
This section shall not be construed to prevent the Federal Government
from negotiating a license for the use of intellectual property
developed for a prize competition under this Act.
SEC. 7. LIABILITY.
(a) Waiver of Liability.--The Secretary may require registered
participants to waive claims against the Federal Government and the
administering entity (except claims for willful misconduct) for any
injury, death, damage, or loss of property, revenue, or profits arising
from the registered participants' participation in a competition under
this Act. The Secretary shall give notice of any waiver required under
this subsection in the notice required by section 3(b)(2). The
Secretary may not require a registered participant to waive claims
against the administering entity arising out of the unauthorized use or
disclosure by the administering entity of the registered participant's
intellectual property, trade secrets, or confidential business
information.
(b) Liability Insurance.--
(1) Requirements.--Registered participants shall be
required to obtain liability insurance or demonstrate financial
responsibility, in amounts determined by the Secretary, for
claims by--
(A) a third party for death, bodily injury, or
property damage or loss resulting from an activity
carried out in connection with participation in a
competition under this Act; and
(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
(2) Federal government insured.--The Federal Government
shall be named as an additional insured under a registered
participant's insurance policy required under paragraph (1)(A),
and registered participants shall be required to agree to
indemnify the Federal Government against third party claims for
damages arising from or related to competition activities.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) Awards.--There are authorized to be appropriated to the
Secretary for the period encompassing fiscal years 2007 through
2016 for carrying out this Act--
(A) $20,000,000 for awards described in section
(4)(a)(1);
(B) $20,000,000 for awards described in section
4(a)(2); and
(C) $10,000,000 for the award described in section
4(a)(3).
(2) Administration.--In addition to the amounts authorized
in paragraph (1), there are authorized to be appropriated to
the Secretary for each of fiscal years 2007 through 2016
$2,000,000 for the administrative costs of carrying out this
Act.
(b) Carryover of Funds.--Funds appropriated for prize awards under
this Act shall remain available until expended, and may be transferred,
reprogrammed, or expended for other purposes only after the expiration
of 10 fiscal years after the fiscal year for which the funds were
originally appropriated. No provision in this Act permits obligation or
payment of funds in violation of section 1341 of title 31 of the United
States Code (commonly referred to as the Anti-Deficiency Act).
SEC. 9. NONSUBSTITUTION.
The programs created under this Act shall not be considered a
substitute for Federal research and development programs.
Passed the House of Representatives May 10, 2006.
Attest:
KAREN L. HAAS,
Clerk. | H-Prize Act of 2006 - (Sec. 3) Directs the Secretary of Energy to award competitive cash prizes biennially to advance the research, development, demonstration, and commercial application of hydrogen energy technologies.
Instructs the Secretary to widely advertise prize competitions to encourage broad participation, including by individuals, universities (including historically Black colleges and universities and other minority-serving institutions), and large and small businesses (including businesses owned or controlled by socially and economically disadvantaged persons).
Directs the Secretary enter into an agreement with a private, nonprofit entity to administer the prize competitions.
States that funding sources for such cash prizes shall consist of federal appropriated funds and funds provided by the administering entity.
Terminates the authority to announce the prize competitions on September 30, 2017.
(Sec. 4) Designates prize-eligible categories, including: (1) advancements in certain hydrogen components or systems; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that meet or exceed certain performance criteria; and (3) transformational changes in technologies for hydrogen distribution or production that meet or exceed far-reaching criteria, including minimal carbon emissions, and which may include cost criteria designed to facilitate the eventual market success of a winning technology.
Prescribes guidelines for implementation and eligibility.
(Sec. 6) Declares that the federal government shall not, by virtue of offering or awarding a prize under this Act, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this Act.
(Sec. 7) Prescribes guidelines for waiver of liability by registered participants.
(Sec. 8) Authorizes appropriations for FY2007-FY2016. Prescribes award allocation guidelines.
(Sec. 9) States that the programs created under this Act shall not be considered a substitute for federal research and development programs. | {"src": "billsum_train", "title": "To authorize the Secretary of Energy to establish monetary prizes for achievements in overcoming scientific and technical barriers associated with hydrogen energy."} | 2,604 | 412 | 0.718951 | 2.410187 | 0.898947 | 5.962162 | 6.713514 | 0.940541 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ACO Improvement Act of 2016''.
SEC. 2. MEDICARE ACO PROGRAM IMPROVEMENTS.
(a) Improving Outcomes Through Greater Beneficiary Engagement.--
(1) In general.--Section 1899 of the Social Security Act
(42 U.S.C. 1395jjj) is amended by adding at the end the
following new subsection:
``(l) Improving Outcomes Through Greater Beneficiary Engagement.--
``(1) Use of beneficiary incentives.--Subject to approval
of the Secretary, the Secretary shall permit an ACO--
``(A) to reduce or eliminate cost-sharing otherwise
applicable under part B for some or all primary care
services (as identified by the ACO) furnished by health
care professionals (including, as applicable,
professionals furnishing services through a rural
health clinic or Federally qualified health center)
within the network of the ACO; and
``(B) to develop additional incentives to encourage
patient engagement and participation in their own
wellness.
The cost of the incentives under this paragraph shall be borne
by the ACO and shall not affect the payments to the ACO under
subsection (d).
``(2) Fostering stronger patient-provider ties.--
``(A) Permitting prospective assignment of
beneficiaries.--
``(i) In general.--Subject to clause (ii),
in carrying out subsection (c) with respect to
any agreement with an ACO under this section,
the ACO may elect under any such agreement
prospective assignment of Medicare fee-for-
service beneficiaries before the beginning of a
year to the ACO and a primary care ACO
professional.
``(ii) Beneficiary selection of primary
care aco professionals.--The Secretary shall
permit a beneficiary to select the primary care
ACO professional within the ACO to which the
beneficiary is assigned.
``(B) Inclusion of aco information in welcome to
medicare visit and annual wellness visits.--The
Secretary may encourage a primary care ACO professional
to include, as part of the initial preventive physical
examination under section 1861(ww)(1) or personalized
prevention plan services under section 1861(hhh)(1) for
a Medicare fee-for-service beneficiary assigned to that
professional under this section, to provide the
beneficiary with information concerning the ACO program
under this section, including information on any cost-
sharing reductions allowed under this section.
``(3) Moving from volume to value.--Subject to paragraph
(4)--
``(A) Regulatory relief for moving to two-sided
risk.--In the case of an ACO that has elected a two-
sided risk model (as provided for under regulations),
in addition to the authority provided under paragraph
(1), the Secretary shall provide the following
regulatory relief:
``(i) 3-day prior hospitalization waiver
for snf services.--Waiver of the 3-day prior
hospitalization requirement for coverage of
skilled nursing facility services.
``(ii) Homebound requirement waiver for
home health services.--Waiver of the homebound
requirement for coverage of home health
services.
``(B) Improving care coordination through access to
telehealth.--
``(i) Flexibility in furnishing telehealth
services.--In applying section 1834(m) in the
case of an ACO, the Secretary shall grant a
waiver, and the ACO may elect, to have the
limitations on originating site (under
paragraph (4)(C) of such section) and on the
use of store-and-forward technologies (under
paragraph (1) of such section) not apply. The
previous sentence shall not be construed as
affecting the authority of the Secretary under
subsection (f) to waive other provisions of
such section.
``(ii) Provision of remote monitoring in
connection with home health services.--Nothing
in this section shall be construed as
preventing an ACO from paying for remote
patient monitoring and home-based video
conferencing services in connection with the
provision of home health services (under
conditions for which payment for such services
would not be made under section 1895 for such
services) in a manner that is financially not
more expensive than the furnishing of a home
health visit.
``(C) Moving up risk track annually.--Each year of
an agreement period, the Secretary shall permit an ACO
to make an election to assume greater risk.
``(4) Discretionary revocation.--The Secretary may revoke,
at the Secretary's discretion, a waiver granted under paragraph
(3).
``(5) Provisions for sharing of internal cost savings.--
``(A) In general.--Subject to the succeeding
provisions of this paragraph, the Secretary shall
permit an ACO to distribute internal cost savings among
ACO participants pursuant to an internal cost savings
sharing arrangement if the arrangement meets the
requirements of subparagraph (B) and the ACO meets the
reporting requirements of subparagraph (C) with respect
to such arrangement.
``(B) Requirements relating to design of
arrangement.--The requirements of this subparagraph for
an internal cost savings sharing arrangement of an ACO
are as follows:
``(i) No reduction in medically necessary
care.--ACO participants may not reduce or limit
medically necessary items and services
furnished to Medicare fee-for-service
beneficiaries.
``(ii) Voluntary participation.--
Participation by providers of services and
suppliers in the arrangement is voluntary.
``(iii) Transparency.--The arrangement is
transparent and subject to audit by the
Secretary.
``(iv) Quality of care.--ACO participants
participating in the arrangement meet quality
performance standards established by the
Secretary under subsection (b)(3).
``(v) Payment methodology.--Distributions
of internal cost savings under the arrangement
is not based on the volume or value of
referrals or business otherwise generated.
``(C) Reporting requirements.--The requirements of
this subparagraph for an arrangement of an ACO is that
the ACO provides the following information to the
Secretary for purposes of evaluating the arrangement:
``(i) Methodology.--The methodology for
distributions of internal cost savings under
the arrangement among all ACO participants,
including the frequency of and the criteria for
such distributions.
``(ii) Care redesign.--A detailed
explanation of how the arrangement will achieve
improved quality and patient experience, as
well as the anticipated cost savings.
``(iii) Eligibility to participate in
arrangement.--The criteria for participation by
ACO participants, particularly professionals,
in the arrangement.
``(iv) Distribution plan.--A comprehensive
plan for distributions of internal cost savings
under the arrangement.
``(D) Waivers.--The Secretary shall waive such
provisions of this title and title XI as may be
necessary to carry out this paragraph.
``(E) Definitions.--In this paragraph:
``(i) Internal cost savings sharing
arrangement.--The term `internal cost savings
sharing arrangement' means an arrangement among
ACO participants of an ACO for the
distributions of internal cost savings to such
ACO participants, including to ACO
professionals, solely from gains or savings
that are a direct result of collaborative
efforts among ACO participants of an ACO to
improve the quality and efficiency of care
furnished to Medicare fee-for-service
beneficiaries, but does not include shared
savings under subsection (d)(2).
``(ii) Distribution of internal cost
savings.--The term `distribution of internal
cost savings' means a payment of a percentage
of the gains or savings from an internal cost
savings sharing arrangement to ACO
participants.
``(iii) ACO participants.--The term `ACO
participants' means providers of services and
suppliers participating in an ACO who
voluntarily participate in an internal cost
savings sharing arrangement under this
paragraph.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply as if included in the enactment of section 3022 of
Public Law 111-148.
(3) Conforming amendment.--Effective as if included in the
enactment of section 3021 of Public Law 111-148, the provisions
of section 1899(l)(5) of the Social Security Act (relating to
authority for distributions of internal cost savings under
internal cost savings sharing arrangements), as added by
paragraph (1), shall apply to participants in accountable care
organization payment and service delivery models (and other
appropriate models) tested pursuant to section 1115A of the
Social Security Act (42 U.S.C. 1315a).
(b) Study and Report on Feasibility on Providing Electronic Access
to Medicare Claims Data.--
(1) Study.--The Secretary of Health and Human Services
shall conduct a study regarding the feasibility of establishing
a system of electronic access of providers of services and
suppliers to in-process and complete patient claims data. Such
system may be a modification of an existing database, such as
the Virtual Research Data Center. The study shall take into
account the measures needed to ensure the security and privacy
of beneficiary and provider information.
(2) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on such study. The Secretary shall include in
such report such recommendations as the Secretary deems
appropriate.
(c) Assignment Taking Into Account Services of Non-Physician
Practitioners in Cases of ACOs in Rural or Underserved Areas or
Affiliated With an FQHC or Rural Health Clinic.--Section 1899(c) of the
Social Security Act (42 U.S.C. 1395jjj(c)) is amended by inserting
before the period at the end the following: ``, except that, for
performance years beginning on or after January 1, 2017, in the case of
an ACO that is located in a rural or medically underserved area or that
is affiliated with a Federally qualified health center or rural health
clinic, such determination shall be based on their utilization of
primary care services provided under this title by any ACO
professional''.
(d) Permitting De Minimis Variation From Minimum Enrollment
Requirement.--Section 1899(b)(2)(D) of the Social Security Act (42
U.S.C. 1395jjj(b)(2)(D)) is amended by inserting before the period at
the end the following: ``, except that the Secretary may permit an ACO
with fewer than 5,000 participants by a de minimis number (not to
exceed 100) to be eligible to continue to participate in cases where
such fewer number does not negatively impact the ACO's participation in
the program and the ACO meets other conditions to be so eligible''.
(e) Payments for Shared Savings.--Section 1899(d)(2) of the Social
Security Act (42 U.S.C. 1395jjj(d)(2)) is amended by adding at the end
the following: ``For plan years beginning on or after January 1, 2017,
the Secretary may use a sliding scale to increase by up to 10
percentage points the appropriate percent otherwise applied under this
paragraph for an ACO that achieves the median of quality performance
standards, or achieves quality improvement scores above such median,
established under subsection (b)(3). The Secretary shall not decrease
such appropriate percent otherwise applied to an ACO because of the
application of an increase under the previous sentence for another
ACO.''.
(f) Demonstration for Allowing Growth of HCC Scores.--Section
1899(d)(1)(B)(ii) of the Social Security Act (42 U.S.C.
1395jjj(d)(1)(B)(ii)) is amended by adding at the end the following:
``In carrying out this subsection, the Secretary shall establish a 3-
year demonstration project that develops and applies a methodology,
similar to the Medicare Advantage normalization factor applied under
section 1853(a)(3), that allows growth of HCC scores for those who are
continuously enrolled with an ACO. The Secretary shall submit to
Congress a report on the results of such demonstration project.''.
(g) Creating Incentives for ACO Development.--The Secretary of
Health and Human Services may develop a mechanism to make permanent
those ACO-related pilot programs, including the Advance Payment ACO
Model, that have been successful. The Secretary shall submit to
Congress a report on the mechanism and shall include in the report such
recommendations, including such changes in legislation, as the
Secretary deems appropriate. | ACO Improvement Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to allow an accountable care organization (ACO) to: (1) reduce or eliminate certain cost-sharing for primary care services provided within the ACO's network; (2) develop incentives to encourage patient engagement; (3) elect prospective assignment of Medicare fee-for-service beneficiaries; and (4) if specified requirements are met, distribute internal cost savings. The Centers for Medicare & Medicaid Services (CMS) shall waive specified regulatory requirements for ACOs that have elected to share in both savings and losses under a "two-sided risk model." In addition, the bill: (1) requires CMS to waive, with respect to certain ACOs, specified limitations regarding telehealth services; (2) allows certain ACOs to depart slightly from specified minimum enrollment requirements; (3) requires CMS to establish a demonstration project for allowing growth of certain prospective risk scores; (4) and allows CMS to make permanent certain ACO-related pilot programs that have been successful. | {"src": "billsum_train", "title": "ACO Improvement Act of 2016"} | 2,789 | 241 | 0.564155 | 1.710962 | 0.766872 | 2.174757 | 11.781553 | 0.834951 |
SECTION 1. PROCEDURES GOVERNING RETIREE HEALTH BENEFITS.
(a) In General.--Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is
amended by adding at the end the following new section:
``SEC. 516. PROCEDURES GOVERNING THE TERMINATION OR SUBSTANTIAL
REDUCTION OF RETIREE HEALTH BENEFITS.
``(a) Termination or Substantial Reduction of Retiree Health
Benefits.--A plan or plan sponsor may terminate or substantially reduce
retiree health benefits under an employee welfare benefit plan, or plan
or plan sponsor payments in connection with such benefits only in
accordance with the provisions of this section.
``(b) Proposal Requirement.--
``(1) Prior to terminating or substantially reducing
retiree health benefits or plan or plan sponsor payments in
connection with such benefits, a plan sponsor shall--
``(A) petition a court of competent jurisdiction
for the appointment of an authorized representative for
the retirees whose benefits may be terminated or
substantially reduced;
``(B) make a proposal to the authorized
representative of the retirees covered by the plan,
based on the most complete and reliable information
available at the time of such proposal, which assures
that all of the affected parties are treated fairly and
equitably; and
``(C) provide, subject to subsection (c)(2), the
representative of the retirees with such relevant
information as is necessary to evaluate the proposal.
``(2) During the period beginning on the date of the making
of a proposal provided for in paragraph (1) and ending on the
date of the hearing provided for in subsection (c)(1), the plan
sponsor shall meet, at reasonable times, with the authorized
representative to confer in good faith in attempting to reach
mutually satisfactory modifications of such plan.
``(3) For purposes of this section the term `authorized
representative' means the authorized representative designated
pursuant to subparagraph (A) for persons receiving any retiree
benefits covered by a collective bargaining agreement or
subparagraph (B) in the case of persons receiving retiree
benefits not covered by such agreement.
``(A) A labor organization shall be the authorized
representative of those persons receiving any retiree
benefits covered by any collective bargaining agreement
to which that labor organization is signatory, unless
(i) such labor organization elects not to serve as the
authorized representative of such person, or (ii) the
court, upon a motion by any participant or beneficiary,
after notice and hearing, determines that different
representation of such persons is appropriate. In cases
where the labor organization elects not to serve as the
authorized representative of those persons receiving
any retiree benefits covered by any collective
bargaining agreement to which that labor organization
is signatory, or in cases where the court finds
different representation of such persons appropriate,
the court, upon a motion by any participant or
beneficiary, and after notice and a hearing, shall
appoint an authorized representative of retired
employees if the plan or plan sponsor seeks to
terminate or substantially reduce the retiree benefits
or if the court otherwise determines that such
appointment is appropriate, from among such persons.
``(B) The court, upon a motion by any participant
or beneficiary, and after notice and a hearing, shall
appoint an authorized representative of retired
employees if the plan or plan sponsor seeks to
terminate or substantially reduce the retiree benefits
or if the court otherwise determines that it is appropriate, to appoint
an authorized representative of those persons receiving any retiree
benefits not covered by a collective bargaining agreement.
``(4) The court may order a plan sponsor to pay reasonable
expenses to the authorized representative.
``(c) Hearings.--
``(1) If an action is brought by any participant or
beneficiary to enjoin or otherwise modify such termination or
substantial reduction, the court without requirement of any
additional showing shall order the plan and plan sponsor to
maintain the retiree health benefits and payments at the level
in effect immediately before the termination or substantial
reduction while the action is pending in any court. No security
or other undertaking shall be required of any participant or
beneficiary as a condition for issuance of such relief. In
addition, the court shall schedule a hearing to be held not
later than fourteen days after the date of the filing of such
action. All interested parties may appear and be heard at such
hearing. Adequate notice shall be provided to such parties at
least ten days before the date of such hearings. The court may
extend the time for the commencement of such hearing for a
period not exceeding seven days where the circumstances of the
case, and the interests of justice require such extension, or
for additional periods of time to which the plan sponsor and
representative agree.
``(2) The court may enter such protective orders,
consistent with the need of the authorized representative of
the retiree to evaluate the proposal of the plan sponsor to
substantially reduce or terminate retiree health benefits or
plan or plan sponsor payments in connection with such benefits.
``(3) If retiree health benefits under an employee welfare
benefit plan or plan or plan sponsor payments in connection
with such benefits are to be or have been terminated or
substantially reduced, and an action is brought by any
participant or beneficiary to enjoin or otherwise modify such
termination or substantial reduction, the court shall take into
account extrinsic evidence to determine the intent of the plan.
``(4) If the terms of an employee welfare benefit plan,
summary plan description, or other materials distributed to
employees at any time before a participant's retirement or
disability, are silent or are ambiguous, either on their face
or after consideration of extrinsic evidence, as to whether
retiree health benefits and payments may be terminated or
substantially reduced for a participant and his or her
beneficiaries after the participant's retirement or disability,
then the benefits and payments shall not be terminated or
substantially reduced for the participant and his or her
beneficiaries unless the plan or plan sponsor establishes by a
preponderance of the evidence that the summary plan description
or other materials about retiree benefits--
``(A) were distributed to the participant at least
90 days in advance of retirement or disability;
``(B) did not promise retiree health benefits for
the lifetime of the participant and his or her spouse;
and
``(C) clearly and specifically disclosed that the
plan allowed such termination or substantial reduction
as to the participant after the time of his or her
retirement or disability.
The disclosure described in subparagraph (C) must have been made
prominently and in language which can be understood by the average plan
participant.
``(5) The court shall approve a substantial reduction or
termination of retiree health benefits or plan or plan sponsor
payments in connection with such benefits only if the court
finds that--
``(A) the collective bargaining agreement
explicitly provides for a substantial reduction or
termination of such benefits; or
``(B)(i) the plan sponsor has, prior to the
hearing, made a proposal that fulfills the requirements
of subsection (b)(1);
``(ii) the authorized representative of the
employees has refused to accept such proposal without
good cause; and
``(iii) the balance of the equities clearly favors
substantially reducing or terminating retiree health
benefits or plan or plan sponsor payments in connection
with such benefits.
``(d) Retiree Health Benefits.--For the purposes of this section,
the term `retiree health benefits' means health benefits (including
coverage) which are provided to--
``(1) retired or disabled employees who, immediately before
the termination or substantial reduction, have a reasonable
expectation to receive such benefits upon retirement or
becoming disabled; and
``(2) their spouses or dependents.''.
(b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by inserting after the item relating to section 515
the following new item:
``Sec. 516. Procedures governing termination and substantial reduction
of retiree health benefits.''
(c) Effective Date.--The amendments made by this section shall
apply to actions relating to terminations or substantial reductions of
retiree health benefits which are pending or brought, on or after
August 1, 1996. | Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish procedures governing an employee benefit plan or plan sponsor's termination or substantial reduction of retiree health benefits.
Requires, before a court approves a contested termination or substantial reduction, a finding that the balance of equities clearly favors such approval. Allows courts to use extrinsic evidence in determining a plan's intent. | {"src": "billsum_train", "title": "To amend the Employee Retirement Income Security Act of 1974 with respect to rules governing litigation contesting termination or substantial reduction of retiree health benefits, to require a preponderance of evidence for termination or substantial reduction of retiree health benefits, and to allow courts to use extrinsic evidence in determining the intent of a plan."} | 1,804 | 98 | 0.480172 | 1.207313 | 0.756954 | 2.739726 | 23.520548 | 0.821918 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention of Frivolous Ethanol
Lawsuits Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Ethanol is currently widely distributed in commerce for
general use in all conventional gasoline-powered onroad and
nonroad vehicles and nonroad engines in widespread use.
(2) A decision to increase the current blending limit of
ethanol into gasoline for motor vehicle and equipment engines
requires an agency finding that the increased emission products
will not cause or contribute to a failure of any emission
control device or system (over the useful life of the motor
vehicle, motor vehicle engine, nonroad engine or nonroad
vehicle in which such device or system is used).
(3) Significant questions and concerns exist as to the
effects of increasing the current blending limit of ethanol
into gasoline for motor vehicle and equipment engines on the
performance of such engines.
(4) Effects such as increased engine failures, decreased
engine performance, increased consumer complaints, increased
litigation, or other unforeseen effects could have a
significant impact on interstate commerce.
(5) The Federal Trade Commission has proposed labeling
requirements for all fuels distributed in commerce that exceed
the current blending limit of ethanol into gasoline to disclose
to consumers that using such fuels may harm some conventional
vehicles.
(6) A multifaceted Federal testing regimen is currently
underway on newer motor vehicles to determine the effects on
motor vehicle engines of increasing the current blending limit
of ethanol into gasoline.
(7) There is insufficient data on the effects of increasing
the current blending limit of ethanol into gasoline on older
vehicles and nonroad engines.
(8) Nonetheless, the executive branch has--
(A) statutory authority to increase the current
blending limit of ethanol into gasoline; and
(B) is currently undertaking a process to reach a
decision on this issue.
(9) It is appropriate for Congress to mitigate undue
effects on parties engaged in interstate commerce resulting
from a Federal decision to allow an increase of the current
blending limit of ethanol into gasoline.
SEC. 3. TARGETED LIABILITY PROTECTIONS FOR CLAIMS BASED ON DAMAGES
RESULTING FROM, OR AGGRAVATED BY, THE INCLUSION OF
ETHANOL IN CERTAIN FUEL.
(a) Liability Protections.--
(1) In general.--Subject to the other provisions of this
section, a covered entity shall be immune from suit and
liability under Federal and State law with respect to all
claims for loss resulting from, or being aggravated by, the use
of any renewable fuel, as defined by section 211(o)(1) of the
Clean Air Act, and containing ethanol in concentrations of
greater than 10 percent, pursuant to a waiver under section
211(f)(4) of the Clean Air Act, to operate an internal
combustion engine.
(2) Scope of claims for loss.--For purposes of this
section, the term ``loss'' means any type of loss, including--
(A) death;
(B) physical, mental, or emotional injury, illness,
disability, or condition;
(C) fear of physical, mental, or emotional injury,
illness, disability, or condition, including any need
for medical monitoring; and
(D) loss of or damage to property, including
business interruption loss.
Each of subparagraphs (A) through (D) applies without regard to
the date of the occurrence, presentation, or discovery of the
loss described in the subparagraph.
(3) Scope.--The immunity under paragraph (1) applies to any
claim for loss that has a causal relationship with the use of
any renewable fuel, as defined by section 211(o)(1) of the
Clean Air Act, and containing ethanol in concentrations of
greater than 10 percent, pursuant to a waiver under section
211(f)(4) of the Clean Air Act, to operate an internal
combustion engine including a causal relationship with the
design, development, testing or investigation, manufacture,
labeling, distribution, formulation, packaging, marketing,
promotion, sale, purchase, dispensing, administration,
licensing, or use of such renewable fuel.
(b) Exception to Immunity of Covered Persons.--
(1) In general.--Subject to subsection (i), the sole
exception to the immunity from suit and liability of covered
persons set forth in subsection (a) shall be for an exclusive
Federal cause of action against a covered person for death or
serious physical injury proximately caused by willful
misconduct, as defined pursuant to subsection (c), by such
covered person. For purposes of section 2679(b)(2)(B) of title
28, United States Code, such a cause of action is not an action
brought for violation of a statute of the United States under
which an action against an individual is otherwise authorized.
(2) Persons who can sue.--An action under this subsection
may be brought for wrongful death or serious physical injury by
any person who suffers such injury or by any representative of
such a person.
(c) Procedures for Suit.--
(1) Exclusive federal jurisdiction.--Any action under
subsection (b) shall be filed and maintained only in the United
States District Court for the District of Columbia.
(2) Governing law.--The substantive law for decision in an
action under subsection (b) shall be derived from the law,
including choice of law principles, of the State in which the
alleged willful misconduct occurred, unless such law is
inconsistent with or preempted by Federal law, including
provisions of this section.
(3) Pleading with particularity.--In an action under
subsection (b), the complaint shall plead with particularity
each element of the plaintiff's claim, including--
(A) each act or omission, by each covered person
sued, that is alleged to constitute willful misconduct;
(B) facts supporting the allegation that such
alleged willful misconduct proximately caused the
injury claimed; and
(C) facts supporting the allegation that the person
on whose behalf the complaint was filed suffered death
or serious physical injury.
(4) Verification requirement.--
(A) In general.--The complaint shall include a
verification, made by affidavit of the plaintiff under
oath, stating that the pleading is true to the
knowledge of the deponent, except as to matters
specifically identified as being alleged on information
and belief, and that as to those matters the plaintiff
believes it to be true.
(B) Identification of matters alleged upon
information and belief.--Any matter that is not
specifically identified as being alleged upon the
information and belief of the plaintiff, shall be
regarded for all purposes, including a criminal
prosecution, as having been made upon the knowledge of
the plaintiff.
(5) Proof of willful misconduct.--In an action under
subsection (b), the plaintiff shall have the burden of proving
by clear and convincing evidence willful misconduct by each
covered person sued.
(6) Three-judge court.--Any action under subsection (b)
shall be assigned initially to a panel of three judges. Such
panel shall have jurisdiction over such action for purposes of
considering motions to dismiss, motions for summary judgment,
and matters related thereto. If such panel has denied such
motions, or if the time for filing such motions has expired,
such panel shall refer the action to the chief judge for
assignment for further proceedings, including any trial.
Section 1253 of title 28, United States Code, and paragraph (3)
of subsection (b) of section 2284 of title 28, United States
Code, shall not apply to actions under subsection (b).
(7) Civil discovery.--In an action under subsection (b), no
discovery shall be allowed--
(A) before each covered person sued has had a
reasonable opportunity to file a motion to dismiss;
(B) in the event such a motion is filed, before the
court has ruled on such motion; and
(C) in the event a covered person files an
interlocutory appeal from the denial of such a motion,
before the Court of Appeals has ruled on such appeal.
(d) Standard.--Notwithstanding any other provision of law, the
court in an action under subsection (b) shall permit discovery only
with respect to matters directly related to material issues contested
in such action, and the court shall compel a response to a discovery
request (including a request for admission, an interrogatory, a request
for production of documents, or any other form of discovery request)
under rule 37, Federal Rules of Civil Procedure, only if the court
finds that the requesting party needs the information sought to prove
or defend as to a material issue contested in such action and that the
likely benefits of a response to such request equal or exceed the
burden or cost for the responding party of providing such response.
(e) Reduction in Award of Damages for Collateral Source Benefits.--
(1) In general.--In an action under subsection (b), the
amount of an award of damages that would otherwise be made to a
plaintiff shall be reduced by the amount of collateral source
benefits to such plaintiff.
(2) Noneconomic damages.--In an action under subsection
(b), any noneconomic damages may be awarded only in an amount
directly proportional to the percentage of responsibility of a
defendant for the harm to the plaintiff. For purposes of this
paragraph, the term ``noneconomic damages'' means damages for
losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium, hedonic damages, injury to
reputation, and any other nonpecuniary losses.
(f) Rule 11 Sanctions.--Whenever a district court of the United
States determines that there has been a violation of rule 11 of the
Federal Rules of Civil Procedure in an action under subsection (b), the
court shall impose upon the attorney, law firm, or parties that have
violated rule 11 or are responsible for the violation, an appropriate
sanction, which may include an order to pay the other party or parties
for the reasonable expenses incurred as a direct result of the filing
of the pleading, motion, or other paper that is the subject of the
violation, including a reasonable attorney's fee. Such sanction shall
be sufficient to deter repetition of such conduct or comparable conduct
by others similarly situated, and to compensate the party or parties
injured by such conduct.
(g) Interlocutory Appeal.--The United States Court of Appeals for
the District of Columbia Circuit shall have jurisdiction of an
interlocutory appeal by a covered person taken within 30 days of an
order denying a motion to dismiss or a motion for summary judgment
based on an assertion of the immunity from suit conferred by subsection
(a) or based on an assertion of the exclusion under subsection (h)(1).
(h) Exclusion for Regulated Activity of Manufacturer or
Distributor.--
(1) In general.--If an act or omission by a manufacturer or
distributor with respect to a covered countermeasure, which act
or omission is alleged under subsection (b)(1) to constitute
willful misconduct, is subject to regulation by the Clean Air
Act, such act or omission shall not constitute ``willful
misconduct'' for purposes of subsection (b) if--
(A) neither the Administrator of the Environmental
Protection Agency nor the Attorney General has
initiated an enforcement action with respect to such
act or omission; or
(B) such an enforcement action has been initiated
and the action has been terminated or finally resolved
without a covered remedy.
Any action or proceeding under subsection (b) shall be stayed
during the pendency of such an enforcement action.
(i) Actions by and Against the United States.--Nothing in this
section shall be construed to abrogate or limit any right, remedy, or
authority that the United States or any agency thereof may possess
under any other provision of law or to waive sovereign immunity or to
abrogate or limit any defense or protection available to the United
States or its agencies, instrumentalities, officers, or employees under
any other law, including any provision of chapter 171 of title 28,
United States Code (relating to tort claims procedure).
(j) Definitions.--In this section, the following definitions apply:
(1) Covered entity.--The term ``covered entity'' means an
entity engaged in the manufacture, sale or distribution of fuel
or products which use renewable fuel, as defined by section
211(o)(1) of the Clean Air Act.
(2) Enforcement action.--The term ``enforcement action''
means a criminal prosecution, an action seeking an injunction,
a seizure action, a civil monetary proceeding based on willful
misconduct, a mandatory recall of a product because voluntary
recall was refused, a proceeding to compel repair or
replacement of a product, a debarment proceeding, an
investigator disqualification proceeding where an investigator
is an employee or agent of the manufacturer.
(3) Covered remedy.--The term ``covered remedy'' means an
outcome--
(A) that is a criminal conviction, an injunction,
or a condemnation, a civil monetary payment, a
debarment; and
(B) that results from a final determination by a
court or from a final agency action.
(4) Final.--The terms ``final'' and ``finally''--
(A) with respect to a court determination, or to a
final resolution of an enforcement action that is a
court determination, mean a judgment from which an
appeal of right cannot be taken or a voluntary or
stipulated dismissal; and
(B) with respect to an agency action, or to a final
resolution of an enforcement action that is an agency
action, mean an order that is not subject to further
review within the agency and that has not been
reversed, vacated, enjoined, or otherwise nullified by
a final court determination or a voluntary or
stipulated dismissal.
(5) Willful misconduct.--The term ``willful misconduct''--
(A) shall not, for purposes of subsection (b),
denote an act or omission that is taken pursuant to
regulations or guidance promulgated in response to a
full or partial waiver of the requirements of the Clean
Air Act with respect to ethanol-gasoline blends of more
than 10 percent by volume ethanol; but
(B) shall, for purposes of subsection (b), denote
an act or omission that is taken--
(i) intentionally to achieve a wrongful
purpose;
(ii) knowingly without legal or factual
justification; and
(iii) in disregard of a known or obvious
risk that is so great as to make it highly
probable that the harm will outweigh the
benefit. | Prevention of Frivolous Ethanol Lawsuits Act of 2010 - Immunizes a covered entity from suit and liability under federal and state law with respect to all claims for personal or property loss resulting from, or being aggravated by, the use of any renewable fuel containing ethanol in concentrations greater than 10% to operate an internal combustion engine.
Defines "covered entity" to mean an entity engaged in the manufacture, sale, or distribution of fuel or products which use renewable fuel.
Makes the sole exception to immunity under this Act an exclusive federal cause of action brought by an injured person or the person's representative against a covered person for death or serious physical injury proximately caused by the covered person's willful misconduct. Grants the U.S. District Court for the District of Columbia exclusive jurisdiction of any such civil action.
Excludes from the meaning of willful misconduct, however, any act or omission by a manufacturer or distributor with respect to a covered countermeasure, if the act or omission alleged to constitute willful misconduct is subject to regulation by the Clean Air Act and: (1) neither the Administrator of the Environmental Protection Agency (EPA) nor the Attorney General has initiated an enforcement action with respect to that act or omission; or (2) an enforcement action has been initiated and the action has been terminated or finally resolved without a civil, criminal, or administrative remedy. States that any action or proceeding shall be stayed during the pendency of such an enforcement action. | {"src": "billsum_train", "title": "To provide targeted liability protections for claims based on damages resulting from, or aggravated by, the inclusion of ethanol in certain fuel, and for other purposes."} | 3,237 | 324 | 0.497167 | 1.569472 | 0.700955 | 4.612903 | 10.677419 | 0.949821 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tuberculosis Prevention and Control
Amendments of 1995''.
SEC. 2. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION.
(a) Provision of Services for Prevention, Control, and
Elimination.--
(1) In general.--Section 317E of the Public Health Service
Act (42 U.S.C. 247b-6), as added by section 301 of Public Law
103-183 (107 Stat. 2233), is amended in subsection (g)(1)(A)--
(A) by striking ``and'' after ``1994,''; and
(B) by striking ``for each'' and all that follows
and inserting the following: ``for fiscal year 1995,
$385,000,000 for fiscal year 1996, and such sums as may
be necessary for each of the fiscal years 1997 through
2000.''.
(2) Authority for emergency grants.--Section 317E(g)(1)(B)
of the Public Health Service Act (42 U.S.C. 247b-6(g)(1)(B)) is
amended by striking ``$50,000,000'' and inserting
``$85,000,000''.
(3) Bulk purchases.--
(A) Subject to subparagraph (B), in addition to the
authorization of appropriations established in section
317E(g)(1)(A) of the Public Health Service Act for
grants for the prevention, control, and elimination of
tuberculosis, there are authorized to be appropriated
for such grants $80,000,000 for fiscal year 1996, and
such sums as may be necessary for each of the fiscal
years 1997 through 2000.
(B) Amounts appropriated under subparagraph (A)
shall be administered by the Secretary of Health and
Human Services, acting through the Director of the
Centers for Disease Control and Prevention. For
purposes of the program of grants referred to in such
subparagraph, such amounts are available for making
bulk purchases of medications and other supplies with
respect to tuberculosis.
(4) Other purposes.--Section 317E(a) of the Public Health
Service Act (42 U.S.C. 247b-6(a)) is amended by adding at the
end the following sentence: ``The purposes for which such
grants may be expended include services with respect to
incarceration.''.
(b) Research, Demonstration Projects, Education, and Training.--
Section 317E(g)(2) of the Public Health Service Act (42 U.S.C. 247b-
6(g)(2)) is amended by striking ``1994'' and all that follows and
inserting the following: ``1994 and 1995, $80,000,000 for fiscal year
1996, and such sums as may be necessary for each of the fiscal years
1997 through 2000.''.
(c) Training Centers Regarding Health Professionals.--
(1) In general.--The Secretary of Health and Human Services
(in this subsection referred to as the ``Secretary''), acting
through the Director of the Centers for Disease Control and
Prevention, may make grants to public and nonprofit private
entities for the establishment and operation of not more than 5
centers to train health professionals with respect to the
prevention and control of tuberculosis, including training in
identifying multi-drug resistant forms of such disease.
(2) Screenings; other health services.--The purposes for
which the Secretary may authorize an entity to expend a grant
under paragraph (1) include screening individuals for
tuberculosis, providing treatment for such disease, and
referring individuals for services.
(3) Facilities and equipment.--The purposes for which the
Secretary may authorize an entity to expend a grant under
paragraph (1) include providing for facilities and equipment
for the center under such paragraph.
(4) Quality of laboratories.--The Secretary may make a
grant under paragraph (1) only if the entity involved provides
assurances satisfactory to the Secretary that the laboratories
of the center under such paragraph will have the facilities and
equipment to provide sophisticated training to health
professionals with respect to tuberculosis.
(5) Application for grant.--The Secretary may make a grant
under paragraph (1) only if an application for the grant is
submitted to the Secretary and the application is in such form,
is made in such manner, and contains such agreements,
assurances, and information as the Secretary determines to be
necessary to carry out this subsection.
(6) Amount and duration of grant.--
(A) The Secretary may not make a grant under
paragraph (1) for a fiscal year in an amount exceeding
$5,000,000.
(B) The period during which payments are made to an
entity from a grant under paragraph (1) may not exceed
3 years. The provision of such payments shall be
subject to annual approval by the Secretary of the
payments and subject to the availability of
appropriations for the fiscal year involved to make the
payments.
(7) Evaluations; dissemination of information.--The
Secretary shall, directly or through contracts with public or
private entities, provide for evaluations of centers operated
pursuant to paragraph (1) and for the dissemination of
information developed as a result of the centers.
(8) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated $25,000,000 for fiscal year 1996, and such sums as
may be necessary for each of the fiscal years 1997 through
2000.
SEC. 3. RESEARCH THROUGH NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES.
(a) Technical Correction.--Subpart 6 of part C of title IV of the
Public Health Service Act (42 U.S.C. 285f et seq.), as amended by
section 302 of Public Law 103-183 (107 Stat. 2235), is amended--
(1) by transferring the first section 447 (added by such
section 302) from the current placement of the section;
(2) by redesignating the section as section 447A; and
(3) by inserting the section after section 447.
(b) Research.--Section 447A of the Public Health Service Act, as
transferred and redesignated by subsection (a) of this section, is
amended in the first sentence of subsection (b)--
(1) by striking ``and'' after ``1994,''; and
(2) by striking ``for each'' and all that follows and
inserting the following: ``for fiscal year 1995, $75,000,000
for fiscal year 1996, and such sums as may be necessary for
each of the fiscal years 1997 through 2000.''.
SEC. 4. CONSTRUCTION OR MODERNIZATION OF HEALTH FACILITIES.
Section 1610 of the Public Health Service Act (42 U.S.C. 300r) is
amended by adding at the end the following subsection:
``(c)(1) With respect to services for the prevention, control, and
elimination of tuberculosis, the Secretary may make grants to public
and nonprofit private entities for projects for (A) construction or
modernization of outpatient medical facilities which are located apart
from hospitals and which will provide such services for medically
underserved populations, (B) conversion of existing facilities into
outpatient medical facilities or facilities for long-term care to
provide such services for such populations, (C) renovation of inpatient
facilities, (D) construction or renovation of facilities to provide
such services with respect to incarceration.
``(2) The amount of any grant under paragraph (1) may not exceed 80
percent of the cost of the project for which the grant is made unless
the project is located in an area determined by the Secretary to be an
urban or rural poverty area, in which case the grant may cover up to
100 percent of such costs.
``(3) There are authorized to be appropriated for grants under
paragraph (1) $100,000,000 for fiscal year 1995, $250,000,000 for
fiscal year 1996, and such sums as may be necessary for each of the
fiscal years 1997 through 2000.''. | Tuberculosis Prevention and Control Amendments of 1995 - Amends the Public Health Service Act to authorize appropriations for grants for the prevention, control, and elimination of tuberculosis. Includes services regarding incarceration in the purposes for which the grants may be expended. Increases the amount authorized to be reserved for emergency grants for geographic areas with high numbers or substantial increases in the number of cases.
Authorizes appropriations for grants for bulk purchases of medications and other supplies regarding tuberculosis.
Authorizes appropriations for expenditures (directly or through grants) for research, demonstration projects, public information and education, education of health professionals, support of centers, and collaboration with international organizations and foreign countries.
Authorizes grants for the establishment and operation of not more than five centers to train health professionals regarding tuberculosis, including regarding screening and referral and provision of facilities and equipment. Mandates, directly or through contracts, evaluation of the centers. Authorizes appropriations.
Authorizes appropriations for conducting or supporting research and research training on tuberculosis.
Authorizes grants for: (1) construction or modernization of outpatient medical facilities located apart from hospitals and providing services for medically underserved populations; (2) conversion of existing facilities into outpatient medical facilities or long-term care facilities for such populations; (3) renovation of inpatient facilities; and (4) construction or renovation of facilities to provide services regarding incarceration. Authorizes appropriations. | {"src": "billsum_train", "title": "Tuberculosis Prevention and Control Amendments of 1995"} | 1,755 | 325 | 0.583144 | 1.564749 | 0.746954 | 2.865169 | 5.850187 | 0.857678 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honor Act of 2009''.
SEC. 2. SCHOLARSHIP PROGRAM FOR VETERANS FOR PURSUIT OF GRADUATE AND
POST-GRADUATE DEGREES IN BEHAVIORAL HEALTH SCIENCES.
(a) Scholarship Program.--
(1) Program.--The Secretary of Veterans Affairs shall carry
out a program to provide scholarships to qualifying veterans
for pursuit of a graduate or post-graduate degree in behavioral
health sciences.
(2) Designation.--The program carried out under this
section shall be known as the ``Department of Veterans Affairs
HONOR Scholarship Program'' (in this section referred to as the
``scholarship program'').
(b) Qualifying Veterans.--For purposes of this section, a
qualifying veteran is any veteran who--
(1) during service on active duty in the Armed Forces,
participated for such period as the Secretary of Veterans
Affairs, in consultation with the Secretary of Defense, shall
specify for purposes of the scholarship program in a theater of
combat or during a contingency operation overseas;
(2) was retired, discharged, separated, or released from
service in the Armed Forces on or after a date (not earlier
than August 2, 1990) specified by the Secretary of Defense for
purposes of the scholarship program;
(3) at the time of the submittal of an application to
participate in the scholarship program, holds an undergraduate
or graduate degree, as applicable, from an institution of
higher education that qualifies the veteran for pursuit of a
graduate or post-graduate degree in behavioral sciences; and
(4) meets such other qualifications as the Secretary of
Veterans Affairs may establish for purposes of the scholarship
program.
(c) Application.--Each qualifying veteran seeking to participate in
the scholarship program shall submit to the Secretary of Veterans
Affairs an application therefor setting forth such information as the
Secretary shall specify for purposes of the scholarship program.
(d) Agreement.--Each qualifying veteran selected by the Secretary
of Veterans Affairs for participation in the scholarship program shall
enter into an agreement with the Secretary regarding participation in
the scholarship program. The agreement shall contain such terms and
conditions as the Secretary shall specify for purposes of the
scholarship program.
(e) Scholarships.--
(1) In general.--The Secretary of Veterans Affairs shall
provide to each qualifying veteran who enters into an agreement
under subsection (d) a scholarship for such number of academic
years as the Secretary shall specify in the agreement for
pursuit of a graduate or post-graduate degree in behavioral
health sciences at an institution of higher education offering
such degree that is approved by the Secretary for purposes of
the scholarship program.
(2) Elements.--The scholarship provided a qualifying
veteran for an academic year shall consist of payment of the
following:
(A) Tuition of the qualifying veteran for pursuit
of the graduate or post-graduate degree concerned in
the academic year.
(B) Reasonable educational expenses of the
qualifying veteran (including fees, books, and
laboratory expenses) in pursuit of such degree in the
academic year.
(C) A stipend in connection with the pursuit of
such degree in the academic year in such amount as the
Secretary shall specify in the agreement of the
qualifying veteran under subsection (d).
(f) Obligated Service.--Each qualifying veteran who participates in
the scholarship program shall, after completion of the graduate or
post-graduate degree concerned and as jointly provided by the Secretary
of Veterans Affairs and the Secretary of Defense in the agreement of
such qualifying veteran under subsection (d), perform service as
follows:
(1) Such service for the Department of Veterans Affairs in
connection with the furnishing of mental health services to
veterans, and for such period, as the Secretary of Veterans
Affairs shall specify in the agreement.
(2) Such service for the Department of Defense in
connection with the furnishing of mental health services to
members of the Armed Forces, and for such period, as the
Secretary of Veterans Affairs shall, in consultation with the
Secretary of Defense, specify in the agreement.
(3) Such combination of service described by paragraphs (1)
and (2), and for such period, as the Secretary of Veterans
Affairs shall, in consultation with the Secretary of Defense,
specify in the agreement.
(g) Breach of Agreement.--Each qualifying veteran participating in
the scholarship who fails to complete satisfactorily the terms of the
agreement of such qualifying veteran under subsection (d), whether
through failure to obtain the graduate or post-graduate degree
concerned or failure to perform service required of the qualifying
veteran under subsection (f), shall be liable to the United States in
such form and manner as the Secretary of Veterans Affairs shall, in
consultation with the Secretary of Defense, specify in the agreement.
(h) Contingency Operation Defined.--In this section, the term
``contingency operation'' has the meaning given that term in section
101(a)(13) of title 10, United States Code.
SEC. 3. PROGRAM OF EMPLOYMENT, TRAINING, AND DEPLOYMENT OF FORMER
MEMBERS OF THE ARMED FORCES WITH COMBAT EXPERIENCE AS
PSYCHIATRIC TECHNICIANS AND NURSES FOR MEMBERS OF THE
ARMED FORCES IN DEPLOYMENT.
(a) Program Required.--The Secretary of Defense shall carry out a
program to employ and train qualifying former members of the Armed
Forces as psychiatric technicians and nurses of the Department of
Defense for the provision of mental health counseling and services to
members of the Armed Forces who are deployed to a combat zone.
(b) Qualifying Former Members of the Armed Forces.--For purposes of
this section, a qualifying former member of the Armed Forces is any
member who--
(1) during service on active duty in the Armed Forces,
participated for such period as the Secretary shall specify for
purposes of the program in a theater of combat or during a
contingency operation overseas;
(2) was retired, discharged, separated, or released from
service in the Armed Forces on or after a date (not earlier
than August 2, 1990) specified by the Secretary for purposes of
the program; and
(3) meets such other qualifications as the Secretary may
establish for purposes of the program.
(c) Employment and Training.--
(1) Employment.--Each qualifying former member of the Armed
Forces selected by the Secretary for participation in the
program may be employed by the Secretary as a civilian employee
of the Department of Defense for such minimum period as the
Secretary considers appropriate for purposes of the program.
(2) Training.--Each qualifying former member of the Armed
Forces employed by the Secretary under paragraph (1) shall be
provided such training in the provision of mental health
counseling and services to members of the Armed Forces deployed
to a combat zone as the Secretary determines appropriate in
order to qualify such former member to serve as a psychiatric
technician or nurse, as applicable, of the Department of
Defense for the provision of such counseling and services to
such members of the Armed Forces.
(3) Service.--Upon the successful completion by a
qualifying former member of the Armed Forces of training
provided under paragraph (2), the Secretary shall require the
former member, as a psychiatric technician or nurse (as
applicable) of the Department of Defense, to provide such
mental health counseling and services to members of the Armed
Forces deployed to a combat zone as the Secretary considers
appropriate.
(4) Deployment to combat zone.--Each qualifying former
member of the Armed Forces serving as a psychiatric technician
or nurse of the Department of Defense under paragraph (3) shall
agree, as a condition of participation in the program, to
deploy to a combat zone to perform service as a psychiatric
technician or nurse, as the case may be, for members of the
Armed Forces deployed to the combat zone for such period (if
any), and under such terms and conditions, as the Secretary
determines appropriate.
(d) Contingency Operation Defined.--In this section, the term
``contingency operation'' has the meaning given that term in section
101(a)(13) of title 10, United States Code.
SEC. 4. RESTORATION OF AUTHORITY OF VETS CENTERS TO PROVIDE REFERRAL
AND OTHER ASSISTANCE UPON REQUEST TO FORMER MEMBERS OF
THE ARMED FORCES NOT AUTHORIZED COUNSELING.
Section 1712A of title 38, United States Code, is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Upon receipt of a request for counseling under this section
from any individual who has been discharged or released from active
military, naval, or air service but who is not otherwise eligible for
such counseling, the Secretary shall--
``(1) provide referral services to assist such individual,
to the maximum extent practicable, in obtaining mental health
care and services from sources outside the Department; and
``(2) if pertinent, advise such individual of such
individual's rights to apply to the appropriate military,
naval, or air service, and to the Department, for review of
such individual's discharge or release from such service.''.
SEC. 5. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES FOR COUNSELING AND
RELATED MENTAL HEALTH SERVICES THROUGH VET CENTERS.
(a) Eligibility.--Section 1712A of title 38, United States Code, as
amended by section 4, is further 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):
``(f)(1) The Secretary shall, upon the request of a member of the
Armed Forces, furnish the member through a center the following:
``(A) In the case of a member of a regular component of the
Armed Forces, mental health services authorized to be provided
under this section.
``(B) In the case of a member of a reserve component of the
Armed Forces, readjustment counseling and related mental health
services authorized to be provided under this section,
including readjustment counseling to assist the member in
reintegrating into civilian life after demobilization from
active duty in the Armed Forces.
``(2) Any general mental and psychological assessment furnished a
member under this subsection shall include such criteria, and be
performed in such manner and with such protections for the member, as
the Secretary and the Secretary of Defense shall jointly prescribe for
purposes of this subsection.
``(3)(A) In the event a physician, psychologist, or other counselor
furnishing counseling or mental health services to a member under this
subsection determines that the member may be a danger to the member or
others, the physician, psychologist, or counselor, as the case may be,
shall notify an appropriate official of a military medical treatment
facility designated in the procedures under subparagraph (C) of the
determination.
``(B) An official receiving a notification under subparagraph (A)
with respect to a member shall transmit the notification to an
appropriate officer in the chain of command of the member, as
designated in the procedures under subparagraph (C).
``(C) The Secretary and the Secretary of Defense shall jointly
prescribe procedures for notifications under this paragraph. The
procedures shall include the following:
``(i) A designation of the military medical treatment
facilities to which notice with respect to members is to be
submitted under subparagraph (A).
``(ii) A specification of the officers who shall constitute
appropriate officers in the chain of command of a member for
purposes of the transmittal of notice under subparagraph (B).
``(4) The Secretary shall carry out this subsection pursuant to a
memorandum of understanding jointly entered into by the Secretary and
the Secretary of Defense.''.
(b) Outreach on Eligibility.--Subsection (g) of such section 1712A,
as redesignated by subsection (a)(1), is further amended by inserting
``and members of the Armed Forces'' after ``veterans''.
SEC. 6. TREATMENT OF SUICIDES OF CERTAIN FORMER MEMBERS OF THE ARMED
FORCES AS DEATHS IN LINE OF DUTY FOR PURPOSES OF
ELIGIBILITY OF SURVIVORS FOR CERTAIN BENEFITS.
(a) Treatment as Death in Line of Duty of Suicides of Certain
Former Members of the Armed Forces.--The suicide of a former member of
the Armed Forces described in subsection (b) that occurs during the
two-year period beginning on the date of the separation or retirement
of the former member from the Armed Forces shall be treated as a death
in line of duty of a member of the Armed Forces on active duty in the
Armed Forces for purposes of the eligibility of the survivors of the
former member for the benefits described in subsection (c).
(b) Covered Former Members of the Armed Forces.--A former member of
the Armed Forces described in this subsection is any former member of
the Armed Forces with a medical history of a combat-related mental
health condition or Post Traumatic Stress Disorder (PTSD) or Traumatic
Brain Injury (TBI).
(c) Covered Benefits.--The benefits described in this subsection
are the benefits as follows:
(1) Burial benefits.
(2) Benefits under the Survivor Benefit Plan under
subchapter II of chapter 73 of title 10, United States Code.
(3) Benefits under the laws administered by the Secretary
of Veterans Affairs.
(4) Benefits under the Social Security Act.
(d) Dates for Purposes of Certain Determinations.--
(1) Date of death.--Except as provided in paragraph (2),
for purposes of the benefits under this section, the date of
death of a former member of the Armed Forces described by
subsection (a) shall be the date of the separation or
retirement of the former member from the Armed Forces.
(2) Date for nature of eligibility.--In determining the
scope and nature of the entitlement a survivor of a former
member of the Armed Forces described by subsection (a) to
benefits under this section, the date of death of the former
member shall be the date of the suicide of the former member.
(e) Refund of Reduction in Retired Pay Under SBP.--Any reduction in
the retired pay of a former member of the Armed Forces described by
subsection (a) under the Survivor Benefit Plan under subchapter II of
chapter 73 of title 10, United States Code, during the period beginning
on the date of the retirement of the former member from the Armed
Forces and ending on the date of the suicide of the former member shall
be refunded to the surviving spouse or children, as applicable, of the
former member.
SEC. 7. ANNUAL REPORTS ON EFFECTIVENESS OF MENTAL HEALTH TRAINING AND
RELATED COUNSELING UNDER REINTEGRATION PROGRAMS FOR
MEMBERS OF THE ARMED FORCES AND VETERANS.
(a) Annual Assessments.--Not later than 18 months after the date of
the enactment of this Act, and annually thereafter, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly conduct a
review and assessment of the programs of the Department of Defense and
the Department of Veterans Affairs for the reintegration of members of
the Armed Forces and veterans into civilian life after retirement,
discharge, or release from the Armed Forces in order to assess the
extent of the effectiveness of the mental health resiliency training
and transition counseling provided to members of the Armed Forces,
veterans, and their families under such programs both before and after
retirement, discharge, or release from the Armed Forces.
(b) Reports.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to Congress a report on each
review and assessment conducted under subsection (a). Each report shall
set forth the results of the review and assessment concerned and shall
include such recommendations for legislative or administrative action
as the Secretary of Defense with respect to Department of Defense
programs, the Secretary of Veterans Affairs with respect to Department
of Veterans Affairs programs, or the Secretary of Defense and the
Secretary of Veterans Affairs jointly consider appropriate. | Honor Act of 2009 - Directs the Secretary of Veterans Affairs to carry out a program to provide scholarships for the pursuit of a graduate or postgraduate degree in behavioral health sciences to veterans who performed active-duty service in a theater of combat or during a contingency operation overseas. Requires the veteran, following completion of the degree requirements, to serve for an agreed-upon period with either the Department of Veterans Affairs (VA) or Department of Defense (DOD) furnishing mental health services to veterans or to members of the Armed Forces (members).
Directs the Secretary of Defense to carry out a program to employ and train former members who performed service described above as DOD psychiatric technicians and nurses providing mental health counseling and related services to members deployed to a combat zone.
Directs the Secretary of Veterans Affairs, upon request, to provide: (1) referral and related assistance to former members not otherwise authorized for counseling through the VA; and (2) readjustment counseling and mental health services to former members through Vet Centers.
Requires the suicide of a former member with a medical history of a combat-related mental health condition, post-traumatic stress disorder (PTSD), or traumatic brain injury (TBI) that occurs within a two-year period after separation or retirement to be treated as a death in the line of active duty for purposes of eligibility for active-duty survivors' benefits provided through the VA.
Requires the Secretaries of Defense and Veterans Affairs, jointly and annually, to: (1) review and assess their respective programs for the reintegration of members and veterans into civilian life following their retirement, discharge, or release; and (2) report review and assessment results to Congress. | {"src": "billsum_train", "title": "A bill to enhance benefits for survivors of certain former members of the Armed Forces with a history of post-traumatic stress disorder or traumatic brain injury, to enhance availability and access to mental health counseling for members of the Armed Forces and veterans, and for other purposes."} | 3,597 | 365 | 0.565399 | 1.579751 | 0.739646 | 3.075529 | 9.92145 | 0.936556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removing Excess Litigation Involving
Energy on Federal Lands Act'' or the ``RELIEF Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States spends over $1 billion per day to
import crude oil from foreign countries;
(2) such expenditure represents the largest wealth transfer
in history;
(3) the United States has at least 86 billion barrels of
oil and 420 trillion cubic feet of natural gas in the outer
Continental Shelf;
(4) environmental groups have legally challenged every
lease in the Alaskan Outer Continental Shelf in the Chukchi and
Beaufort Seas;
(5) environmental groups have legally challenged the entire
2007-2012 5-year national outer Continental Shelf leasing
program;
(6) such legal challenges significantly delay or ultimately
prevent energy resources from reaching the American public;
(7) these legal challenges come at a high cost to the
American public and the American economy; and
(8) Congress finds that expedited judicial review is
necessary to prevent this gross abuse of the United States
judicial system.
SEC. 3. EXCLUSIVE JURISDICTION OVER CAUSES AND CLAIMS RELATING TO
COVERED ENERGY PROJECTS.
Notwithstanding any other provision of law, the United States
District Court for the District of Columbia shall have exclusive
jurisdiction to hear all causes and claims under this Act or any other
Act that arise from any covered energy project.
SEC. 4. TIME FOR FILING COMPLAINT.
All causes and claims referred to in section 3 must be filed not
later than the end of the 60-day period beginning on the date of the
action or decision by a Federal official that constitutes the covered
energy project concerned. Any cause or claim not filed within that time
period shall be barred.
SEC. 5. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEADLINE.
(a) In General.--All proceedings that are subject to section 3--
(1) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause or claim is
filed; and
(2) shall take precedence over all other pending matters
before the district court.
(b) Failure To Comply With Deadline.--If an interlocutory or final
judgment, decree, or order has not been issued by the district court by
the deadline described under this section, the cause or claim shall be
dismissed with prejudice and all rights relating to such cause or claim
shall be terminated.
SEC. 6. ABILITY TO SEEK APPELLATE REVIEW.
An interlocutory or final judgment, decree, or order of the
district court may be reviewed by no other court except the Supreme
Court.
SEC. 7. DEADLINE FOR APPEAL TO THE SUPREME COURT.
If a writ of certiorari has been granted by the Supreme Court
pursuant to section 6, then--
(1) the interlocutory or final judgment, decree, or order
of the district court shall be resolved as expeditiously as
possible and in any event not more than 180 days after such
interlocutory or final judgment, decree, order of the district
court is issued; and
(2) all such proceedings shall take precedence over all
other matters then before the Supreme Court.
SEC. 8. LIMITATION ON SCOPE OF REVIEW AND RELIEF.
(a) Administrative Findings and Conclusions.--In any judicial
review of any Federal action under this Act, any administrative
findings and conclusions relating to the challenged Federal action
shall be presumed to be correct unless shown otherwise by clear and
convincing evidence contained in the administrative record.
(b) Limitation on Prospective Relief.--In any judicial review of
any action, or failure to act, under this Act, the Court shall not
grant or approve any prospective relief unless the Court finds that
such relief is narrowly drawn, extends no further than necessary to
correct the violation of a Federal law requirement, and is the least
intrusive means necessary to correct the violation concerned.
SEC. 9. LEGAL FEES.
Any person filing a petition seeking judicial review of any action,
or failure to act, under this Act who is not a prevailing party shall
pay to the prevailing parties (including intervening parties), other
than the United States, fees and other expenses incurred by that party
in connection with the judicial review, unless the Court finds that the
position of the person was substantially justified or that special
circumstances make an award unjust.
SEC. 10. EXCLUSION.
This Act shall not apply with respect to disputes between the
parties to a lease issued pursuant to an authorizing leasing statute
regarding the obligations of such lease or the alleged breach thereof.
SEC. 11. COVERED ENERGY PROJECT DEFINED.
In this Act, the term ``covered energy project'' means any action
or decision by a Federal official regarding--
(1) the leasing of Federal lands (including submerged
lands) for the exploration, development, production,
processing, or transmission of oil, natural gas, or any other
source or form of energy, including actions and decisions
regarding the selection or offering of Federal lands for such
leasing; or
(2) any action under such a lease. | Removing Excess Litigation Involving Energy on Federal Lands Act or the RELIEF Act - Establishes judicial procedures for causes and claims relating to any action or decision by a federal official regarding the leasing of federal lands (including submerged lands) for the exploration, development, production, processing, or transmitting of oil, natural gas, or any other source or form of energy.
Grants the U.S. District Court for the District of Columbia exclusive jurisdiction to hear all causes and claims that arise from any covered energy project. | {"src": "billsum_train", "title": "To establish judicial procedures for causes and claims relating to any action or decision by a Federal official regarding the leasing of Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, and for other purposes."} | 1,149 | 121 | 0.505751 | 1.461062 | 0.608463 | 5.65625 | 11 | 0.947917 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Numerous studies by the Office of the Inspector General
of the Department of the Interior, the General Accounting
Office, and independent auditors have criticized the absence of
independent oversight or other forms of internal control over
the Department's management of Indian trust assets and trust
funds.
(2) Indian and tribal account holders have indicated that
they will have little or no confidence in the reform of the
trust management system if the reform is carried out by the
same entities that are responsible for the management of the
system on the date of enactment of this Act.
(3) It would constitute an inherent conflict of interest or
at least the appearance of a conflict of interest if the entity
establishing internal controls for a trust management system
were to be appointed, supervised, and subject to removal by the
entity that such internal controls are written for.
(4) Account holder confidence will be improved if the same
official is not simultaneously responsible for the immediate
supervision of the fiduciary and financial reporting activities
of both the trust fund accounting system and the trust asset
and accounting management system.
(5) To the extent practicable, the reform of activities and
creation of internal controls as described in the Department of
the Interior's Trust Management Improvement Project, High Level
Implementation Plan dated July 1998, and any amendments or
modifications to that plan, should be carried out by private
contractors.
SEC. 2. SPECIAL TRUSTEE FOR DATA CLEANUP AND INTERNAL CONTROL.
The American Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.) is amended--
(1) by redesignating title IV as title V;
(2) by redesignating section 401 as section 501; and
(3) by inserting after title III, the following:
``TITLE IV--MISCELLANEOUS PROVISIONS
``SEC. 401. SPECIAL TRUSTEE FOR DATA CLEANUP AND INTERNAL CONTROL.
``(a) Establishment.--There is hereby established within the
Department of Interior the Office of Special Trustee for Data Cleanup
and Internal Control. The Office shall be headed by the Special Trustee
for Data Cleanup and Internal Control (referred to in this section as
the `Special Trustee') who shall report directly to the Secretary.
``(b) Special Trustee.--
``(1) Appointment.--The Special Trustee shall be appointed
by the Inspector General of the Department of the Interior from
among individuals who possess demonstrated ability in the--
``(A) development and implementation of internal
controls;
``(B) development and implementation of trust
management procedures; and
``(C) conversion or rehabilitation of trust
management systems.
``(2) Compensation.--The Special Trustee shall be paid at a
rate determined by the Secretary to be appropriate for the
position, but not less than the basic pay payable at Level III
of the Executive Schedule under Section 5313 of Title 5.
``(3) Term of office.--The Special Trustee shall serve for
a term of 2 years and may only be removed for good cause by the
Secretary.
``(c) Duties.--
``(1) In general.--Notwithstanding title III, the Special
Trustee shall oversee the following subprojects as identified
in the Draft Trust Management Improvement Project Subproject
Task Updates, dated April 1999:
``(A) Subproject #1, OST Data Cleanup.
``(B) Subproject #5, Trust Funds Accounting System.
``(C) Subproject #9, Policies and Procedures.
``(D) Subproject #10, Training.
``(E) Subproject #11, Internal Controls.
``(2) Oversight.--The Special Trustee shall oversee the
expenditure of funds appropriated by Congress for each of the
subprojects described in paragraph (1), including the approval
or modification of contracts, and make employment decisions for
each of the positions funded for each of such projects.
``(3) Contracting.--To the maximum extent practicable, the
Special Trustee shall ensure that activities are carried out
under this subsection through contracts entered into with
private entities or through the retention of the temporary
services of trust management specialists.
``(d) Modification of Implementation Plan.--To the extent that the
activities to be carried out under subsection (c) are altered or
amended as a result of any modification made after the date of
enactment of this Act to the Department of the Interior's Trust
Management Improvement Project, High Level Implementation Plan (dated
July 1998), the Special Trustee shall continue to be responsible for
overseeing such activities.''. | Requires that the Special Trustee ensure that activities are carried out under this Act through contracts entered into with private entities or through the retention of the temporary services of trust management specialists.
Declares that the Special Trustee shall continue to be responsible for overseeing such activities if they are altered or amended as a result of any modifications to the Department's Trust Management Improvement Project, High Level Implementation Plan (dated July 28, 1998). | {"src": "billsum_train", "title": "A bill to amend the American Indian Trust Fund Management Reform Act of 1994 to establish within the Department of the Interior an Office of Special Trustee for Data Cleanup and Internal Control."} | 1,014 | 94 | 0.534406 | 1.597828 | 0.810435 | 4.890244 | 11.487805 | 0.963415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection From Price Gouging
Against Disaster Victims Act of 2005''.
SEC. 2. FINDINGS AND GOALS.
(a) Findings.--Congress finds that--
(1) the United States experiences tremendous generosity and
goodwill in the wake of natural disasters;
(2) unfortunately, some unscrupulous individuals take
advantage of those disasters in an attempt to gain financially;
(3) the Federal Trade Commission is charged with preventing
unfair methods of competition and unfair and deceptive acts or
practices under section 5 of the Federal Trade Commission Act
(15 U.S.C. 45);
(4) the Federal Trade Commission has extensive experience
analyzing markets and competitive issues in order to determine
whether market participants are engaging in actions that may
have anticompetitive effects; and
(5) the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce of the
House of Representatives are charged by their respective Houses
with consumer protection.
(b) Goals.--The goals of this Act are--
(1) to decrease the occurrence of persons charging
unconscionably excessive prices for consumer goods and services
following natural disasters;
(2) to require the Federal Trade Commission to conduct
ongoing investigations of actions intended to disadvantage
consumers following natural disasters; and
(3) to ensure that sufficient enforcement authority is
available to the Commission to carry out the responsibilities
of the Commission under this Act and the amendments made by
this Act.
SEC. 3. PRICE GOUGING PROHIBITION FOLLOWING MAJOR DISASTERS.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is
amended--
(1) by redesignating sections 25 and 26 as sections 26 and
27, respectively; and
(2) by inserting after section 24 the following:
``SEC. 25. PROTECTION FROM PRICE GOUGING FOLLOWING MAJOR DISASTERS.
``(a) Definitions.--In this section:
``(1) Affected area.--The term `affected area' means an
area affected by a major disaster declared by the President
under Federal law in existence on the date of enactment of the
Protection From Price Gouging Against Disaster Victims Act of
2005.
``(2) Consumer good or service.--
``(A) In general.--The term `consumer good or
service' means a good, piece of equipment, or service
provided primarily for personal, family, or household
purposes, including food, water, ice, a chemical, a
building supply, a tool, a petroleum product, a
residential construction, reconstruction, or repair
service, or a service for the removal of debris
(including a damaged tree) or garbage.
``(B) Inclusion.--The term `consumer good or
service' includes a property or a facility rented to a
consumer for use as a residence or storage facility.
``(3) Price gouging.--The term `price gouging' means the
charging of an unconscionably excessive price by a supplier in
an affected area.
``(4) Supplier.--The term `supplier' includes a seller,
reseller, wholesaler, distributor, retailer, lessor, provider,
or licensed or unlicensed contractor, subcontractor, or laborer
engaged in the provision or distribution of a consumer good or
service.
``(5) Unconscionably excessive price.--The term
`unconscionably excessive price' means a price charged in an
affected area for a consumer good or service that--
``(A) represents a gross disparity, as determined
by the Commission in accordance with subsection (e),
between the price charged for the good or service and
the average price of the good or service charged by
suppliers in the affected area during the 30-day period
immediately before the President declares the existence
of a major disaster; and
``(B) is not attributable to increased wholesale or
operational costs incurred by the supplier in
connection with the provision of the consumer good or
service.
``(b) Determination of the Commission.--Following the declaration
of a major disaster by the President, the Commission shall--
``(1) consult with the Attorney General of the United
States, the United States Attorney for the district in which
the disaster occurred, and State and local law enforcement
officials to determine whether any supplier in the affected
area is charging or has charged an unconscionably excessive
price for any consumer good or service provided in the affected
area; and
``(2) establish within the Commission--
``(A) a toll-free hotline that a consumer may call
to report an incidence of price gouging in the affected
area; and
``(B) a program to develop and distribute to the
public informational materials in English and Spanish
to assist residents of the affected area in detecting
and avoiding price gouging.
``(c) Price Gouging Involving Disaster Victims.--
``(1) Offense.--During the 180-day period after the date on
which a major disaster is declared by the President, no
supplier shall provide, or offer to provide, any consumer good
or service in an affected area at an unconscionably excessive
price.
``(2) Action by commission.--
``(A) In general.--During the period described in
paragraph (1), the Commission shall conduct
investigations to determine whether any supplier in an
affected area is in violation of paragraph (1).
``(B) Positive determination.--If the Commission
determines under subparagraph (A) that a supplier is in
violation of paragraph (1), the Commission shall take
any action the Commission determines to be appropriate
to remedy the violation.
``(3) Civil penalties.--A supplier that commits an offense
described in paragraph (1) may, in a civil action brought in a
court of competent jurisdiction, be subject to--
``(A) a civil penalty not more than $500,000;
``(B) an order to pay special and punitive damages;
``(C) an order to pay reasonable attorney's fees;
``(D) an order to pay costs of litigation relating
to the offense;
``(E) an order for disgorgement of profits earned
as a result of a violation of paragraph (1); and
``(F) any other relief determined by the court to
be appropriate.
``(4) Criminal penalty.--A supplier that knowingly commits
an offense described in paragraph (1) shall be imprisoned not
more than 1 year.
``(5) Action by victims.--A person, Federal agency, State,
or local government that suffers loss or damage as a result of
a violation of paragraph (1) may bring a civil action against a
supplier in any court of competent jurisdiction for
disgorgement, special or punitive damages, injunctive relief,
reasonable attorney's fees, costs of the litigation, and any
other appropriate legal or equitable relief.
``(6) Action by state attorneys general.--An attorney
general of a State, or other authorized State official, may
bring a civil action in the name of the State, on behalf of
persons residing in the State, in any court of competent
jurisdiction for disgorgement, special or punitive damages,
reasonable attorney's fees, costs of litigation, and any other
appropriate legal or equitable relief.
``(7) No preemption.--Nothing in this section preempts any
State law.
``(d) Report.--Not later than 1 year after the date of enactment of
the Protection From Price Gouging Against Disaster Victims Act of 2005,
and annually thereafter, the Commission shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report describing--
``(1) the number of price gouging complaints received by
the Commission for each major disaster declared by the
President during the preceding year;
``(2) the number of price gouging investigations of the
Commission initiated, in progress, and completed as of the date
on which the report is prepared;
``(3) the number of enforcement actions of the Commission
initiated, in progress, and completed as of the date on which
the report is prepared;
``(4) an evaluation of the effectiveness of the toll-free
hotline and program established under subsection (b)(2); and
``(5) recommendations for any additional action with
respect to the implementation or effectiveness of this section.
``(e) Definition of Gross Disparity.--Not later than 180 days after
the date of enactment of the Protection From Price Gouging Against
Disaster Victims Act of 2005, the Commission shall promulgate
regulations to define the term `gross disparity' for purposes of this
section.''.
SEC. 4. EFFECT OF ACT.
Nothing in this Act, or an amendment made by this Act, affects any
authority of the Federal Trade Commission in existence on the date of
enactment of this Act with respect to price gouging actions. | Protection From Price Gouging Against Disaster Victims Act of 2005 - Amends the Federal Trade Commission Act to direct the Federal Trade Commission to: (1) consult with certain senior law enforcement officials following declaration of a major disaster by the President in order to determine whether unconscionably excessive prices for any consumer good or service are being charged in the affected area; (2) establish a toll-free hotline to receive consumer reports of price gouging in the affected area; and (3) establish a program to develop and distribute public informational materials in English and Spanish to assist residents of the affected area in detecting and avoiding price gouging.
Prohibits unconscionably excessive prices for any consumer good or service in an affected area during the 180-day period after the date on which a major disaster is declared by the President.
Subjects violations of this Act to specified civil and criminal penalties.
Authorizes victims and state Attorneys General to bring a civil action against violators of this Act. | {"src": "billsum_train", "title": "A bill to prohibit price gouging relating to certain goods and services in areas affected by major disasters."} | 1,984 | 214 | 0.595852 | 1.767841 | 0.974623 | 4.686486 | 9.92973 | 0.924324 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Therapy Management
Empowerment Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Medications are important to the management of chronic
diseases that require long-term or lifelong therapy.
Pharmacists are uniquely qualified as medication experts to
work with patients to manage their medications and chronic
conditions and play a key role in helping patients take their
medications as prescribed.
(2) Nonadherence with medications is a significant problem.
According to a report by the World Health Organization, in
developed countries, only 50 percent of patients with chronic
diseases adhere to medication therapies. For example, in the
United States only 51 percent of patients taking blood pressure
medications and only 40 to 70 percent of patients taking
antidepressant medications adhere to prescribed therapies.
(3) Failure to take medications as prescribed costs over
$290,000,000,000 annually. The problem of nonadherence is
particularly important for patients with chronic diseases that
require use of medications. Poor adherence leads to unnecessary
disease progression, reduced functional status, lower quality
of life, and premature death.
(4) When patients adhere to or comply with prescribed
medication therapy it is possible to reduce higher-cost medical
attention, such as emergency department visits and catastrophic
care, and avoid the preventable human costs that impact
patients and the individuals who care for them.
(5) Studies have clearly demonstrated that community-based
medication therapy management services provided by pharmacists
improve health care outcomes and reduce spending.
(6) The Asheville Project, a diabetes program designed for
city employees in Asheville, North Carolina, that is delivered
by community pharmacists, resulted over a 5-year period in a
decrease in total direct medical costs ranging from $1,622 to
$3,356 per patient per year, a 50 percent decrease in the use
of sick days, and an increase in productivity accounting for an
estimated savings of $18,000 annually.
(7) Another project involving care provided by pharmacists
to patients with high cholesterol increased compliance with
medication to 90 percent from a national average of 40 percent.
(8) In North Carolina, the ChecKmeds NC program, which
offers eligible seniors one-on-one medication therapy
management consultations with pharmacists, has saved an
estimated $34,000,000 in healthcare costs and avoided numerous
health problems since implementation in 2007 for the more than
31,000 seniors receiving such consultations.
(9) Results similar to those found under such projects and
programs have been achieved in several other demonstrations
using community pharmacists.
SEC. 3. IMPROVEMENT IN PART D MEDICATION THERAPY MANAGEMENT PROGRAMS.
(a) Increased Availability and Community Pharmacy Involvement in
the Provision of Medication Therapy Management Services.--
(1) Increased beneficiary access to medication therapy
management services.--Section 1860D-4(c)(2) of the Social
Security Act (42 U.S.C. 1395w-104(c)(2)), as amended by section
10328 of the Patient Protection and Affordable Care Act (Public
Law 111-148), is amended--
(A) in subparagraph (A)--
(i) in clause (ii)(I), by inserting ``or
any chronic disease that accounts for high
spending in the program under this title,
including diabetes, hypertension, heart
failure, dyslipidemia, respiratory disease
(such as asthma, chronic obstructive pulmonary
disease, or chronic lung disorders), bone
disease-arthritis (such as osteoporosis and
osteoarthritis), rheumatoid arthritis, and
mental health (such as depression,
schizophrenia, or bipolar disorder)'' before
the semicolon at the end; and
(ii) by adding at the end the following new
clause:
``(iii) Identification of individuals who
may benefit from medication therapy
management.--The PDP sponsor shall, subject to
the approval of the Secretary, establish a
process for identifying individuals who--
``(I) are not targeted
beneficiaries described in clause (ii);
``(II) are not otherwise offered
medication therapy management services;
and
``(III) a pharmacist or other
qualified provider determines may
benefit from medication therapy
management services.
For purposes of this paragraph, any individual
identified under this clause shall be treated
as a targeted beneficiary described in clause
(ii).'';
(B) by redesignating--
(i) subparagraphs (E), (F), and (G), as
redesignated by paragraph (1) of such section
10328, as subparagraphs (G), (H), and (I),
respectively; and
(ii) subparagraph (E), as added by
paragraph (2) of such section 10328, as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following new subparagraph:
``(E) Medication reviews for dual eligibles and
enrollees in transition of care.--Without regard to
whether an enrollee is a targeted beneficiary described
in subparagraph (A)(ii), the medication therapy
management program under this paragraph shall offer the
following:
``(i) In the case of an enrollee who is a
full-benefit dual eligible individual (as
defined in section 1935(c)(6)), a comprehensive
medication review described in subparagraph
(C)(i). The review under the preceding sentence
shall be offered at the time of the initial
enrollment of such individual in the
prescription drug plan.
``(ii) In the case of any enrollee who is
experiencing a transition in care (such as
being discharged from a hospital or other
institutional setting), a targeted medication
review described in subparagraph (C)(ii) of any
new medications that have been introduced to
the enrollee's therapy. The review under the
preceding sentence shall be offered at the time
of such transition.''.
(2) Access to medication management therapy.--Section
1840D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)) is
further amended--
(A) by redesignating--
(i) subparagraphs (G), (H), and (I), as
redesignated by paragraph (1)(B)(i), as
subparagraphs (H), (I), and (J), respectively;
and
(ii) subparagraph (F), as redesignated by
paragraph (1)(B)(ii), as subparagraph (G); and
(B) by inserting after subparagraph (E), as
inserted by paragraph (1)(C), the following new
subparagraph:
``(F) Access requirements.--In order to assure that
enrollees have the option of obtaining medication
therapy management services under this paragraph, a PDP
sponsor shall offer any willing pharmacy in its network
and any other qualified health care provider the
opportunity to provide such services.''.
(3) Appropriate reimbursement for the provision of
medication therapy management services.--Section 1860D-
4(c)(2)(J) of such Act (42 U.S.C. 1395w-104(c)(2)(I)), as
redesignated by paragraph (2), is amended--
(A) in the heading, by striking ``Considerations in
pharmacy fees'' and inserting ``Reimbursement'';
(B) by striking the first sentence and inserting
the following: ``The PDP sponsor shall reimburse any
willing pharmacy in its network and other qualified
health care provider furnishing medication therapy
management services under this paragraph based on the
resources used and the time required to provide such
services.''; and
(C) in the second sentence, by striking ``any such
management or dispensing fees'' and inserting ``any
such reimbursement''.
(4) Effective date.--The amendments made by this subsection
shall apply to plan years beginning after the date of enactment
of this Act.
(b) Incentives Based on Performance.--
(1) Evaluation of performance for payment incentives.--
Section 1860D-4(c)(2) of the Social Security Act (42 U.S.C.
1395w-104(c)(2)), as amended by subsection (a), is further
amended by adding at the end the following new subparagraph:
``(K) Evaluation of performance.--
``(i) Data collection and performance
measures.--
``(I) In general.--For plan years
beginning after the date of enactment
of the Medication Therapy Management
Empowerment Act of 2011, the Secretary
shall establish measures and standards
for data collection by PDP sponsors to
evaluate the performance of pharmacies
and other entities in furnishing
medication therapy management services
under this paragraph.
``(II) Measures.--Measures
established under subclause (I) shall
be designed to help assess and improve
the overall quality of care, including
a reduction in adverse medication
reactions, improvements in adherence
and persistence in chronic medication
use, and a reduction in drug spending,
where appropriate.
``(III) Inclusion of certain
measures with respect to pharmacist.--
In the case of pharmacists who furnish
medication therapy management services,
the measures established under
subclause (I) shall include measures
developed by the Pharmacy Quality
Alliance.
``(IV) Encouraging participation of
entities that achieve better
outcomes.--The Secretary shall compare
the outcomes of medication therapy
management services based on the type
of entity offering such services and
shall develop appropriate incentives to
ensure broader participation in the
program offered by the plan sponsor
under this paragraph of entities that
achieve better outcomes (as defined by
the Secretary) with respect to such
services.
``(ii) Continual development and
incorporation of medication therapy management
measures in broader health care outcomes
measures.--The Secretary shall support the
continual development and refinement of
performance measures established under clause
(i)(I), including the incorporation of
medication use measures as part of broader
health care outcomes measures. The Secretary
shall work with State plans under title XIX to
incorporate similar performance-based measures
into drug use review programs under section
1927(g).
``(iii) Incentive payments.--For plan years
beginning on or after January 1, 2012,
pharmacies and other entities that furnish
medication therapy management services under
this paragraph shall be provided (in a form and
manner specified by the Secretary) additional
incentive payments based on the performance of
such pharmacies and entities in meeting the
performance measures established under clause
(i). Such payments shall be made from the
Medicare Prescription Drug Account under
section 1860D-16, except that such payments may
be made from the Federal Hospital Insurance
Trust Fund under section 1817 or the Federal
Supplementary Medical Insurance Trust Fund
under section 1841 if the Secretary determines,
based on data under this part and parts A and
B, that such services have resulted in a
reduction in expenditures under part A or part
B, respectively.''. | Medication Therapy Management Empowerment Act of 2011 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Patient Protection and Affordable Care Act, to increase the number of diseases and conditions for which beneficiaries may be targeted for medication therapy management (MTM) services.
Requires a Prescription Drug Plan (PDP) sponsor to establish a process, subject to approval by the Secretary of Health and Human Services (HHS), for identifying individuals who are not targeted beneficiaries, are not otherwise offered MTM services, and whom a pharmacist or other qualified provider determines may benefit from MTM services. Requires any such individual to be treated as a targeted beneficiary.
Requires any MTM program to offer both comprehensive and targeted medication reviews to individuals dually eligible for both Medicare and Medicaid (under SSA title XIX), regardless of whether they are MTM-targeted beneficiaries.
Requires a PDP sponsor to offer any willing pharmacy in its network and any other qualified health care provider the opportunity to provide MTM services.
Requires the PDP sponsor to reimburse pharmacists and other qualified health care providers furnishing MTM services based on the resources used and the time required to provide such services.
Directs the Secretary of HHS to: (1) establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing MTM services; and (2) support the continued development and refinement of performance measures.
Provides pharmacies and other entities that furnish MTM services with additional incentive payments based on their performance in meeting quality measures established under this Act. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to expand access to medication therapy management services under the Medicare prescription drug program."} | 2,368 | 368 | 0.358763 | 1.212817 | 0.655287 | 2.86859 | 6.948718 | 0.894231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contracting and Tax Accountability
Act of 2013''.
SEC. 2. GOVERNMENTAL POLICY.
It is the policy of the United States Government that no Government
contracts or grants should be awarded to individuals or companies with
seriously delinquent Federal tax debts.
SEC. 3. DISCLOSURE AND EVALUATION OF CONTRACT OFFERS FROM DELINQUENT
FEDERAL DEBTORS.
(a) In General.--The head of any executive agency that issues an
invitation for bids or a request for proposals for a contract in an
amount greater than the simplified acquisition threshold shall require
each person that submits a bid or proposal to submit with the bid or
proposal a form--
(1) certifying that the person does not have a seriously
delinquent tax debt; and
(2) authorizing the Secretary of the Treasury to disclose
to the head of the agency information limited to describing
whether the person has a seriously delinquent tax debt.
(b) Impact on Responsibility Determination.--The head of any
executive agency, in evaluating any offer received in response to a
solicitation issued by the agency for bids or proposals for a contract,
shall consider a certification that the offeror has a seriously
delinquent tax debt to be definitive proof that the offeror is not a
responsible source as defined in section 113 of title 41, United States
Code.
(c) Debarment.--
(1) Requirement.--Except as provided in paragraph (2), the
head of an executive agency shall initiate a suspension or
debarment proceeding against a person after receiving an offer
for a contract from such person if--
(A) such offer contains a certification (as
required under subsection (a)(1)) that such person has
a seriously delinquent tax debt; or
(B) the head of the agency receives information
from the Secretary of the Treasury (as authorized under
subsection (a)(2)) demonstrating that such a
certification submitted by such person is false.
(2) Waiver.--The head of an executive agency may waive
paragraph (1) with respect to a person based upon a written
finding of urgent and compelling circumstances significantly
affecting the interests of the United States. If the head of an
executive agency waives paragraph (1) for a person, the head of
the agency shall submit to Congress, within 30 days after the
waiver is made, a report containing the rationale for the
waiver and relevant information supporting the waiver decision.
(d) Release of Information.--The Secretary of the Treasury, in
consultation with the Director of the Office of Management and Budget,
shall make available to all executive agencies a standard form for the
authorization described in subsection (a).
(e) Revision of Regulations.--Not later than 270 days after the
date of enactment of this subsection, the Federal Acquisition
Regulation shall be revised to incorporate the requirements of this
section.
SEC. 4. DISCLOSURE AND EVALUATION OF GRANT APPLICATIONS FROM DELINQUENT
FEDERAL DEBTORS.
(a) In General.--The head of any executive agency that offers a
grant in excess of an amount equal to the simplified acquisition
threshold shall require each person applying for a grant to submit with
the grant application a form--
(1) certifying that the person does not have a seriously
delinquent tax debt; and
(2) authorizing the Secretary of the Treasury to disclose
to the head of the executive agency information limited to
describing whether the person has a seriously delinquent tax
debt.
(b) Impact on Determination of Financial Stability.--The head of
any executive agency, in evaluating any application for a grant offered
by the agency, shall consider a certification that the grant applicant
has a seriously delinquent tax debt to be definitive proof that the
applicant is high-risk and, if the applicant is awarded the grant,
shall take appropriate measures under guidelines issued by the Office
of Management and Budget for enhanced oversight of high-risk grantees.
(c) Debarment.--
(1) Requirement.--Except as provided in paragraph (2), the
head of an executive agency shall initiate a suspension or
debarment proceeding against a person after receiving a grant
application from such person if--
(A) such application contains a certification (as
required under subsection (a)(1)) that such person has
a seriously delinquent tax debt; or
(B) the head of the agency receives information
from the Secretary of the Treasury (as authorized under
subsection (a)(2)) demonstrating that such a
certification submitted by such person is false.
(2) Waiver.--The head of an executive agency may waive
paragraph (1) with respect to a person based upon a written
finding of urgent and compelling circumstances significantly
affecting the interests of the United States. If the head of an
executive agency waives paragraph (1) for a person, the head of
the agency shall submit to Congress, within 30 days after the
waiver is made, a report containing the rationale for the
waiver and relevant information supporting the waiver decision.
(d) Release of Information.--The Secretary of the Treasury, in
consultation with the Director of the Office of Management and Budget,
shall make available to all executive agencies a standard form for the
authorization described in subsection (a).
(e) Revision of Regulations.--Not later than 270 days after the
date of the enactment of this section, the Director of the Office of
Management and Budget shall revise such regulations as necessary to
incorporate the requirements of this section.
SEC. 5. DEFINITIONS AND SPECIAL RULES.
For purposes of this Act:
(1) Person.--
(A) In general.--The term ``person'' includes--
(i) an individual;
(ii) a partnership; and
(iii) a corporation.
(B) Exclusion.--The term ``person'' does not
include an individual seeking assistance through a
grant entitlement program.
(C) Treatment of certain partnerships.--A
partnership shall be treated as a person with a
seriously delinquent tax debt if such partnership has a
partner who--
(i) holds an ownership interest of 50
percent or more in that partnership; and
(ii) has a seriously delinquent tax debt.
(D) Treatment of certain corporations.--A
corporation shall be treated as a person with a
seriously delinquent tax debt if such corporation has
an officer or a shareholder who--
(i) holds 50 percent or more, or a
controlling interest that is less than 50
percent, of the outstanding shares of corporate
stock in that corporation; and
(ii) has a seriously delinquent tax debt.
(2) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 133 of title 41, United
States Code.
(3) Seriously delinquent tax debt.--
(A) In general.--The term ``seriously delinquent
tax debt'' means an outstanding Federal debt under the
Internal Revenue Code of 1986 for which a notice of
lien has been filed in public records pursuant to
section 6323 of such Code.
(B) Exceptions.--Such term does not include--
(i) a debt that is being paid in a timely
manner pursuant to an agreement under section
6159 or section 7122 of such Code; and
(ii) a debt with respect to which a
collection due process hearing under section
6330 of such Code, or relief under subsection
(a), (b), or (f) of section 6015 of such Code,
is requested or pending.
SEC. 6. EFFECTIVE DATE.
This Act shall apply with respect to contracts and grants awarded
on or after the date occurring 270 days after the date of the enactment
of this Act.
Passed the House of Representatives April 15, 2013.
Attest:
KAREN L. HAAS,
Clerk. | Contracting and Tax Accountability Act of 2013 - (Sec. 2) States that it is the policy of the U.S. government that no government contracts or grants should be awarded to individuals or business entities with seriously delinquent federal tax debts. (Sec. 3) Requires the head of any executive agency that issues an invitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold (i.e., $150,000) to require each person submitting a bid or proposal to: (1) certify that such person does not have a seriously delinquent tax debt, and (2) authorize the Secretary of the Treasury to disclose information limited to describing whether such person has a seriously delinquent tax debt. Requires the head of any executive agency: (1) in evaluating any offer received in response to an agency solicitation for bids or proposals for a contract, to consider a certification that the offeror has a seriously delinquent tax debt to be definitive proof that the offeror is not a responsible source to do business with the federal government; and (2) to initiate a suspension or debarment proceeding against an offeror or a grant applicant after receiving an offer for a contract or grant application that contains a certification that such person has a seriously delinquent tax debt, or after receiving information from the Secretary that a submitted certification is false. Allows a waiver of such debarment requirement if an agency head certifies in writing urgent and compelling circumstances significantly affecting the interests of the United States. (Sec. 4) Requires the head of any executive agency that offers a grant in excess of the simplified acquisition threshold amount to require each grant applicant to: (1) certify that the applicant does not have a seriously delinquent tax debt, and (2) authorize the Secretary to disclose information limited to describing whether such a applicant has a seriously delinquent tax debt. Requires the agency head, in evaluating a grant application, to consider a certification that the grant applicant has a seriously delinquent tax debt to be definitive proof that the applicant is high-risk, requiring enhanced oversight. Requires the revision of the Federal Acquisition Regulation to incorporate requirements set forth in this Act relating to responsibility determinations and debarment for offerors or grant applicants. (Sec. 5) Defines "seriously delinquent tax debt" as an outstanding federal tax debt for which a notice of lien has been filed in public records. Exempts from such definition: (1) tax debts that are being paid in a timely manner under an approved installment agreement, and (2) debts for which a collection due process hearing has been requested or is pending. (Sec. 6) Makes this Act applicable to contracts and grants awarded on or after 270 days after its enactment. | {"src": "billsum_train", "title": "Contracting and Tax Accountability Act of 2013"} | 1,776 | 636 | 0.824972 | 3.20739 | 0.823703 | 4.139313 | 2.986641 | 0.917939 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Gas Petroleum
Refiner Improvement and Community Empowerment Act'' or ``Gas PRICE
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS FACILITIES
Sec. 101. Collaborative permitting process for domestic fuels
facilities.
TITLE II--ENVIRONMENTAL ANALYSIS OF FISCHER-TROPSCH FUELS
Sec. 201. Evaluation of Fischer-Tropsch diesel and jet fuel as an
emission control strategy.
TITLE III--DOMESTIC COAL-TO-LIQUID FUEL AND CELLULOSIC BIOMASS ETHANOL
Sec. 301. Economic development assistance to support commercial-scale
cellulosic biomass ethanol projects and
coal-to-liquids facilities on BRAC property
and Indian land.
TITLE IV--ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES DISCLOSURES
CLASSIFICATION SYSTEM
Sec. 401. Alternative hydrocarbon and renewable reserves disclosures
classification system.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
Sec. 501. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Coal-to-liquid.--The term ``coal-to-liquid'' means--
(A) with respect to a process or technology, the
use of a feedstock, the majority of which is derived
from the coal resources of the United States, using the
class of reactions known as Fischer-Tropsch, to produce
synthetic fuel suitable for transportation; and
(B) with respect to a facility, the portion of a
facility related to producing the inputs for the
Fischer-Tropsch process, or the finished fuel from the
Fischer-Tropsch process, using a feedstock that is
primarily domestic coal at the Fischer-Tropsch
facility.
(3) Domestic fuels facility.--
(A) In general.--The term ``domestic fuels
facility'' means--
(i) a coal liquification or coal-to-liquid
facility at which coal is processed into
synthetic crude oil or any other transportation
fuel;
(ii) a facility that produces a renewable
fuel (as defined in section 211(o)(1) of the
Clean Air Act (42 U.S.C. 7545(o)(1))); and
(iii) a facility at which crude oil is
refined into transportation fuel or other
petroleum products.
(B) Inclusion.--The term ``domestic fuels
facility'' includes a domestic fuels facility
expansion.
(4) Domestic fuels facility expansion.--The term ``domestic
fuels facility expansion'' means a physical change in a
domestic fuels facility that results in an increase in the
capacity of the domestic fuels facility.
(5) Domestic fuels facility permitting agreement.--The term
``domestic fuels facility permitting agreement'' means an
agreement entered into between the Administrator and a State or
Indian tribe under subsection (b).
(6) Domestic fuels producer.--The term ``domestic fuels
producer'' means an individual or entity that--
(A) owns or operates a domestic fuels facility; or
(B) seeks to become an owner or operator of a
domestic fuels facility.
(7) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 3 of the Native
American Business Development, Trade Promotion, and Tourism Act
of 2000 (25 U.S.C. 4302).
(8) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(9) Permit.--The term ``permit'' means any permit, license,
approval, variance, or other form of authorization that a
refiner is required to obtain--
(A) under any Federal law; or
(B) from a State or Indian tribal government agency
delegated with authority by the Federal Government, or
authorized under Federal law to issue permits.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
TITLE I--COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS FACILITIES
SEC. 101. COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS
FACILITIES.
(a) In General.--At the request of the Governor of a State or the
governing body of an Indian tribe, the Administrator shall enter into a
domestic fuels facility permitting agreement with the State or Indian
tribe under which the process for obtaining all permits necessary for
the construction and operation of a domestic fuels facility shall be
improved using a systematic interdisciplinary multimedia approach as
provided in this section.
(b) Authority of Administrator.--Under a domestic fuels facility
permitting agreement--
(1) the Administrator shall have authority, as applicable
and necessary, to--
(A) accept from a refiner a consolidated
application for all permits that the domestic fuels
producer is required to obtain to construct and operate
a domestic fuels facility;
(B) establish a schedule under which each Federal,
State, or Indian tribal government agency that is
required to make any determination to authorize the
issuance of a permit shall--
(i) concurrently consider, to the maximum
extent practicable, each determination to be
made; and
(ii) complete each step in the permitting
process; and
(C) issue a consolidated permit that combines all
permits that the domestic fuels producer is required to
obtain; and
(2) the Administrator shall provide to State and Indian
tribal government agencies--
(A) financial assistance in such amounts as the
agencies reasonably require to hire such additional
personnel as are necessary to enable the government
agencies to comply with the applicable schedule
established under paragraph (1)(B); and
(B) technical, legal, and other assistance in
complying with the domestic fuels facility permitting
agreement.
(c) Agreement by the State.--Under a domestic fuels facility
permitting agreement, a State or governing body of an Indian tribe
shall agree that--
(1) the Administrator shall have each of the authorities
described in subsection (b); and
(2) each State or Indian tribal government agency shall--
(A) make such structural and operational changes in
the agencies as are necessary to enable the agencies to
carry out consolidated project-wide permit reviews
concurrently and in coordination with the Environmental
Protection Agency and other Federal agencies; and
(B) comply, to the maximum extent practicable, with
the applicable schedule established under subsection
(b)(1)(B).
(d) Interdisciplinary Approach.--
(1) In general.--The Administrator and a State or governing
body of an Indian tribe shall incorporate an interdisciplinary
approach, to the maximum extent practicable, in the
development, review, and approval of domestic fuels facility
permits subject to this section.
(2) Options.--Among other options, the interdisciplinary
approach may include use of--
(A) environmental management practices; and
(B) third party contractors.
(e) Deadlines.--
(1) New domestic fuels facilities.--In the case of a
consolidated permit for the construction of a new domestic
fuels facility, the Administrator and the State or governing
body of an Indian tribe shall approve or disapprove the
consolidated permit not later than--
(A) 360 days after the date of the receipt of the
administratively complete application for the
consolidated permit; or
(B) on agreement of the applicant, the
Administrator, and the State or governing body of the
Indian tribe, 90 days after the expiration of the
deadline established under subparagraph (A).
(2) Expansion of existing domestic fuels facilities.--In
the case of a consolidated permit for the expansion of an
existing domestic fuels facility, the Administrator and the
State or governing body of an Indian tribe shall approve or
disapprove the consolidated permit not later than--
(A) 120 days after the date of the receipt of the
administratively complete application for the
consolidated permit; or
(B) on agreement of the applicant, the
Administrator, and the State or governing body of the
Indian tribe, 30 days after the expiration of the
deadline established under subparagraph (A).
(f) Federal Agencies.--Each Federal agency that is required to make
any determination to authorize the issuance of a permit shall comply
with the applicable schedule established under subsection (b)(1)(B).
(g) Judicial Review.--Any civil action for review of any
determination of any Federal, State, or Indian tribal government agency
in a permitting process conducted under a domestic fuels facility
permitting agreement brought by any individual or entity shall be
brought exclusively in the United States district court for the
district in which the domestic fuels facility is located or proposed to
be located.
(h) Efficient Permit Review.--In order to reduce the duplication of
procedures, the Administrator shall use State permitting and monitoring
procedures to satisfy substantially equivalent Federal requirements
under this section.
(i) Severability.--If 1 or more permits that are required for the
construction or operation of a domestic fuels facility are not approved
on or before any deadline established under subsection (e), the
Administrator may issue a consolidated permit that combines all other
permits that the domestic fuels producer is required to obtain other
than any permits that are not approved.
(j) Savings.--Nothing in this section affects the operation or
implementation of otherwise applicable law regarding permits necessary
for the construction and operation of a domestic fuels facility.
(k) Consultation With Local Governments.--Congress encourages the
Administrator, States, and tribal governments to consult, to the
maximum extent practicable, with local governments in carrying out this
section.
(l) Effect on Local Authority.--Nothing in this section affects--
(1) the authority of a local government with respect to the
issuance of permits; or
(2) any requirement or ordinance of a local government
(such as zoning regulations).
TITLE II--ENVIRONMENTAL ANALYSIS OF FISCHER-TROPSCH FUELS
SEC. 201. EVALUATION OF FISCHER-TROPSCH DIESEL AND JET FUEL AS AN
EMISSION CONTROL STRATEGY.
(a) In General.--In cooperation with the Secretary of Energy, the
Secretary of Defense, the Administrator of the Federal Aviation
Administration, Secretary of Health and Human Services, and Fischer-
Tropsch industry representatives, the Administrator shall--
(1) conduct a research and demonstration program to
evaluate the air quality benefits of ultra-clean Fischer-
Tropsch transportation fuel, including diesel and jet fuel;
(2) evaluate the use of ultra-clean Fischer-Tropsch
transportation fuel as a mechanism for reducing engine exhaust
emissions; and
(3) submit recommendations to Congress on the most
effective use and associated benefits of these ultra-clean
fuels for reducing public exposure to exhaust emissions.
(b) Guidance and Technical Support.--The Administrator shall, to
the extent necessary, issue any guidance or technical support documents
that would facilitate the effective use and associated benefit of
Fischer-Tropsch fuel and blends.
(c) Requirements.--The program described in subsection (a) shall
consider--
(1) the use of neat (100 percent) Fischer-Tropsch fuel and
blends with conventional crude oil-derived fuel for heavy-duty
and light-duty diesel engines and the aviation sector; and
(2) the production costs associated with domestic
production of those ultra clean fuel and prices for consumers.
(d) Reports.--The Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives--
(1) not later than 180 days after the date of enactment of
this Act, an interim report on actions taken to carry out this
section; and
(2) not later than 1 year after the date of enactment of
this Act, a final report on actions taken to carry out this
section.
TITLE III--DOMESTIC COAL-TO-LIQUID FUEL AND CELLULOSIC BIOMASS ETHANOL
SEC. 301. ECONOMIC DEVELOPMENT ASSISTANCE TO SUPPORT COMMERCIAL-SCALE
CELLULOSIC BIOMASS ETHANOL PROJECTS AND COAL-TO-LIQUIDS
FACILITIES ON BRAC PROPERTY AND INDIAN LAND.
(a) Priority.--Notwithstanding section 206 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3146), in awarding funds
made available to carry out section 209(c)(1) of that Act (42 U.S.C.
3149(c)(1)) pursuant to section 702 of that Act (42 U.S.C. 3232), the
Secretary and the Economic Development Administration shall give
priority to projects to support commercial-scale cellulosic biomass
ethanol projects and coal-to-liquids facilities.
(b) Federal Share.--Except as provided in subsection (c)(3)(B) and
notwithstanding the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 et seq.), the Federal share of a project to support a
commercial-scale biomass ethanol facility or coal-to-liquid facility
shall be--
(1) 80 percent of the project cost; or
(2) for a project carried out on Indian land, 100 percent
of the project cost.
(c) Additional Award.--
(1) In general.--The Secretary shall make an additional
award in connection with a grant made to a recipient (including
any Indian tribe for use on Indian land) for a project to
support a commercial-scale biomass ethanol facility or coal-to-
liquid facility.
(2) Amount.--The amount of an additional award shall be 10
percent of the amount of the grant for the project.
(3) Use.--An additional award under this subsection shall
be used--
(A) to carry out any eligible purpose under the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3121 et seq.);
(B) notwithstanding section 204 of that Act (42
U.S.C. 3144), to pay up to 100 percent of the cost of
an eligible project or activity under that Act; or
(C) to meet the non-Federal share requirements of
that Act or any other Act.
(4) Non-federal source.--For the purpose of paragraph
(3)(C), an additional award shall be treated as funds from a
non-Federal source.
(5) Funding.--The Secretary shall use to carry out this
subsection any amounts made available--
(A) for economic development assistance programs;
or
(B) under section 702 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3232).
TITLE IV--ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES DISCLOSURES
CLASSIFICATION SYSTEM
SEC. 401. ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES DISCLOSURES
CLASSIFICATION SYSTEM.
(a) In General.--The Securities and Exchange Commission shall
appoint a task force composed of government and private sector
representatives, including experts in the field of dedicated energy
crop feedstocks for cellulosic biofuels production, to analyze, and
submit to Congress a report (including recommendations) on--
(1) modernization of the hydrocarbon reserves disclosures
classification system of the Commission to reflect advances in
reserves recovery from nontraditional sources (such as deep
water, oil shale, tar sands, and renewable reserves for
cellulosic biofuels feedstocks); and
(2) the creation of a renewable reserves classification
system for cellulosic biofuels feedstocks.
(b) Deadline for Report.--The Commission shall submit the report
required under subsection (a) not later than 180 days after the date of
enactment of this Act.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act and the amendments made by this Act. | Gas Petroleum Refiner Improvement and Community Empowerment Act or the Gas PRICE Act - Directs the Administrator of the Environmental Protection Agency to enter into a domestic fuels facility permitting agreement with a requesting state or Indian tribe under which the process for obtaining all permits necessary for construction and operation of a domestic fuels facility shall use a prescribed interdisciplinary multimedia approach.
Requires the Administrator to: (1) conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer-Tropsch transportation fuel, including diesel and jet fuel; (2) evaluate the use of such fuel for reducing engine exhaust emissions; and (3) submit recommendations and reports to Congress.
Directs the Secretary of Energy and the Economic Development Administration to give priority to projects supportting commercial-scale cellulosic biomass ethanol projects and coal-to-liquids facilities.
Directs the Secretary to make an additional award in connection with a grant made to a recipient (including any Indian tribe for use on Indian land) for a project to support a commercial-scale biomass ethanol facility or coal-to-liquid facility.
Directs the Securities and Exchange Commission (SEC) to appoint a task force to report to Congress on: (1) modernization of the hydrocarbon reserves disclosures classification system of the SEC to reflect advances in reserves recovery from nontraditional sources; and (2) creation of a renewable reserves classification system for cellulosic biofuels feedstocks. | {"src": "billsum_train", "title": "A bill to improve domestic fuels security."} | 3,803 | 314 | 0.640427 | 1.978227 | 0.728397 | 6.066914 | 11.843866 | 0.966543 |
OF CLEARING BANKS.
``(a) Conservatorship or Receivership.--
``(1) Appointment.--The Board may appoint a conservator or
receiver to take possession and control of a State bank which
operates, or operates as, a multilateral clearing organization
pursuant to section 409 of the Federal Deposit Insurance
Corporation Improvement Act of 1991 to the same extent and in
the same manner as the Comptroller of the Currency may appoint
a conservator or receiver for a national bank.
``(2) Powers.--The conservator or receiver for a State bank
referred to in paragraph (1) shall exercise the same powers,
functions, and duties, subject to the same limitations, as a
conservator or receiver for a national bank.
``(b) Board Authority.--The Board shall have the same authority
with respect to any conservator or receiver appointed under subsection
(a), and the State bank for which the conservator or receiver has been
appointed, as the Comptroller of the Currency has with respect to a
conservator or receiver for a national bank and the national bank for
which the conservator or receiver has been appointed.
``(c) Bankruptcy Proceedings.--The Comptroller of the Currency (in
the case of a national bank which operates, or operates as, a
multilateral clearing organization pursuant to section 409 of the
Federal Deposit Insurance Corporation Improvement Act of 1991) or the
Board (in the case of a State bank which operates, or operates as, such
a multilateral clearing organization) may direct a conservator or
receiver appointed for such bank to file a petition pursuant to title
11, United States Code, in which case, title 11, United States Code,
shall apply to such bank in lieu of otherwise applicable Federal or
State insolvency law.''.
(b) Technical and Conforming Amendments to Title 11, United States
Code.--
(1) Bankruptcy code debtors.--Section 109(b)(2) of title
11, United States Code, is amended by striking `; or' and
inserting the following: `, except that a bank or a corporation
organized under section 25A of the Federal Reserve Act which
operates, or operates as, a multilateral clearing organization
pursuant to section 409 of the Federal Deposit Insurance
Corporation Improvement Act of 1991 may be a debtor if a
petition is filed at the direction of the Comptroller of the
Currency (in the case of a national bank) or the Board of
Governors of the Federal Reserve System (in the case of a State
bank or such a corporation); or''.
(2) Chapter 7 debtors.--Section 109(d) of title 11, United
States Code, is amended to read as follows:
``(d) Only a railroad, a person that may be a debtor under chapter
7 of this title (except a stockbroker or a commodity broker), and a
bank or a corporation organized under section 25A of the Federal
Reserve Act which operates, or operates as, a multilateral clearing
organization pursuant to section 409 of the Federal Deposit Insurance
Corporation Improvement Act of 1991 may be a debtor under chapter 11 of
this title.''.
(3) Definition of financial institution.--Section 101(22)
of title 11, United States Code, is amended to read as follows:
``(22) the term `financial institution'--
``(A) means a person that is a commercial or
savings bank, industrial savings bank, savings and loan
association, trust company, a bank or a corporation
organized under section 25A of the Federal Reserve Act
and, when any such person is acting as agent or
custodian for a customer in connection with a
securities contract, as defined in section 741 of this
title, such customer; and
``(B) includes any person described in subparagraph
(A) which operates, or operates as, a multilateral
clearing organization pursuant to section 409 of the
Federal Deposit Insurance Corporation Improvement Act
of 1991;''.
(4) Subchapter v of chapter 7.--
(A) In general.--Section 103 of title 11, United
States Code, is amended--
(i) by redesignating subsections (e)
through (i) as subsections (f) through (j),
respectively; and
(ii) by inserting after subsection (d) the
following new subsection:
``(e) Scope of Application.--Subchapter V of chapter 7 of this
title shall apply only in a case under such chapter concerning the
liquidation of a bank or a corporation organized under section 25A of
the Federal Reserve Act which operates, or operates as, a multilateral
clearing organization pursuant to section 409 of the Federal Deposit
Insurance Corporation Improvement Act of 1991.''.
(B) Clearing bank liquidation.--Chapter 7 of title
11, United States Code, is amended by adding at the end
the following new subchapter:
``Subchapter V--Clearing Bank Liquidation
``Sec. Sec. 781. Definitions.
``For purposes of this subchapter, the following definitions shall
apply:
``(1) Board.--The term `Board' means the Board of Governors
of the Federal Reserve System.
``(2) Depository institution.--The term `depository
institution' has the same meaning as in section 3 of the
Federal Deposit Insurance Act, and includes any wholesale bank.
``(3) Clearing bank.--The term `clearing bank' means a
national or State bank, or a corporation organized under
section 25A of the Federal Reserve Act, which operates, or
operates as, a multilateral clearing organization pursuant to
section 409 of the Federal Deposit Insurance Corporation
Improvement Act of 1991.
``Sec. Sec. 782. Selection of trustee
``(a) In General.--
``(1) Appointment.--Notwithstanding any other provision of
this title, the conservator or receiver who files the petition
shall be the trustee under this chapter, unless the Comptroller
of the Currency (in the case of a clearing bank for which the
Comptroller of the Currency appointed a conservator or
receiver) or the Board (in the case of any clearing bank for
which the Board appointed a conservator or receiver) designates
an alternative trustee.
``(2) Successor.--The Comptroller of the Currency or the
Board of Governors of the Federal Reserve System (as the case
may be) may designate a successor trustee, if required.
``(b) Authority of Trustee.--Whenever the Comptroller of the
Currency or the Board appoints or designates a trustee, chapter 3 and
sections 704 and 705 of this title shall apply to the Comptroller or
the Board, as applicable, in the same way and to the same extent that
they apply to a United States trustee.
``Sec. Sec. 783. Additional powers of trustee
``(a) Distribution of Nonestate Property.--The trustee under this
subchapter has power to distribute property not of the estate,
including distributions to customers that are mandated by subchapters
III and IV of this chapter.
``(b) Disposition of Institution.--The trustee under this
subchapter may, after notice and a hearing--
``(1) sell the clearing bank to a depository institution or
consortium of depository institutions (which consortium may
agree on the allocation of the clearing bank among the consortium);
``(2) merge the clearing bank with a depository
institution;
``(3) transfer contracts to the same extent as could a
receiver for a depository institution under paragraphs (9) and
(10) of section 11(e) of the Federal Deposit Insurance Act;
``(4) transfer assets or liabilities to a depository
institution;
``(5) transfer assets and liabilities to a bridge bank as
provided in paragraphs (1), (3)(A), (5), (6), of section 11(n)
of the Federal Deposit Insurance Act, paragraphs (9) through
(13) of such section, and subparagraphs (A) through (H) and
subparagraph (K) of paragraph (4) of such section 11(n), except
that--
``(A) the bridge bank to which such assets or
liabilities are transferred shall be treated as a
clearing bank for the purpose of this subsection; and
``(B) any references in any such provision of law
to the Federal Deposit Insurance Corporation shall be
construed to be references to the appointing agency and
that references to deposit insurance shall be omitted.
``(c) Certain Transfers Included.--Any reference in this section to
transfers of liabilities includes a ratable transfer of liabilities
within a priority class.
``Sec. Sec. 784. Right to be heard
``The Comptroller of the Currency (in the case of a clearing bank
for which the Comptroller of the Currency appointed a conservator or
receiver), the Board of Governors of the Federal Reserve System (in the
case of any clearing bank for which the Board appointed a conservator
or receiver), or a Federal reserve bank (in the case of a clearing bank
that is a member of that bank) may raise and may appear and be heard on
any issue in a case under this subchapter.''.
(c) Conforming Amendment.--The table of sections for chapter 7 of
title 11, United States Code, is amended by adding at the end the
following new items:
``Subchapter V--Clearing Bank Liquidation
``Sec.
``781. Definitions.
``782. Selection of trustee.
``783. Additional powers of trustee.
``784. Right to be heard.''.
(d) Resolution of Edge Act Corporations.--The 16th undesignated
paragraph of section 25A of the Federal Reserve Act (12 U.S.C. 624) is
amended to read as follows:
``(16) Appointment of receiver or conservator.--
``(A) In general.--The Board may appoint a
conservator or receiver for a corporation organized
under the provisions of this section to the same extent
and in the same manner as the Comptroller of the
Currency may appoint a conservator or receiver for a
national bank, and the conservator or receiver for such
corporation shall exercise the same powers, functions,
and duties, subject to the same limitations, as a
conservator or receiver for a national bank.
``(B) Equivalent authority.--The Board shall have
the same authority with respect to any conservator or
receiver appointed for a corporation organized under
the provisions of this section under this paragraph and
any such corporation as the Comptroller of the Currency
has with respect to a conservator or receiver of a
national bank and the national bank for which a
conservator or receiver has been appointed.
``(C) Title 11 petitions.--The Board may direct the
conservator or receiver of a corporation organized
under the provisions of this section to file a petition
pursuant to title 11, United States Code, in which
case, title 11, United States Code, shall apply to the
corporation in lieu of otherwise applicable Federal or
State insolvency law.''.
SEC. 7. RELATION TO STATE LAW.
No state or local law that prohibits or regulates gaming or the
operation of ``bucket shops'' (other than anti-fraud provisions of
general applicability) shall be deemed to govern or be in any way
applicable to any over-the-counter derivative instrument (as defined in
section 408(2) of the Federal Deposit Insurance Corporation Improvement
Act of 1991) to which a financial institution (as defined in or under
section 402(9) of such Act or in or under section 509(3)(A) of the
Gramm-Leach-Bliley Act) is a party. | Sets forth rules of construction to emphasize that the Commodity Futures Trading Commission and the Securities and Exchange Commission retain their inherent jurisdiction over the trading and clearing activities within their respective purviews.
States that a multilateral clearing organization under the jurisdiction of the Board of Governors of the Federal Reserve System (the Board) or the Comptroller of the Currency does not fall within the jurisdiction of any other Federal entity as a result of clearing any over-the-counter derivative instrument.
States that no over-the-counter instrument to which a financial institution is a party shall be subject to rescission or held unenforceable based solely on the regulatory status or jurisdiction over such instrument under Federal or State law.
Provides that an over-the-counter instrument does not fall within the purview of the Commodity Exchange Act as a consequence of being the subject of an electronic trade or communication.
Authorizes the Board to appoint a conservator or receiver to take possession and control of a State bank which operates, or operates as, a multilateral clearing organization in the same manner as the Comptroller of the Currency may do so. | {"src": "billsum_train", "title": "Over-the-Counter Derivatives Systemic Risk Reduction Act of 2000"} | 2,625 | 247 | 0.554939 | 1.75287 | 0.685678 | 3.312796 | 11.137441 | 0.781991 |
SECTION 1. REVISIONS OF IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992.
(a) Clarification of Policy.--Section 1602(a) of the Iran-Iraq Arms
Non-Proliferation Act of 1992 (title XVI of Public Law 102-484; 50
U.S.C. 1701 note) is amended by striking out ``chemical, biological,
nuclear,'' and inserting in lieu thereof ``weapons of mass
destruction''.
(b) Sanctions Against Iran.--Section 1603 of such Act is amended by
striking out ``paragraphs (1) through (4)'' and inserting in lieu
thereof ``paragraphs (1) through (8)''.
(c) Sanctions Against Certain Persons.--
(1) Activities proscribed.--Subsection (a) of section 1604
of such Act is amended by inserting ``to acquire weapons of
mass destruction, or the means of their delivery, or'' before
``to acquire''.
(2) Additional sanctions.--Subsection (b) of such section
1604 is amended--
(A) in paragraph (1), ``, and shall provide for the
expeditious termination of any current contract for
goods or services,'' after ``goods or services'';
(B) in paragraph (2), by inserting ``, and shall
revoke any license issued,'' after ``shall not issue'';
and
(C) by adding at the end the following new
paragraphs:
``(3) Migration sanction.--
``(A) Individuals.--The sanctioned person shall be
ineligible to receive a visa for entry into the United
States and shall be excluded from admission into the
United States.
``(B) Corporations.--In the case of a sanctioned
person that is a corporation, partnership, or other
form of association, the officers, directors,
employees, and agents of the corporation, partnership,
or association shall be ineligible to receive a visa
for entry into the United States and shall be excluded
from admission into the United States.
``(4) Financial institutions.--The President shall by order
prohibit any depository institution that is chartered by, or
that has its principal place of business within, a State, the
District of Columbia, or the United States from making any loan
or providing any credit to the sanctioned person, except for
loans or credits for the purpose of purchasing food or other
agricultural commodities.
``(5) Transiting united states territory.--(A)
Notwithstanding any other provision of law (other than a treaty
or other international agreement), no sanctioned person, no
item which is the product or manufacture of the sanctioned
person, and no technology developed by the sanctioned person
may transit any territory subject to the jurisdiction of the
United States.
``(B) The Secretary of Transportation may provide for such
exceptions from this paragraph as the Secretary considers
necessary to provide for emergencies in which the safety of an
aircraft or a vessel, or its crew or passengers, is
threatened.''.
(3) Exceptions.--Such section 1604 is further amended by
adding at the end the following new subsection:
``(c) Exceptions.--The sanction described in subsection (b)(1)
shall not apply in the case of procurement of defense articles or
defense services--
``(1) under existing contracts or subcontracts, including
the exercise of options for production quantities to satisfy
operational military requirements essential to the national
security of the United States;
``(2) if the President determines that the person or other
entity to which the sanctions would otherwise be applied is a
sole source supplier of the defense articles or services, that
the defense articles or services are essential, and that
alternative sources are not readily or reasonably available; or
``(3) if the President determines that such articles or
services are essential to the national security under defense
coproduction agreements.''.
(d) Sanctions Against Foreign Countries.--
(1) Proscribed activities.--Subsection (a) of section 1605
of such Act is amended by inserting ``to acquire weapons of
mass destruction, or the means of their delivery, or'' before
``to acquire''.
(2) Mandatory sanctions.--Subsection (b) of such section
1605 is amended by adding at the end the following new
paragraph:
``(6) Additional sanctions.--The sanctions against Iraq
specified in paragraphs (1), (3), (4), (6), and (7) of section
586G(a) of the Iraq Sanctions Act of 1990 (50 U.S.C. 1701 note)
shall be applied to the same extent and in the same manner with
respect to a sanctioned country.''.
(3) Discretionary sanctions.--Such section 1605 is further
amended--
(A) in subsection (a)(2), by striking out ``the
sanction'' and inserting in lieu thereof ``the
sanctions''; and
(B) by striking out subsection (c) and inserting in
lieu thereof the following new subsection (c):
``(c) Discretionary Sanctions.--The sanctions referred to in
subsection (a)(2) are as follows:
``(1) Use of authorities of international emergency
economic powers act.--
``(A) In general.--Except as provided in
subparagraph (B), the President may exercise, in
accordance with the provisions of that Act, the
authorities of the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) with respect to the
sanctioned country.
``(B) Exception.--Subparagraph (A) does not apply
with respect to urgent humanitarian assistance.
``(2) Prohibition on vessels that enter ports of sanctioned
countries to engage in trade.--
``(A) In general.--Beginning on the 10th day after
a sanction is imposed under this title against a
country, a vessel which enters a port or place in the
sanctioned country to engage in the trade of goods or
services may not, if the President so requires, within
180 days after departure from such port or place in the
sanctioned country, load or unload any freight at any
place in the United States.
``(B) Definition.--As used in this paragraph, the
term `vessel' includes every description of water craft
or other contrivance used, or capable of being used, as
a means of transportation in water, but does not
include aircraft.
``(3) Presidential action regarding aviation.--(A)(i) The
President may notify the government of the sanctioned country
of his intention to suspend the authority of foreign air
carriers owned or controlled by the government of that country
to engage in foreign air transportation to or from the United
States.
``(ii) The President may direct the Secretary of
Transportation to suspend at the earliest possible date the
authority of any foreign air carrier owned or controlled,
directly or indirectly, by that government to engage in foreign
air transportation to or from the United States,
notwithstanding any agreement relating to air services.
``(B)(i) The President may direct the Secretary of State to
terminate any air service agreement between the United States
and the sanctioned country in accordance with the provisions of
that agreement.
``(ii) Upon termination of an agreement under this
subparagraph, the Secretary of Transportation shall take such
steps as may be necessary to revoke at the earliest possible
date the right of any foreign air carrier owned, or controlled,
directly or indirectly, by the government of that country to
engage in foreign air transportation to or from the United
States.
``(C) The President shall direct the Secretary of
Transportation to provide for such exceptions from this
paragraph as the President considers necessary to provide for
emergencies in which the safety of an aircraft or its crew or
passengers is threatened.
``(D) For purposes of this paragraph, the terms `air
carrier', `air transportation', `aircraft', and `foreign air
carrier' have the meanings given such terms in paragraphs (2),
(5), (6), and (21) of section 40102 of title 49, United States
Code, respectively.''.
(4) Additional sanction.--Such section 1605 is further
amended by adding at the end the following new subsection:
``(d) Sanction for Assisting Iran in Improving Rocket or Other
Weapons Capability.--The sanction set forth in section 586I(a) of the
Iraq Sanctions Act of 1990 (50 U.S.C. 1701 note) against governments
that assist Iraq in improving its rocket technology or weapons of mass
destruction capability shall be applied to the same extent and in the
same manner with respect to governments that so assist Iran.''.
(e) Termination of Sanctions Against Certain Persons.--Such Act is
further amended--
(1) in section 1604(b)--
(A) by striking out ``The sanctions'' in the matter
preceding paragraph (1) and inserting in lieu thereof
``Subject to section 1606A, the sanctions''; and
(B) by striking out ``For a period of two years,
the United States'' in paragraphs (1) and (2) and
inserting in lieu thereof ``The United States'';
(2) in section 1605--
(A) by striking out ``If'' in subsection (a) and
inserting in lieu thereof ``Subject to section 1606A,
if''; and
(B) in subsection (b)--
(i) by striking out ``, for a period of one
year,'' in paragraphs (1), (3), and (4);
(ii) by striking out ``for a period of one
year,'' in paragraph (2);
(iii) by striking out ``during that
period'' in paragraph (4); and
(iv) by striking out ``for a period of one
year'' in paragraph (5); and
(3) by inserting after section 1606 the following new
section:
``SEC. 1606A. TERMINATION OF SANCTIONS.
``Except as otherwise provided in this title, the sanctions imposed
pursuant to section 1604(a) or 1605(a) shall cease to apply to a
sanctioned person or government 30 days after the President certifies
to the Congress that reliable information indicates that the sanctioned
person or government, as the case may be, has ceased to violate this
title.''.
(f) Rules and Regulations.--Such Act is further amended by adding
after section 1607 the following new section:
``SEC. 1607A. RULES AND REGULATIONS.
``The President may prescribe such rules and regulations as the
President requires to carry out this title.''.
(g) Definitions.--Section 1608 of such Act is amended--
(1) in paragraph (1)--
(A) by inserting ``naval vessels with offensive
capabilities,'' after ``advanced military aircraft,''
in subparagraph (A); and
(B) by striking out ``or enhance offensive
capabilities in destabilizing ways'' each place it
appears and inserting in lieu thereof ``, enhance
offensive capabilities in destabilizing ways, or
threaten international shipping''; and
(2) by striking out paragraph (7) and inserting in lieu
thereof the following new paragraphs:
``(7) The term `United States assistance' means any
assistance under the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.), other than urgent humanitarian assistance or
medicine.
``(8) The term `goods or technology' includes any item of
the type that is listed on the Nuclear Referral List under
section 309(c) of the Nuclear Non-Proliferation Act of 1978,
the United States Munitions List (established in section 38 of
the Arms Export Control Act), or the MTCR Annex (as defined in
section 74(4) of the Arms Export Control Act) or any item that
is subject to licensing by the Nuclear Regulatory Commission.
``(9) The term `United States' includes territories and
possessions of the United States and the customs waters of the
United States, as defined in section 401 of the Tariff Act of
1930 (19 U.S.C. 1401).
``(10) The term `weapons of mass destruction' includes
nuclear, chemical, and biological weapons.''.
(h) Conforming Amendments.--Such Act is further amended--
(1) in section 1606, by striking out ``the Committees on
Armed Services and Foreign Affairs of the House of
Representatives'' and inserting in lieu thereof ``the
Committees on National Security and International Relations of
the House of Representatives ''; and
(2) in section 1607, by striking out ``the Committees on
Armed Services and Foreign Affairs of the House of
Representatives'' each place it appears in subsections (a) and
(b) and inserting in lieu thereof ``the Committees on National
Security and International Relations of the House of
Representatives''.
SEC. 2. REVISIONS OF FOREIGN ASSISTANCE ACT OF 1961.
Section 498A(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2295a(b)(3)) is amended by inserting ``and notwithstanding the
compliance of such state with international agreements relating to
weapons of mass destruction,'' before ``knowingly transferred'' in the
matter preceding subparagraph (A).
SEC. 3. REVISION OF IRAQ SANCTIONS ACT OF 1990.
Section 586I(a) of the Iraq Sanctions Act of 1990 (50 U.S.C. 1701
note) is amended by striking out ``or chemical, biological, or nuclear
weapons capability'' and inserting in lieu thereof ``its chemical,
biological, or nuclear weapons capability, or its acquisition of
destabilizing numbers and types of advanced conventional weapons''. | Amends the Iran-Iraq Arms Non-Proliferation Act of 1992 (the Act) to expand sanctions against Iran to include: (1) U.S. opposition to assistance to Iran from international financial institutions; (2) Export-Import Bank assistance; and (3) foreign assistance under the Foreign Assistance Act of 1961, except for humanitarian assistance. (Such sanctions already apply to Iraq.)
Provides for mandatory sanctions against persons or foreign countries that knowingly and materially contribute to efforts by Iran and Iraq to acquire weapons of mass destruction or the means of their delivery.
Expands mandatory sanctions against persons who assist in such efforts to include the termination of any current contracts for goods or services and the revocation of existing export licenses.
Makes sanctioned persons ineligible to receive visas for entry into the United States and excludes such persons from admission into the United States.
Requires the President to prohibit depository institutions that are chartered by or have their principal place of business within the United States from making loans or providing credit to sanctioned persons, except those for purposes of purchasing food or agricultural commodities.
Prohibits sanctioned persons, items which are the product or manufacture of such persons, or technology developed by such persons from transiting territory subject to U.S. jurisdiction.
Provides for exceptions from sanctions with respect to the procurement of certain defense articles and services.
Provides for the imposition of certain sanctions under the Iraq Sanctions Act of 1990 against countries sanctioned under this Act.
Expands discretionary sanctions against sanctioned countries to include certain sanctions against vessels that engage in trade in sanctioned countries and the suspension of air flights to or from the United States.
Denies funds for the approval of licenses for the export of supercomputers to countries that assist Iran in improving its rocket technology or weapons of mass destruction capability. (Such sanctions already apply to countries that so assist Iraq.)
Removes termination dates for sanctions and makes sanctions inapplicable 30 days after the President certifies to the Congress that the sanctioned person or government has ceased to violate the Act. | {"src": "billsum_train", "title": "A bill to amend the Iran-Iraq Arms Non-Proliferation Act of 1992 to revise the sanctions applicable to violations of that Act, and for other purposes."} | 3,100 | 444 | 0.602058 | 1.955123 | 0.803545 | 2.474227 | 7.195876 | 0.871134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Credit Availability and
Economic Recovery Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds and declares that:
(1) Adequate credit is necessary for the revitalization and
growth for all sectors of our economy.
(2) Financial institutions are subject to layers of
unnecessary regulations, some of which, impose large costs
without increasing the safety and soundness of our financial
system.
(3) The regulatory burden amounts to a tax on our financial
systems that has been estimated by the Federal Financial
Institutions Examination Council to be as high as
$17,000,000,000.
(4) This regulatory burden cost is draining capital from
financial institutions and significantly contributing to the
lack of available credit for small business.
(5) The lack of available credit for small businesses
hampers the growth of small businesses and is directly
contributing to the high rate of unemployment in the United
States.
(6) The overwhelming majority of new jobs are created by
small businesses in the United States.
(7) The President should be given the authority to provide
financial institutions with relief from this regulatory burden
in order to provide immediate credit relief to all sectors of
the economy, especially credit worthy small businesses and to
sustain economic growth.
SEC. 3. PURPOSE.
The purposes of this Act are--
(1) to authorize the President to increase the availability
of credit,
(2) to enhance the economic recovery, and
(3) to provide sustained noninflationary economic growth,
through the immediate suspension of laws, rules, regulations, and
guidelines that impose unnecessarily burdensome costs on insured
depository institutions.
SEC. 4. DEFINITION.
As used in this Act, the term ``insured depository institution''
has the same meaning as in section 3 of the Federal Deposit Insurance
Act.
SEC. 5. PRESIDENTIAL RESPONSIBILITY AND AUTHORITY.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the President shall conduct a thorough review and
evaluation of all statutory and regulatory provisions affecting insured
depository institutions. This review shall include--
(1) an analysis of the purposes of the provision;
(2) the effectiveness of the provision in achieving such
purposes;
(3) whether any other provision provides an alternative or
duplicative means of achieving those purposes;
(4) the cost imposed by compliance with such provisions
upon insured depository institutions and consumers; and
(5) the relationship between such provision, its compliance
costs, and the availability of credit in the United States.
(b) Authority To Suspend.--The President may, by executive order,
suspend the applicability of--
(1) any Federal law affecting insured depository
institutions or depository institution holding companies (or
any portion thereof); and
(2) any regulation or guideline promulgated by a Federal
banking agency (or any portion thereof);
if the President makes a determination described in subsection (c).
(c) Determination.--For the purpose of subsection (b), a
determination is described in this subsection if it is a determination
that--
(1) the law, regulation, or guideline has already
accomplished its goal and the law, regulation, or guideline is
therefore no longer necessary;
(2) the law, regulation, or guideline is not as effective
in achieving its intended purpose as other available
alternatives that would impose lesser costs on financial
institutions, their customers, or the economy;
(3) the cost of compliance with the law, regulation, or
guideline outweighs the potential benefits sought to be
accomplished by the law, regulation, or guideline; or
(4) the law, regulation, or guideline has a negative impact
on the availability of credit in the United States which
outweighs the benefits sought to be accomplished by the law,
regulation, or guideline.
(d) Publication and Effective Date.--A Presidential order issued
pursuant to this section shall be published in the Federal Register,
and shall become effective 30 days after such publication, unless the
President, for good cause, determines that a shorter period is
necessary and in the public interest.
SEC. 6. CONSULTATION AND NOTIFICATION.
(a) Consultation.--Prior to making a finding under section 5 that a
law, regulation, or guideline is to be suspended, the President shall
consult with the Secretary of the Treasury, the Chairperson of the
Federal Deposit Insurance Corporation, the Chairman of the Board of
Governors of the Federal Reserve System, the Comptroller of the
Currency, and the Director of the Office of Thrift Supervision.
(b) Notification.--The President shall notify the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Banking, Finance and Urban Affairs of the House of Representatives
prior to issuing any order under section 5.
SEC. 7. RESTRICTIONS.
Nothing in this Act authorizes the President to suspend any law,
regulation, or guideline--
(1) that is necessary for the safe and sound operation of
insured depository institutions; or
(2) that--
(A) prohibits discrimination in the provision of
financial services based on race, sex, national origin,
marital status, or age;
(B) relates directly to the conduct of monetary
policy; or
(C) pertains to an enforcement proceeding or
supervisory action with respect to a particular
institution or party.
SEC. 8. EFFECTIVE DATE.
This Act shall be effective on the date of its enactment.
SEC. 9. SUNSET.
The authority of the President to suspend any law, regulation, or
guideline under this Act shall terminate on January 1, 1997. | Presidential Credit Availability and Economic Recovery Act - Directs the President to conduct a specified review and evaluation of all statutory and regulatory provisions affecting insured depository institutions.
Authorizes the President to suspend such provisions upon making determinations that a regulatory scheme is no longer useful or is not cost-effective. Requires the President to consult with specified agencies before making a finding that a regulatory scheme should be suspended and to notify certain congressional committees before issuing an order to suspend. Sets a termination date for the President's authority to issue such order. | {"src": "billsum_train", "title": "Presidential Credit Availability and Economic Recovery Act"} | 1,210 | 122 | 0.48607 | 1.293899 | 0.673315 | 2.349515 | 11.339806 | 0.796117 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Development Venture
Capital Assistance Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there is a need for the development and expansion of
organizations that provide private equity capital to smaller
businesses in areas in which equity-type capital is scarce,
such as inner cities and rural areas, in order to create and
retain jobs for low-income residents of those areas;
(2) to invest successfully in smaller businesses,
particularly in inner cities and rural areas, requires highly
specialized investment and management skills;
(3) there is a shortage of professionals who possess such
skills and there are few training grounds for individuals to
obtain those skills;
(4) providing assistance to organizations that provide
specialized technical assistance and training to individuals
and organizations seeking to enter or expand in this segment of
the market would stimulate small business development and
entrepreneurship in economically distressed communities; and
(5) assistance from the Federal Government could act as a
catalyst to attract investment from the private sector and
would help to develop a specialized venture capital industry
focused on creating jobs, increasing business ownership, and
generating wealth in low-income communities.
SEC. 3. COMMUNITY DEVELOPMENT VENTURE CAPITAL ACTIVITIES.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 32 as section 33; and
(2) by inserting after section 31 the following:
``SEC. 32. COMMUNITY DEVELOPMENT VENTURE CAPITAL ACTIVITIES.
``(a) Definitions.--In this section:
``(1) Community development venture capital organization.--
The term `community development venture capital organization'
means a privately-controlled organization that--
``(A) has a primary mission of promoting community
development in low-income communities, as defined by
the Administrator, through investment in private
business enterprises; or
``(B) administers or is in the process of
establishing a community development venture capital
fund for the purpose of making equity investments in
private business enterprises in such communities.
``(2) Developmental organization.--The term `developmental
organization'--
``(A) means a public or private entity, including a
college or university, that provides technical
assistance to community development venture capital
organizations or that conducts research or training in
community development venture capital investment; and
``(B) may include an intermediary organization.
``(3) Intermediary organization.--The term `intermediary
organization'--
``(A) means a private, nonprofit entity that has--
``(i) a primary mission of promoting
community development through investment in
private businesses in low-income communities;
and
``(ii) significant prior experience in
providing technical assistance or financial
assistance to community development venture
capital organizations;
``(B) may include community development venture
capital organizations.
``(b) Authority.--In order to promote the development of community
development venture capital organizations, the Administrator, may--
``(1) enter into contracts with 1 or more developmental
organizations to carry out training and research activities
under subsection (c); and
``(2) make grants in accordance with this section--
``(A) to developmental organizations to carry out
training and research activities under subsection (c);
and
``(B) to intermediary organizations to provide
training and assistance under subsection (d) to
community development venture capital organizations.
``(c) Training and Research Activities of Developmental
Organizations.--
``(1) In general.--Subject to paragraph (2), a
developmental organization that receives a grant under
subsection (b)(2)(A) shall use the funds made available through
the grant for 1 or more of the following training and research
activities:
``(A) Enhancement of professional skills.--Creating
and operating training programs to enhance the
professional skills for individuals in community
development venture capital organizations or operating
private community development venture capital funds.
``(B) Increasing interest in community development
venture capital.--Creating and operating a program to
select and place students and recent graduates from
business and related professional schools as interns
with community development venture capital
organizations and intermediary organizations for a
period of up to 1 year, and to provide stipends for
such interns during the internship period.
``(C) Promoting `best practices'.--Organizing an
annual national conference for community development
venture capital organizations to discuss and share
information on the best practices regarding issues
relevant to the creation and operation of community
development venture capital organizations.
``(D) Mobilizing academic resources.--Encouraging
the formation of 1 or more centers for the study of
community development venture capital at graduate
schools of business and management, providing funding
for the development of materials for courses on topics
in this area, and providing funding for research on
economic, operational, and policy issues relating to
community development venture capital.
``(2) Limitation.--The Administrator shall ensure that not
more than 25 percent of the amount made available to carry out
this section is used for activities described in paragraph (1).
``(d) Use of Grant Funds by Intermediary Organizations.--An
intermediary organization that receives a grant under subsection
(b)(2)(B) shall use the funds made available through the grant to
provide training and assistance with respect to marketing, management,
and technical issues to promote the development of community
development venture capital organizations, which assistance may include
grants to community development venture capital organizations for the
start up costs and operating support of those organizations.
``(e) Matching Requirement.--The Administrator shall require, as a
condition of any grant made to an intermediary organization under
section (b)(2)(B), that a matching amount equal to the amount of such
grant be provided from sources other than the Federal Government.
``(f) Regulations.--The Administrator may promulgate such
regulations as may be necessary to carry out this section, which
regulations may take effect upon issuance.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section a total of $20,000,000 for
fiscal years 2000 through 2003.''. | Community Development Venture Capital Assistance Act of 1999 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration to: (1) enter into contracts with one or more development organizations specializing in community development in low-income communities to carry out training and research activities to enhance the professional skills of individuals within community development venture capital organizations operating in such communities; and (2) make grants to development organizations for such activities and to intermediary organizations to provide training and assistance to community development venture capital organizations operating in such communities.
Requires matching non-Federal funds.
Authorizes appropriations for FY 2000 through 2003. | {"src": "billsum_train", "title": "Community Development Venture Capital Assistance Act of 1999"} | 1,344 | 131 | 0.612019 | 1.595101 | 0.743781 | 3.316667 | 10.591667 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistance for Individuals with
Disabilities Affected by Hurricane Katrina or Rita Act of 2005''.
SEC. 2. ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES.
(a) Definitions.--In this section:
(1) Affected state.--The term ``affected State'' means a State
that contains an area, or that received a significant number of
individuals who resided in an area, in which the President has
declared that a major disaster exists.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Rehabilitation Services Administration.
(3) Individual with a disability.--The term ``individual with a
disability'' has the meaning given the term in section 7(20)(A) of
the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(A)).
(4) Individual with a disability affected by hurricane
katrina.--The term ``individual with a disability affected by
Hurricane Katrina'' means an individual with a disability who
resided on August 22, 2005, in an area in which the President has
declared that a major disaster related to Hurricane Katrina exists.
(5) Individual with a disability affected by hurricane rita.--
The term ``individual with a disability affected by Hurricane
Rita'' means an individual with a disability who resided in an area
on the date that was 7 days before the date on which the President
declared that a major disaster related to Hurricane Rita exists in
such area.
(6) Major disaster.--The term ``major disaster'' means a major
disaster declared by the President in accordance with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), related to Hurricane Katrina or Rita.
(b) Reallotments of Amounts.--
(1) In general.--In reallotting amounts to States under section
110(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 730(b)(2))
for fiscal year 2005, the Commissioner shall give preference to
affected States.
(2) Waivers.--If the Commissioner reallots amounts under
section 110(b)(2) of the Rehabilitation Act of 1973 to an affected
State for fiscal year 2005, or returns to the State of Louisiana
for fiscal year 2005 the funds that Louisiana had previously
relinquished pursuant to section 110(b)(1) of that Act (29 U.S.C.
730(b)(1)) due to an inability to meet the non-Federal share
requirements requiring Louisiana to contribute $3,942,821 for
fiscal year 2005, the Commissioner may grant a waiver of non-
Federal share requirements for fiscal year 2005 for the affected
State or Louisiana, respectively.
(3) Definition.--In this subsection, the term ``non-Federal
share requirements'' means non-Federal share requirements
applicable to programs under title I of such Act (29 U.S.C. 720 et
seq.).
(c) Use of Amounts Reallotted Under Title I of the Rehabilitation
Act of 1973.--An affected State that receives amounts reallotted under
section 110(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C.
730(b)(2)) for fiscal year 2005 (as described in subsection (b)) or
returned under subsection (b) may use the amounts--
(1) to pay for vocational rehabilitation services described in
section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723)
(which may include training, mentoring, or job shadowing
opportunities), for individuals with disabilities affected by
Hurricane Katrina or individuals with disabilities affected by
Hurricane Rita, that contribute to the economic growth and
development of communities;
(2) to enable--
(A) individuals with disabilities affected by Hurricane
Katrina to participate in reconstruction or other major
disaster assistance activities in the areas in which the
individuals resided on August 22, 2005; and
(B) individuals with disabilities affected by Hurricane
Rita to participate in reconstruction or other major disaster
assistance activities in the areas in which the individuals
resided on the date that was 7 days before the date on which
the President declared that a major disaster related to
Hurricane Rita exists in such areas;
(3) to pay for vocational rehabilitation services described in
section 103 of the Rehabilitation Act of 1973 for individuals with
disabilities affected by Hurricane Katrina, or individuals with
disabilities affected by Hurricane Rita, who do not meet the
affected State's order of selection criteria for the affected
State's order of selection under section 101(a)(5) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(5)); or
(4) to carry out other activities in accordance with title I of
the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).
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 September 28, 2005. The summary of that version is repeated here.)
Assistance for Individuals with Disabilities Affected by Hurricane Katrina or Rita Act of 2005 - Provides vocational rehabilitation services to individuals with disabilities affected by Hurricane Katrina or Hurricane Rita.
Directs the Commissioner of the Rehabilitation Services Administration, in realloting amounts to states under certain provisions of the Rehabilitation Act of 1973 (RA), to give preference to affected states that contain an area, or that received a significant number of individuals who resided in an area, in which the President has declared that a major disaster exists. Authorizes waiver of nonfederal share requirements in specified circumstances.
Allows an affected state to use such reallotted funds for FY2005 to: (1) pay for vocational rehabilitation services for such individuals that contribute to economic growth and development of communities; (2) enable such individuals to participate in reconstruction or other major disaster assistance activities in the areas in which the individuals resided on certain dates; (3) pay for vocational rehabilitation services for such individuals who do not meet the affected state's order of selection criteria under RA; or (4) carry out other activities in accordance with title I of RA. | {"src": "billsum_train", "title": "A bill to assist individuals with disabilities affected by Hurricane Katrina or Rita through vocational rehabilitation services."} | 1,122 | 264 | 0.657132 | 1.964869 | 0.775702 | 4.433884 | 3.867769 | 0.863636 |
SECTION 1. INSTITUTION FINANCIAL AID OFFER FORM REQUIREMENTS.
Title I of the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.) is amended by adding at the end the following:
``PART E--INSTITUTION FINANCIAL AID OFFER FORM REQUIREMENTS
``SEC. 151. DEFINITIONS.
``In this part:
``(1) Adequacy.--The term `adequacy', with respect to a
financial aid offer form from a covered institution, means a
letter that provides parents and students with comprehensive
information on the postsecondary education costs and the terms
and conditions of financial aid offered so that the parents and
students can make informed educational loan borrowing
decisions.
``(2) Cost of attendance.--The term `cost of attendance'
has the meaning given the term in section 472.
``(3) Covered institution.--The term `covered institution'
means any educational institution that--
``(A) offers a postsecondary educational degree,
certificate, or program of study (including any
institution of higher education, as such term is
defined in section 102); and
``(B) receives any Federal funding or assistance.
``SEC. 152. INSTITUTION REQUIREMENTS RELATING TO FINANCIAL AID OFFER
FORMS.
``(a) Secretary Duties.--
``(1) Report and model formats.--Not later than October 1,
2009, the Secretary shall--
``(A) prepare a report on the adequacy of the
financial aid offer forms provided by covered
institutions to students and the parents of such
students, after consulting with--
``(i) students;
``(ii) parents of students;
``(iii) representatives of covered
institutions (including financial aid
administrators, registrars, and business
officers); and
``(iv) consumer groups that receive no
commercial or covered institution support;
``(B) include in the report model financial aid
offer formats for financial aid offer forms that--
``(i) are based on the report's findings;
and
``(ii) include the information described in
paragraph (2); and
``(C)(i) submit the report and model formats to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and Labor of
the House of Representatives; and
``(ii) make the report and model formats available
to covered institutions, lenders, and the public.
``(2) Model formats contents.--The model financial aid
offer formats developed under paragraph (1) shall present, in a
consumer-friendly manner, the following information:
``(A) The student's total cost of attendance for
the year for which the covered institution is issuing
the financial aid offer form, including the actual or
estimated costs included in the total cost of
attendance for such year for each of the following:
``(i) Tuition and fees.
``(ii) Room and board costs.
``(iii) Books and supplies.
``(iv) Transportation and miscellaneous
expenses.
``(B) The amount of financial aid that the student
does not have to repay, such as scholarships and
grants, offered to the student for such year.
``(C) The conditions under which the financial aid
described in subparagraph (B) is renewable each year.
``(D) The net cost of attendance for the student,
calculated as the total cost of attendance for the
student (as described in subparagraph (A) less the
amount of financial aid that the student does not have
to repay (as described in subparagraph (B)).
``(E) The amount of work-study assistance offered
to the student for such year, and the conditions that
the student has to fulfill for the work-study
assistance.
``(F) Information about loans for which the
student, or a parent of the student, is eligible for
such year and loans the covered institution recommends
for such year, as the Secretary determines necessary
for the model formats to meet the definition of
adequacy under this part. The information shall include
the applicable interest rates and other terms and
conditions of the loans, including the estimated
monthly repayment amount. The loans may include loans
under part B, D, or E of title IV or awards under
subpart 9 of part A of title IV (TEACH Grants).
``(G) Where a student or the student's parent can
seek additional information regarding the financial aid
offered.
``(H) Any other information the Secretary
determines necessary so that students and parents can
make informed student loan borrowing decisions.
``(b) Covered Institution Duties.--Not later than 1 year after the
release of the report and model financial aid offer formats described
in subsection (a), each covered institution shall--
``(1) use one of the model financial aid offer formats as
part of the information provided in any financial aid offer
form that the covered institution provides to a student
attending or planning to attend the covered institution, or the
parents of such student; and
``(2) ensure that such student and the parents of such
student receive the financial aid offer form in time for such
student or parent to take the information provided into account
before applying for or selecting an educational loan.''. | Amends the Higher Education Act of 1965 to direct the Secretary of Education to: (1) prepare a report for specified congressional committees on the adequacy of the financial aid offer forms issued by federally-assisted institutions of higher education (IHEs); and (2) develop model financial aid offer formats based on the report's findings.
Requires such formats to include, in a consumer-friendly manner, specified information regarding: (1) the student's total and net cost of attending the IHE; (2) available scholarships, loans, and work assistance; and (3) where to obtain additional information on the financial aid offered.
Directs each IHE to use one of the model formats as part of its financial aid offer form, and provide such form to current or prospective students and their parents in time for them to consider the format information before applying for or selecting an educational loan. | {"src": "billsum_train", "title": "A bill to amend title I of the Higher Education Act of 1965 regarding institution financial aid offer form requirements."} | 1,168 | 185 | 0.627805 | 1.787461 | 0.888037 | 2.885057 | 6.436782 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Skills for New Jobs Act''.
SEC. 2. FEDERAL MATCHING PAYMENTS FOR STATE NEW JOBS TRAINING TAX
CREDITS.
(a) Authority To Make Payments.--Subject to subsection (h), the
Secretary of the Treasury shall, on a quarterly basis, make a payment
to each eligible community college in an amount equal to the aggregate
new job tax withholding matches for all eligible trainees with respect
to such eligible community college for such quarter.
(b) New Job Tax Withholding Match.--In the case of any quarter, the
new job tax withholding match with respect to any eligible trainee is
an amount equal to the amounts remitted as described in subsection
(d)(1)(A) during such quarter with respect to such trainee by a
participating employer.
(c) Eligible Community College.--For purposes of this section, the
term ``eligible community college'' means a public institution of
higher education, as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)--
(1) at which the majority of degrees awarded, for any
academic year, are 2-year associate's degrees that are
acceptable for full credit toward a baccalaureate degree,
(2) that is located in a State that has a State new jobs
training tax credit program in effect, and
(3) that participates in such program by having in effect a
contract that meets the requirements of subsection (d)(2).
(d) State New Jobs Training Tax Credit Program.--
(1) Programs described.--For purposes of this section, the
term ``State new jobs training tax credit program'' means a
program established by a State government that provides that,
if an eligible community college and an employer sign a
contract that meets the requirements of paragraph (2) with
respect to an eligible trainee--
(A) the State income taxes withheld by the employer
on behalf of the eligible trainee, once employed by the
employer, to the extent they do not exceed the cost of
qualified training specified in such contract, will not
be remitted to the State in payment of income taxes,
but will be remitted to the eligible community college,
(B) the amounts so remitted will be treated in the
hands of the eligible community college as payment for
education provided by such community college, and
(C) for purposes of determining the State income
tax liability of the eligible trainee, the amounts so
remitted will be treated as if they had been remitted
to the State in payment of income taxes owed by the
eligible trainee.
(2) Qualified contract.--A contract meets the requirements
of this paragraph if--
(A) the contract is between an eligible community
college located in the State that has the program
described in paragraph (1) and an employer with at
least 1 job site located in such State,
(B) the contract meets all applicable requirements
under such State program,
(C) the contract provides that--
(i) the eligible community college will
directly provide qualified training to
individuals designated by the employer or will
contract with a provider of qualified training
to provide such training to such individuals,
(ii) the eligible community college will
not charge tuition or fees to such individuals,
(iii) the employer will hire such
individuals for full-time employment at a job
site located within the State,
(iv) such individuals will be paid by the
employer a wage that is not less than the
greater of--
(I) 175 percent of the Federal
minimum wage, or
(II) the amount specified under the
State program, and
(v) as provided under the State program,
the employer will remit the State income taxes
withheld by the employer on behalf of the
individual to the community college in payment
for the training, to the extent such taxes do
not exceed the cost described in subparagraph
(D),
(D) the contract specifies the entire cost of the
qualified training (including all costs for equipment
or instructional materials) that will be provided to
each individual, and
(E) the cost and terms specified under subparagraph
(D) are reasonable by market standards.
(3) Qualified training.--For purposes of this section, the
term ``qualified training'' means education or training which,
if completed, will provide the individual with--
(A) education or skills necessary to perform the
job for which such individual will be employed,
(B) education or skills necessary to obtain a
license required under Federal, State, or local
governmental regulation for the employment of the
individual in the job for which such individual will be
employed,
(C) a certificate or credential which is required
under Federal, State, or local governmental regulation
for the employment of the individual in the job for
which such individual will be employed, or
(D) a certificate or credential aligned with
national or regionally recognized industry standards
determined appropriate by the State.
(4) Job must be new job.--
(A) In general.--A State program will not be
treated as a State new jobs training tax credit program
for purposes of this subsection unless the program
provides that, in order to be eligible to participate,
the employer must show with respect to each eligible
trainee that such eligible trainee is hired for a job
that--
(i) is a new job (which, for purposes of
this paragraph, may include a new position
within an existing job category), and not a job
of a recalled worker, a replacement job, or any
other job that existed in the employer's
business within the 1-year period preceding the
date of hire,
(ii) is not a job that existed in a
business operation or substantially similar
business operation of the employer formerly
located in another location which was closed or
substantially reduced by the employer, and
(iii) results in a net increase in
employment for the employer.
(B) Only u.s. employees taken into account.--For
purposes of subparagraph (A), only employees at job
sites located in the United States (including the
possessions of the United States) shall be taken into
account.
(5) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (m) or (o) of section 414 of the Internal Revenue
Code of 1986, shall be treated as a single employer for
purposes of this section.
(6) Cooperation with local workforce investment boards.--An
employer or eligible community college participating in a State
new jobs training tax credit program may work with local
workforce investment boards established under section 117 of
the Workforce Investment Act of 1998 (29 U.S.C. 2832) in
searching for individuals to hire and train through such
program.
(e) Eligible Trainee.--For purposes of this section, the term
``eligible trainee'' means an individual--
(1) who received qualified training through an eligible
community college pursuant to a contract that meets the
requirements of subsection (d)(2), under a State new jobs
training tax credit program, and
(2) who is employed on a full-time basis, during the
quarter for which payment is made under subsection (a), by the
employer who was a party to such contract--
(A) at a job site located in the same State as the
eligible community college,
(B) at a wage that meets the requirements of
subsection (d)(2)(iii),
(C) in a job that meets the new job requirement of
subsection (d)(4), and
(D) in a job for which such qualified training is
required, either by law or regulation or by the
inherent requirements of the job.
(f) Appropriation.--Out of any sums in the Treasury not otherwise
appropriated, there are appropriated on an ongoing basis such sums as
are necessary to carry out this section.
(g) Remission of State Income Tax Withholdings Not Treated as
Payments for Training or Education.--In the case of an employer, the
amount of withheld State income tax which is remitted by the employer
to an eligible community college as described in subsection (d)(1)(A)
shall not be treated as an amount paid or incurred by the employer for
purposes of any credit or deduction available under the Internal
Revenue Code of 1986 to such employer, but shall be treated as if such
amount had been remitted to the State in payment of income taxes owed
by the employee.
(h) Tax Treatment of Payments With Respect to Eligible Trainee.--In
the case of an eligible trainee, neither--
(1) the amount of any withheld State income tax which is
remitted by an employer to an eligible community college as
described in subsection (d)(1)(A), nor
(2) the amount of any payment made under subsection (a),
shall be treated for purposes of the Internal Revenue Code of 1986 as
income of the eligible trainee. For purposes of determining the
deduction under section 164(a)(3) of such Code, amounts described in
paragraph (1) shall be treated as amounts paid for State income taxes
by the eligible trainee. | New Skills for New Jobs Act - Directs the Secretary of the Treasury, on a quarterly basis, to make payments to an eligible community college in an amount equal to the aggregate new job tax withholding matches for qualified training provided to job trainees who are U.S. citizens. Defines "qualified training" as education or training to provide an individual with the education or skills necessary to perform the job for which such individual will be employed or with licenses or certificates necessary for such employment. Requires that any job for which a trainee is hired be a new job. Defines "eligible community college" as a public institution of higher education: (1) at which the majority of degrees awarded are two-year degrees that are acceptable for full credit toward a baccalaureate degree, (2) that is located in a state that has a state new jobs tax credit program in effect, and (3) that participates in such program by having in effect a contract that meets specified requirements of such program. | {"src": "billsum_train", "title": "New Skills for New Jobs Act"} | 1,965 | 232 | 0.653514 | 1.992666 | 0.776174 | 5.12234 | 10 | 0.898936 |
SECTION 1. AUTHORIZATION FOR SITE SECURITY PROGRAM.
The Reclamation Safety of Dams Act of 1978 is amended as follows:
(1) In section 2, by inserting ``and site security'' after
``structural safety'' and before ``of Bureau of Reclamation
dams''.
(2) In section 3, by inserting ``and site security'' after
``dam safety'' and before ``and not for''.
(3) In section 4(c)--
(A) by inserting in ``and all costs incurred for
post-September 11, 2001 building and site security
activities (including facility fortifications and
modification and replacement of such fortifications,
which shall be treated as capital costs for
reimbursement purposes; and operation and maintenance
(O&M) costs, including costs of guards and patrols, as
identified in the Bureau of Reclamation's Report to
Congress dated February 2006,)'' after ``for safety
purposes'' and before ``shall be reimbursed to the
extent'';
(B) by inserting after ``provided in this
subsection.'' the following: ``Nothing in this Act
shall affect or alter the treatment of costs for the
continuation of pre-September 11, 2001 building and
site security activities.'';
(C) by inserting after paragraph (2) the following:
``(3) In the case of the Central Valley Project of
California, safety of dams and site security costs allocated to
irrigation and municipal and industrial water service shall be
collected by the Secretary exclusively through inclusion of
these costs in the operation and maintenance water rates,
capital water rates, or both.'';
(D) by renumbering paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(E) in paragraph (5) (as redesignated by
subparagraph (D) above)--
(i) by striking ``Costs'' and inserting the
following:
``(i) Modification costs''; and
(ii) by inserting after ``of the rates so
determined.'' the following:
``(ii) Reimbursable operation and
maintenance costs, including costs of guards
and patrols, shall be repaid annually, in
accordance with the provisions of paragraph
(1).''
(4) In section 4, by redesignating subsection (e) as
subsection (f).
(5) In section 4, by inserting after subsection (d) the
following:
``(e) The Secretary is authorized to develop policies and
procedures that are consistent with the requirements of subsection (f)
and section 5A in order to provide for agreements with project
beneficiaries for the return or reimbursable costs of site security
activities.''.
(6) In subsection 4(f) (as so redesignated by paragraph 4
above)--
(A) in paragraph (1), by inserting ``or site
security measure,'' after ``of the modification'' and
before ``the Secretary''; and
(B) in paragraph (2), by inserting ``or site
security measure.'' after ``of the modification''.
SEC. 2. REPORTS TO CONGRESS.
Section 5 of the Reclamation Safety of Dams Act of 1978 is
amended--
(1) by inserting ``(a)(1)'' at the beginning of the first
sentence;
(2) by inserting ``for the modification of structures which
result from new hydrologic or seismic data or changes in the
state-of-the-art criteria deemed necessary for safety
purposes'' after ``and ensuing fiscal years'' and before ``such
sums as may be necessary,'';
(3) by adding after paragraph (a)(1) the following:
``(2) Effective on the date of the enactment of this
paragraph, there are hereby authorized for post-September 11,
2001, building and site security activities described in
section 4(c) such sums as may be necessary, to remain available
until expended.'';
(4) by inserting ``(b)'' before ``Provided, that no
funds'';
(5) in subsection (b), by inserting ``the cause of which
results from new hydrologic or seismic data or changes in the
state-of-the-art criteria deemed necessary for safety
purposes,'' after ``an existing dam under this Act,'' and
before ``prior to 30 calendar days.''; and
(6) by adding after subsection (b) the following:
``(c) The Secretary shall report annually to the Natural Resources
Committee of the House of Representatives and the Energy and Natural
Resources Committee of the Senate on building and site security actions
and activities undertaken pursuant to this Act for each fiscal year.
The report shall include a summary of Federal and non-Federal
expenditures for the fiscal year and information relating to a 5-year
planning horizon for the program, detailed to show pre-September 11,
2001, and post-September 11, 2001 costs for the building and site
security activities.''.
SEC. 3. OTHER REPORTING REQUIREMENTS.
Section 5A(c)(3) of the Reclamation Safety of Dams Act of 1978 is
amended to read as follows:
``(3) When a modification is the result of new hydrologic
or seismic data or changes in the state-of-the-art criteria
deemed necessary for safety purposes, the response of the
Secretary shall be included in the reports required by section
5(b).''. | Amends the Reclamation Safety of Dams Act of 1978 to: (1) authorize the Secretary of the Interior to make modifications to preserve the site security of Bureau of Reclamation dams and related facilities; and (2) provide for the reimbursement of all costs incurred for post-September 11, 2001 building and site security activities.
Requires: (1) dam safety and site security costs allocated to irrigation, municipal, and industrial water service for the Central Valley Project, California, to be collected by the Secretary exclusively through inclusion of such costs in operation and maintenance rates, capital water rates, or both; and (2) reimbursable operation and maintenance costs to be repaid annually.
Authorizes the Secretary to develop policies and procedures to provide for agreements with project beneficiaries for the return of reimbursable costs of site security activities.
Authorizes appropriations for: (1) the modification of structures resulting from new hydrologic or seismic data or changes in the state-of-the-art criteria deemed necessary for safety purposes, with obligations exceeding a prescribed limit subject to a reporting requirement; and (2) post-September 11, 2001, building and site security activities.
Requires the Secretary to: (1) report annually to specified committees on building and site activities undertaken; and (2) include in required reports the Secretary's response when a modification is the result of new data or criteria changes deemed necessary for safety purposes. | {"src": "billsum_train", "title": "A bill to amend the Reclamation Safety of Dams Act of 1978 to authorize improvements for the security of dams and other facilities."} | 1,189 | 296 | 0.721079 | 2.348034 | 0.87115 | 4.116364 | 4.178182 | 0.916364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Port Security Improvements Act of
2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) After the tragic terrorist events of September 11,
2001, the Congress initially focused on improving aviation
security and, in November 2001, passed the Aviation and
Transportation Security Act (Public Law 107-71). That Act
provided deadlines for specific enhancements in aviation
security, including for issuance of certain rules governing the
conduct of non-Federal parties.
(2) The Congress then turned its focus to improving port
security and, in November 2002, passed the Maritime
Transportation Security Act of 2002 (Public Law 107-295). That
Act did not establish deadlines for specific enhancements in
port security. For example, there are no statutory deadlines
for interim final rules on facility and vessel security and on
civil penalties, nor for the rules on transportation security
cards.
(3) The United States maritime transportation system
includes more than 300 ports with more than 3,700 cargo and
passenger terminals. The top 25 ports account for 98 percent of
the more than 6,000,000 container shipments entering United
States ports yearly.
(4) The vast maritime transportation system is particularly
susceptible to terrorist attempts to smuggle personnel, weapons
of mass destruction, or other dangerous materials into the
United States. A large-scale terrorist attack at a United
States port could not only cause widespread damage but also
seriously affect the United States economy.
(5) The General Accounting Office found that, during fiscal
years 1999, 2000, and 2001, expenditures by 13 Federal agencies
for the maritime transportation system averaged about
$3,900,000,000 per year. Three agencies accounted for 93
percent of these expenditures: the Corps of Engineers, the
Coast Guard, and the Customs Service. The cost of Customs
Service operations for fiscal years 1999, 2000, and 2001 was
$484,200,000, $538,400,000, and $577,200,000, respectively.
(6) During that same period, 11 Federal agencies collected
approximately $1,000,000,000 each year from maritime
transportation system users. In addition, customs duties levied
on commodities imported through the maritime transportation
system averaged approximately $15,200,000,000 each year. In
comparison, custom duties levied on commodities imported
through the aviation transportation system and highway
transportation system averaged approximately $3,700,000,000 and
$900,000,000 each year, respectively.
(7) Many of the needed maritime transportation security
improvements will require costly outlays for infrastructure,
technology, and personnel. Before September 11, 2001, the
Interagency Commission on Crime and Security in United States
Seaports estimated that the cost of upgrading security
infrastructure at United States ports ranged from $10,000,000
to $50,000,000 per port. These estimates could increase
dramatically due to new post-September 11 security
requirements. For example, for the first $93,300,000 of Federal
grant funds for port security made available in a supplemental
appropriations Act, the Federal Government received grant
applications for almost $700,000,000. For the second round of
an expected $105,000,000 of Federal grants with funds made
available in such Act, the Federal Government received
applications for $997,000,000.
(8) In December 2002, the Coast Guard published its ``Cost
analysis report for vessel, facility, and port security''
(Appendix C to the notice published December 30, 2002 (67 Fed.
Reg. 79742), which included its estimates of first-year costs
for maritime transportation security improvements of
$1,300,000,000, and 10-year costs for such improvements of
$6,000,000,000.
SEC. 3. FINANCING PORT SECURITY ENHANCEMENTS.
(a) Portion of Duties Collected at Ports.--For each fiscal year,
there shall be available to the Secretary of Homeland Security for port
security enhancements at each port through which articles transported
by vessel are unladen for purposes of entering the customs territory of
the United States, 30 percent of the amount by which duties collected
during the preceding fiscal year on such articles that so entered
through that port exceed port security costs incurred at that port
during the preceding fiscal year.
(b) Definitions.--In this section--
(1) the term ``port security enhancements'' means--
(A) administrative processing and associated
services for increasing port security, including
administering the transportation security cards (also
known as the Transportation Worker Identification
Credential) issued under section 70105 of title 46,
United States Code, including background checks and
training;
(B) physical services (including inspections of
cruise passengers, cargo, and empty containers) and
certifications;
(C) construction and maintenance, including
upgrades to security infrastructure; and
(D) miscellaneous services;
(2) the term ``port security costs'' means costs incurred
by the Federal Government for the maritime transportation
system, including--
(A) administrative processing and associated
services;
(B) physical services, including inspections and
certifications;
(C) construction and maintenance; and
(D) miscellaneous services; and
(3) the term ``vessel'' has the meaning given that term in
section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).
(c) Period of Application.--Amounts shall be available under
subsection (a) only for the first five fiscal years beginning after the
date of the enactment of this Act.
SEC. 4. DEADLINE FOR TRANSPORTATION SECURITY CARD REGULATIONS.
Notwithstanding section 102 of the Maritime Transportation Security
Act of 2002 (Public Law 107-295; 116 Stat. 2085; 46 U.S.C. 70101 note),
the Secretary of the department in which the Coast Guard is operating--
(1) shall issue interim final regulations under section
70105 of title 46, United States Code, by not later than 6
months after the date of the enactment of this Act; and
(2) shall issue final regulations under that section by not
later than 12 months after the date of the enactment of this
Act.
SEC. 5. STANDARDIZATION OF SECURITY REQUIREMENTS FOR PORTS, VESSELS AND
FACILITIES.
The Secretary of the department in which the Coast Guard is
operating shall issue regulations under section 70103 of title 46,
United States Code, that establish a national minimum set of standard
security requirements for--
(1) each port in the United States;
(2) each facility in a port in the United States; and
(3) each vessel entering a United States port. | Port Security Improvements Act of 2003 - Makes available to the Secretary of Homeland Security for security enhancements at each port over each of the next five fiscal years 30 percent of the difference between the amount of duties collected at each port and the port's security costs.
Requires the Secretary of the department in which the Coast Guard is operating to issue: (1) final regulations governing biometric transportation security cards within one year; and (2) regulations that establish a national minimum set of standard security requirements for each port in the United States, each facility in a port in the United States, and each vessel entering a U.S. port. | {"src": "billsum_train", "title": "To provide funding for port security enhancements, and for other purposes."} | 1,371 | 134 | 0.492299 | 1.501123 | 0.462257 | 4.57377 | 10.770492 | 0.901639 |
SECTION 1. SHORT TITLE.
That this Act may be cited as the ``Assets for Independence Act
Amendments of 2000''.
SEC. 2. MATCHING CONTRIBUTIONS UNAVAILABLE FOR EMERGENCY WITHDRAWALS.
Section 404(5)(A)(v) of the Assets for Independence Act (42 U.S.C.
604 note) is amended by striking ``, or enabling the eligible
individual to make an emergency withdrawal''.
SEC. 3. ADDITIONAL QUALIFIED ENTITIES.
Section 404(7)(A) of the Assets for Independence Act (42 U.S.C. 604
note) is amended--
(1) in clause (i), by striking ``or'' at the end thereof;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) an entity that--
``(I) is--
``(aa) a credit union
designated as a low-income
credit union by the National
Credit Union Administration
(NCUA); or
``(bb) an organization
designated as a community
development financial
institution by the Secretary of
the Treasury (or the Community
Development Financial
Institutions Fund); and
``(II) can demonstrate a
collaborative relationship with a local
community-based organization whose
activities are designed to address
poverty in the community and the needs
of community members for economic
independence and stability.''.
SEC. 4. HOME PURCHASE COSTS.
Section 404(8)(B)(i) of the Assets for Independence Act (42 U.S.C.
604 note) is amended by striking ``100'' and inserting ``120''.
SEC. 5. INCREASED SET-ASIDE FOR ECONOMIC LITERACY TRAINING AND
ADMINISTRATIVE COSTS.
Section 407(c)(3) of the Assets for Independence Act (42 U.S.C. 604
note) is amended--
(1) by striking ``9.5'' and inserting ``15''; and
(2) by inserting after the first sentence the following:
``Of the total amount specified in this paragraph, not more
than 7.5 percent shall be used for administrative functions
under paragraph (1)(C), including program management, reporting
requirements, recruitment and enrollment of individuals, and
monitoring. The remainder of the total amount specified in this
paragraph (not including the amount specified for use for the
purposes described in paragraph (1)(D)) shall be used for
nonadministrative functions described in paragraph (1)(A),
including case management, budgeting, economic literacy, and
credit counseling. If the cost of nonadministrative functions
described in paragraph (1)(A) is less than 5.5 percent of the
total amount specified in this paragraph, such excess funds may
be used for administrative functions.''.
SEC. 6. ALTERNATIVE ELIGIBILITY CRITERIA.
Section 408(a)(1) of the Assets for Independence Act (42 U.S.C. 604
note) is amended by striking ``does not exceed'' and inserting ``is
equal to or less than 200 percent of the poverty line (as determined by
the Office of Management and Budget) or''.
SEC. 7. REVISED ANNUAL PROGRESS REPORT DEADLINE.
(a) In General.--Section 412(c) of the Assets for Independence Act
(42 U.S.C. 604 note) is amended by striking ``calendar'' and inserting
``project''.
(b) Transitional Deadline.--Notwithstanding the amendment made by
subsection (a), the submission of the initial report of a qualified
entity under section 412(c) shall not be required prior to the date
that is 90 days after the date of enactment of this Act.
SEC. 8. REVISED INTERIM EVALUATION REPORT DEADLINE.
(a) In General.--Section 414(d)(1) of the Assets for Independence
Act (42 U.S.C. 604 note) is amended by striking ``calendar'' and
inserting ``project''.
(b) Transitional Deadline.--Notwithstanding the amendment made by
subsection (a), the submission of the initial interim report of the
Secretary under section 412(c) shall not be required prior to the date
that is 90 days after the date of enactment of this Act.
SEC. 9. INCREASED APPROPRIATIONS FOR EVALUATION EXPENSES.
Subsection (e) of section 414 of the Assets for Independence Act
(42 U.S.C. 604 note) is amended to read as follows:
``(e) Evaluation Expenses.--Of the amount appropriated under
section 416 for a fiscal year, the Secretary may expend not more than
$500,000 for such fiscal year to carry out the objectives of this
section.''.
SEC. 10. NO REDUCTION IN BENEFITS.
Section 415 of the Assets for Independence Act (42 U.S.C. 604 note)
is amended to read as follows:
``SEC. 415. NO REDUCTION IN BENEFITS.
``Notwithstanding any other provision of Federal law (other than
the Internal Revenue Code of 1986) that requires consideration of 1 or
more financial circumstances of an individual, for the purpose of
determining eligibility to receive, or the amount of, any assistance or
benefit authorized by such law to be provided to or for the benefit of
such individual, funds (including interest accruing) in an individual
development account under this Act shall be disregarded for such
purpose with respect to any period during which such individual
maintains or makes contributions into such an account.''. | Excludes funds attributable to matching contributions by qualified entities from IDA emergency withdrawals.
Includes among eligible grantees low-income credit unions and community development financial institutions.
Revises requirements for withdrawals from IDA accounts for the purchase of a home.
Increases the amount of funds set aside for economic literacy training and administrative costs.
Includes a Federal poverty measure among alternative eligibility criteria.
Declares that funds in an IDA shall be disregarded entirely for purposes of determining eligibility for Federal programs based on need. | {"src": "billsum_train", "title": "Assets for Independence Act Amendments of 2000"} | 1,300 | 114 | 0.441887 | 1.145806 | 0.56158 | 1.673684 | 11.294737 | 0.768421 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Relief and Protection Act
of 1997''.
SEC. 2. REDUCTION IN RATES OF INCOME TAX FOR NONCORPORATE TAXPAYERS.
(a) In General.--Each of the tables contained in section 1 of the
Internal Revenue Code of 1986 (relating to tax imposed) is amended--
(1) by striking ``15%'' and inserting ``14.25%'',
(2) by striking ``28%'' and inserting ``26.6%'',
(3) by striking ``31%'' and inserting ``29.45%'',
(4) by striking ``36%'' and inserting ``34.2%'', and
(5) by striking ``39.6%'' and inserting ``37.62%''.
(b) Maximum Capital Gains Rates.--Subsection (h) of such Code
(relating to maximum capital gains rate) is amended--
(1) in paragraph (1)--
(A) by striking ``28 percent'' in subclause (I) of
subparagraph (A)(ii) and inserting ``26.6 percent'',
(B) by striking ``25 percent'' in subparagraph (B)
and inserting ``23.75 percent'',
(C) by striking ``28 percent'' in subparagraph (C)
and inserting ``26.6 percent'',
(D) in subparagraph (D)--
(i) by striking ``10 percent'' in the
matter preceding clause (i) and inserting ``9.5
percent'', and
(ii) by striking ``28 percent'' and
inserting ``26.6'', and
(E) by striking ``20 percent'' in subparagraph (E)
and inserting ``19 percent'', and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``8 percent'' and inserting
``7.6 percent'',
(ii) by striking ``10-percent'' and
inserting ``9.5-percent'', and
(iii) by striking ``10 percent'' and
inserting ``9.5 percent'',
(B) in subparagraph (B)--
(i) in the matter preceding clause (i)--
(I) by striking ``18 percent'' and
inserting ``17.1 percent'', and
(II) by striking ``20-percent'' and
inserting ``19-percent'', and
(ii) by striking ``20 percent'' in clause
(ii) and inserting ``19 percent''.
(c) Alternative Minimum Tax.--Clause (i) of section 55(b)(1)(A) of
such Code (relating to amount of tentative minimum tax for noncorporate
taxpayers) is amended--
(1) in subclause (I), by striking ``26 percent'' and
inserting ``24.7 percent'', and
(2) in subclause (II), by striking ``28 percent'' and
inserting ``26.6 percent''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
SEC. 3. JOINT RETURN STANDARD DEDUCTION TWICE THAT OF SINGLE RETURN.
(a) In General.--Paragraph (2) of section 63(c) of the Internal
Revenue Code of 1986 (relating to the standard deduction) is amended--
(1) in subparagraph (A), by striking ``$5,000'' and
inserting ``twice the amount in effect under subparagraph
(C)'', and
(2) in subparagraph (D), by striking ``$2,500'' and
inserting ``the amount in effect under subparagraph (C)''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years beginning after December 31, 1997.
SEC. 4. CHANGE IN FILING DATE FOR INDIVIDUAL INCOME TAX RETURNS TO
NOVEMBER 1.
(a) In General.--Section 6072(a) of the Internal Revenue Code of
1986 (relating to time for filing income tax returns) is amended--
(1) by striking ``15th day of April'' and inserting ``1st
day of November'', and
(2) by striking ``15th day of the fourth month'' and
inserting ``1st day of the 11th month''.
(b) Conforming Amendments.--
(1) Section 3510(a)(2) of such Code (relating to
coordination of collection of domestic service employment taxes
with collection of income taxes) is amended by striking ``15th
day of the fourth month'' and inserting ``1st day of the 11th
month''.
(2) Section 6075(b) of such Revenue Code (relating to gift
tax returns) is amended--
(A) in paragraph (3), by striking ``paragraphs (1)
and (2)'' and inserting ``paragraph (1)'',
(B) by striking paragraph (2), and
(C) by redesignating paragraph (3) as paragraph
(2).
(3) Section 6501(b)(2) of such Code (relating to return of
certain employment taxes and tax imposed by chapter 3) is
amended by striking ``April 15'' both places it appears and
inserting ``November 1''.
(4) Section 6513 of such Code (relating to time return
deemed filed and tax considered paid) is amended--
(A) in subsection (b)(1), by striking ``15th day of
the fourth month'' and inserting ``1st day of the 11th
month'', and
(B) in subsection (c), by striking ``April 15''
each place it appears and inserting ``November 1''.
(5) Section 6621(b)(2) of such Code (relating to special
rule for individual estimated tax) is amended to read as
follows:
``(2) Period during which rate applies.--The Federal short-
term rate determined under paragraph (1) for any month shall
apply during the first calendar quarter beginning after such
month.''
(6) Section 6654(b)(2)(A) of such Code (relating to period
of underpayment) is amended by striking ``15th day of the 4th
month'' and inserting ``1st day of the 11th month''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Taxpayer Relief and Protection Act of 1997 - Amends the Internal Revenue Code to: (1) reduce the individual income tax rates; (2) make the standard deduction on a joint return equal to twice the deduction of a single return; and (3) change the filing date for individual returns from April 15 to November 1. | {"src": "billsum_train", "title": "Taxpayer Relief and Protection Act of 1997"} | 1,505 | 65 | 0.467777 | 0.982454 | -0.330371 | 2.215385 | 20.030769 | 0.861538 |
SECTION 1. MODIFIED TIMETABLE FOR INITIAL COMPLIANCE WITH
ADMINISTRATIVE SIMPLIFICATION STANDARDS FOR HEALTH CARE
INFORMATION.
(a) In General.--Section 1175(b)(1) of the Social Security Act (42
U.S.C. 1320d-4(b)(1)) is amended to read as follows:
``(1) Initial compliance.--
``(A) In general.--Each person to whom an initial
standard or implementation specification adopted or
established under section 1173 applies shall comply
with the standard or specification by the later of--
``(i) 24 months after the date on which the
Secretary determines that--
``(I) regulations have been
promulgated in final form containing
all of the standards and specifications
required to be adopted or established
by such section (excluding standards
under subsection (b)(1) of such section
(providing for unique health
identifiers for individuals));
``(II) regulations have been
promulgated in final form implementing
section 1176; and
``(III) standard unique health
identifiers for each health plan and
health care provider are available for
use in the health care system pursuant
to standards adopted under section
1173(b); or
``(ii) October 16, 2004.
``(B) Determination of finality.--
``(i) In general.--The requirements of
subclauses (I) and (II) of subparagraph (A)(i)
shall be considered to be met if the
regulations are promulgated and become
effective in accordance with section 553 of
title 5, United States Code.
``(ii) Modifications.--Nothing in subclause
(I) or (II) of subparagraph (A)(i) shall be
construed as requiring the Secretary to take
into account any subsequent modification made
to a regulation pursuant to section 1174(b) in
making the determination that the regulation
has been promulgated in final form.''.
(b) Conforming Amendment.--Section 1175(b)(2) of the Social
Security Act (42 U.S.C. 1320d-4(b)(2)) is amended by adding at the end
``For purposes of this paragraph, the Secretary shall determine the
plans that qualify as small health plans.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect as if included in the enactment of section 262 of the
Health Insurance Portability and Accountability Act of 1996 (Public Law
104-191; 110 Stat. 2021 et seq.).
SEC. 2. NO EFFECT ON REGULATIONS GOVERNING PRIVACY OF INDIVIDUALLY
IDENTIFIABLE HEALTH INFORMATION.
Nothing in the amendments made by section 1, or in section 1175(b)
of the Social Security Act (42 U.S.C. 1320d-4(b)), as amended by
section 1, shall be construed as affecting--
(1) the compliance dates for initial implementation of the
standards for privacy of individually identifiable health
information set forth in section 164.534 of title 45, Code of
Federal Regulations (as amended by the final rule published on
February 26, 2001, in the Federal Register (66 Fed. Reg.
12433));
(2) any other provision of subpart E of part 164 of
subchapter C of subtitle A of title 45, Code of Federal
Regulations;
(3) any provision of subpart A of part 164 of subchapter C
of subtitle A of title 45, Code of Federal Regulations, insofar
as such subpart affects the application of subpart E of such
part;
(4) any provision of part 160 of subchapter C of subtitle A
of title 45, Code of Federal Regulations, insofar as such part
affects the application of subpart E of part 164 of such
subchapter; or
(5) the authority of the Secretary of Health and Human
Services under section 264 of the Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191; 110 Stat.
2033 et seq.).
SEC. 3. STUDY ON EFFECT OF ADMINISTRATIVE SIMPLIFICATION REQUIREMENTS.
(a) In General.--The Comptroller General of the United States shall
conduct a study to examine--
(1) the effect of the enactment of part C of title XI of
the Social Security Act (42 U.S.C. 1320d et seq.), and the
regulations promulgated under such part, on--
(A) health plans;
(B) health care providers;
(C) health care clearinghouses; and
(D) the Department of Health and Human Services;
and
(2) the progress of such persons and entities in complying
with such part and regulations.
(b) Deadline.--Not later than October 31, 2003, the Comptroller
General of the United States shall submit to the appropriate committees
of the Congress a report on the study conducted under subsection (a).
(c) Definitions.--For purposes of this section, the terms ``health
plan'', ``health care provider'', and ``health care clearinghouse''
have the meaning given such terms in section 1171 of the Social
Security Act (42 U.S.C. 1320d). | Amends part C (Administrative Simplification) of title XI of the Social Security Act to revise the deadline for initial compliance with standards for information transactions and data elements. | {"src": "billsum_train", "title": "To modify the deadline for initial compliance with the standards and implementation specifications promulgated under section 1173 of the Social Security Act, and for other purposes."} | 1,216 | 42 | 0.496044 | 1.147006 | 0.367304 | 2.032258 | 32.16129 | 0.806452 |
.
Section 301(a) of the Congressional Budget Act of 1974 (2 U.S.C.
631(a)) is amended--
(1) in paragraph (6), by--
(A) striking ``For'' and inserting ``for''; and
(B) striking ``and'' after the semicolon;
(2) in paragraph (7), by--
(A) striking ``For'' and inserting ``for''; and
(B) striking the period; and
(3) by adding after paragraph (7) the following:
``(8) calculations for the immediately preceding fiscal
year of the impact of the resolution on the net present value
of the Government's overall liabilities and commitments over--
``(A) a 75-year horizon; and
``(B) an indefinite time horizon;
as determined using the methodology of section 331(e)(3)(A)(i)
of title 31, United States Code.''.
SEC. 8. POINT OF ORDER ESTABLISHED AGAINST LEGISLATION ADVERSELY
AFFECTING NET PRESENT VALUE OF GOVERNMENT'S OVERALL
LIABILITIES AND COMMITMENTS.
(a) Report.--Section 308(a)(1) of the Congressional Budget Act of
1974 (2 U.S.C. 639(a)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) calculations under current policies of the
impact on the net present value of the Government's
liabilities and commitments of any measure with an
adverse impact greater than exceeds 0.25 percent of the
present discounted value of all future payroll taxes
over 75 years or an indefinite period as determined
using the methodology of section 331(e)(3)(A)(i) of
title 31, United States Code. The assumptions and
details of the methods used in making this calculation
shall be consistent with those utilized in the
financial statement published under section 331(e) of
title 31, United States Code, unless the responsible
official or agency elects to make calculations based on
other assumptions and methods for which a detailed
explanation and rationale is presented.''.
(b) Point of Order.--Section 312 of the Congressional Budget Act of
1974 (2 U.S.C. 643) is amended by adding at the end the following:
``(g) Negative Impact on Net Present Value of Government's Overall
Liabilities and Commitments.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that changes direct spending or revenues that would, when considered
together with any other legislation passed by that House or enacted
prior to such consideration during that calendar year, cause an adverse
impact on the net present value of the Government's overall liabilities
and commitments incurred by that measure over 75 years or an indefinite
time horizon that is greater than 1.25 percent of the present
discounted value of all future payrolls. The calculation required by
this subsection shall assume that the legislative measure subject to
the point of order will be a permanent change in law and disregard any
changes in the terms of the legislative measure and any formula or
mechanism for adjustments in the recommendations beyond the date of
enactment to the extent that such change, formula, or mechanism
increases the net present value of the Government's overall liabilities
or commitments over 75 years or an indefinite time horizon.''.
(c) 60 Votes.--Section 904 of the Congressional Budget Act of 1974
(2 U.S.C. 621 note) is amended--
(1) in subsection (c)(1), by inserting ``312(g),'' before
``313''; and
(2) in subsection (d)(2), by inserting ``312(g),'' before
``313''.
SEC. 9. TRUSTEES REPORT OF LIABILITIES.
Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is
amended by adding at the end the following: ``In such report the
Trustees shall include a calculation of the present value of projected
benefits to current participants, minus the present value of projected
revenues from current participants and current trust fund balances (the
Closed Group Unfunded Obligation), including all supplemental
information required by Federal Financial Accounting Standard No. 17
Social Insurance. The report shall also include the net present value
calculations related to the Trust Funds specified in section 3 and such
other supplemental information as the Trustees deem appropriate. In the
annual report and other public statements regarding Trust Fund
solvency, the Trustees shall give prominence to the Closed Group
Unfunded Obligation and also the annual change in the Closed Group
Unfunded Obligation. To the extent that the annual performance of the
Social Security system is consolidated into Federal budgetary
aggregates reported by the Congressional Budget Office, the General
Accounting Office, or the Office of Management and Budget, annual
changes in the Closed Group Unfunded Obligation shall be included.''.
SEC. 10. TREASURY DEPARTMENT ANALYSIS OF TAX PROVISIONS PRESENT VALUE.
(a) Present Value.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Treasury shall analyze and
report to Congress regarding the methodology and utility of preparing
calculations of the net present value of specific provisions of the
Internal Revenue Code of 1986 that defer tax liability or cause long-
term revenue effects that are not captured in a cash flow estimate over
5 or 10 years.
(b) Long-Term.--Not later than 12 months after the date of
enactment of this Act, the President shall submit to Congress a
calculation under current policies of the impact on the net present
value of the Government's overall liabilities and commitments over 75
years and over an indefinite time horizon for current tax expenditures
and any tax legislative recommendation included in the Budget of the
United States that have an adverse impact greater than exceeds 1.25
percent of the present discounted value of all future payrolls over 75
years and over an indefinite time horizon.
SEC. 11. BAR USE OF EXPEDITED PROCEDURES TO ENACT LEGISLATION THAT
AGGRAVATES THE BUDGET DEFICIT OR REDUCES THE BUDGET
SURPLUS.
Section 310 of the Congressional Budget Act of 1974 (2 U.S.C. 641)
is amended by adding at the end the following:
``(i) Limitation to Budget Enforcement.--It shall not be in order
in the Senate or House of Representatives to consider any
reconciliation bill or resolution reported pursuant to a concurrent
resolution on the budget that increases the deficit or reduces the
surplus for the budget year, for the total period of years covered by
the concurrent resolution on the budget or that changes direct spending
or revenues causing an adverse impact on the net present value of
United States Government liabilities and commitments over 75 years or
an indefinite time horizon.''.
SEC. 12. REINSTATEMENT OF PAY-AS-YOU-GO ENFORCEMENT.
(a) Statutory Enforcement.--
(1) In general.--Section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 902) is
amended--
(A) in subsection (a), by striking ``enacted before
September 30, 2002,'';
(B) in subsection (b), by striking ``enacted before
September 30, 2002,''; and
(C) by adding at the end the following:
``(f) Declaration of War.--Notwithstanding any other provision of
this Act, subsection shall apply in any fiscal year unless a
declaration of war is in effect.''.
(2) Pay-as-you-go adjustment.--Upon the enactment of this
section, the Director of the Office of Management and Budget
shall change any balance of direct spending and receipts
legislation for fiscal year 2003 under section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 to
zero.
(b) Pay-As-You-Go Rule in Congress.--
(1) Point of order.--
(A) In general.--It shall not be in order in the
Senate or the House of Representatives to consider any
direct spending or revenue legislation that would
decrease the on-budget surplus, increase the on-budget
deficit, or cause an on-budget deficit for any one of
the three applicable time periods as measured in
subparagraphs (E) and (F).
(B) Applicable time periods.--For purposes of this
paragraph the term ``applicable time period'' means any
one of the three following periods:
(i) The first year covered by the most
recently adopted concurrent resolution on the
budget.
(ii) The period of the first five fiscal
years covered by the most recently adopted
concurrent resolution on the budget.
(iii) The period of the five fiscal years
following the first five fiscal years covered
in the most recently adopted concurrent
resolution on the budget.
(C) Direct-spending legislation.--For purposes of
this paragraph and except as provided in subparagraph
(D), the term ``direct-spending legislation'' means any
bill, joint resolution, amendment, motion, or
conference report that affects direct spending as that
term is defined by and interpreted for purposes of the
Balanced Budget and Emergency Deficit Control Act of
1985.
(D) Exclusion.--For purposes of this paragraph, the
terms ``direct-spending legislation'' and ``revenue
legislation'' do not include--
(i) any concurrent resolution on the
budget; or
(ii) any provision of legislation that
affects the full funding of, and continuation
of, the deposit insurance guarantee commitment
in effect on the date of the enactment of the
Budget Enforcement Act of 1990.
(E) Baseline.--Calculations prepared pursuant to
this paragraph shall--
(i) use the baseline used for the most
recently adopted concurrent resolution on the
budget; and
(ii) be calculated under the requirements
of subsections (b) through (d) of section 257
of the Balanced Budget and Emergency Deficit
Control Act of 1985 for fiscal years beyond
those covered by that concurrent resolution on
the budget.
(F) Prior surplus.--If direct spending or revenue
legislation decreases the on-budget surplus, increases
the on-budget deficit, or causes an on-budget deficit
when taken individually, then it must also decrease the
on-budget surplus, increase the on-budget deficit, or
cause an on-budget deficit when taken together with all
direct spending and revenue legislation enacted since
the beginning of the calendar year not accounted for in
the baseline under subparagraph (E)(i).
(2) Waiver.--This subsection may be waived or suspended in
the Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(3) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this subsection shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the bill or
joint resolution, as the case may be. An affirmative vote of
three-fifths of the Members of the Senate, duly chosen and
sworn, shall be required in the Senate to sustain an appeal of
the ruling of the Chair on a point of order raised under this
subsection.
(4) Determination of budget levels.--For purposes of this
subsection, the levels of new budget authority, outlays, and
revenues for a fiscal year shall be determined on the basis of
calculations made by the Committee on the Budget.
(5) Declaration of war.--This subsection shall not apply in
any fiscal year in which a declaration of war is in effect. | Honest Government Accounting Act of 2003 - Requires, in a current annual report from the Secretary of the Treasury to the President and Congress on the overall financial position of the U.S. Government, the preparation of a net present value calculation of all major Government liabilities and commitments, including outstanding debt held by the public and all social insurance entitlements such as Social Security and Medicare. Requires each calculation to: (1) be prepared for both a 75-year horizon and an indefinite time horizon; and (2) include the financial and demographic assumptions and details of the methods used in making the calculations.
Mandates that if the total of debt held by the public added to the net present value calculation of the overall liabilities and commitments of the Government exceeds 1.25 percent of the present discounted value of all future payrolls no later than September 15, 2005, the President shall submit to Congress and the Commission on Long-Term Government Liabilities and Commitments (established herein) a plan to reduce that percentage to 1.25 or less. Establishes such Commission to make recommendations to the President and Congress for ensuring that such percentage is no greater than 1.25 percent as of September 11, 2011. Requires the President to report to Congress on any legislative recommendations included in the President's budget which have an adverse impact greater than 0.25 percent of the present discounted value of all future payrolls over 75 years or over an indefinite time horizon, as well as a plan to bring the percentage back to 1.25 by September 11, 2011.
Amends the Congressional Budget Act to require budget resolutions to include calculations for the immediately preceding fiscal year of the impact of the resolution on the net present value of the Government's overall liabilities and commitments for both the 75-year and indefinite time horizon. Establishes a point of order against legislation that adversely affects the 1.25 percent by 0.25 percent or more. Directs the Secretary to analyze and report to Congress on the methodology and utility of preparing calculations of the net present value of specific provisions of the Internal Revenue Code that defer tax liability or cause long-term revenue effects that are not captured in a cash flow estimate over five or ten years. Bars the use of expedited procedures to enact legislation which has an adverse impact on the budget deficit or reduces the budget surplus.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to reinstate the "pay-as-you-go" budgetary requirements of such Act. | {"src": "billsum_train", "title": "A bill to ensure that the Government fully accounts for both its explicit liabilities and implicit commitments and adopts fiscal and economic policies that enable it to finance and manage these liabilities and commitments, to honor commitments to the Baby Boom and subsequent generations with regard to social insurance programs, and to provide for the national defense, homeland security, and other critical governmental responsibilities."} | 2,652 | 545 | 0.568025 | 1.768298 | 0.633923 | 3.629237 | 5.002119 | 0.879237 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The American Folklife Center in the Library of Congress
was created by Congress in 1976, building on the vast expertise
and archival material existing at the Library since 1928.
(2) As an instrumentality of the Congress, it is fitting
that the American Folklife Center should have a direct and
close relationship with the representatives of the people, who
are best able to oversee the ongoing activities of the Center
to preserve and promote the cultural traditions of the people,
and to ensure that the resources of the Center be readily
available to all Americans.
(3) In over 20 years since its creation, the American
Folklife Center in the Library of Congress has--
(A) increased the size of the Archive of Folk
Culture from 500,000 to 1,500,000 multi-format
ethnographic items;
(B) engaged in 15 cultural surveys and field
documentation projects in all regions of the country;
(C) provided publications, documentary equipment on
loan, and advisory and reference service to persons and
institutions in all 50 States;
(D) produced exhibitions and other educational
programs on American Folklife at the Library and around
the country;
(E) begun sharing its unique collections in digital
form via the Internet; and
(F) served as a national center for the professions
of folklore, ethnomusicology, and cultural studies.
(4) Congress has consistently provided encouragement and
support of American Folklife as an appropriate matter of
concern to the Federal Government, passing legislation to
reauthorize the Center 8 times since its creation in 1976.
(5) The American Folklife Center is the only unit in the
Library of Congress which is not permanently authorized. Since
its establishment in 1976, the Center's collections and
activities have been fully and successfully integrated into the
Library of Congress. It is useful to statutorily conform the
American Folklife Center with the rest of the Library of
Congress.
(b) Purpose.--It is the purpose of this Act to authorize
permanently the American Folklife Center in the Library of Congress to
preserve and present American Folklife.
SEC. 2. REAUTHORIZATION AND AMENDMENT.
(a) Board of Trustees; Appointment and Compensation of Director;
Elimination of Deputy Director Position.--Section 4 of the American
Folklife Preservation Act (20 U.S.C. 2103) is amended--
(1) by striking subsection (b) and inserting the following:
``(b)(1) The Center shall be under the direction of a Board of
Trustees. The Board shall be composed as follows--
``(A) four members appointed by the President from among
individuals who are officials of Federal departments and
agencies concerned with some aspect of American Folklife
traditions and arts;
``(B) four members appointed by the President pro tempore
of the Senate from among individuals from private life who are
widely recognized by virtue of their scholarship, experience,
creativity, or interest in American Folklife traditions and
arts, and four members appointed by the Speaker of the House of
Representatives from among such individuals;
``(C) four members appointed by the Librarian of Congress
from among individuals who are widely recognized by virtue of
their scholarship, experience, creativity, or interest in
American folklife traditions and arts;
``(D) the Librarian of Congress;
``(E) the Secretary of the Smithsonian Institution;
``(F) the Chairman of the National Endowment for the Arts;
``(G) the Chairman of the National Endowment for the
Humanities;
``(H) the President of the American Folklore Society;
``(I) the President of the Society for Ethnomusicology; and
``(J) the Director of the Center.
``(2) In making appointments from private life under paragraph
(1)(B), the President pro tempore of the Senate and the Speaker of the
House of Representatives shall give due consideration to the
appointment of individuals who collectively will provide appropriate
diversity and regional balance on the Board. Not more than 3 of the
members appointed by the President pro tempore of the Senate or by the
Speaker of the House of Representatives may be affiliated with the same
political party.
``(3) In making appointments under paragraph (1)(C), the Librarian
of Congress shall include at least 2 members who direct or are members
of the boards of major American folklife organizations other than the
American Folklore Society and the Society for Ethnomusicology.'';
(2) by striking subsection (d) and inserting the following:
``(d) Members of the Board shall serve without pay, but members who
are not regular full-time employees of the United States may, at the
discretion of the Librarian, be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Board.'';
(3) in subsection (e)--
(A) in the fourth sentence of paragraph (1), by
inserting ``currently serving'' after ``Board''; and
(B) by adding at the end the following:
``(3) The Board shall meet at least once each fiscal year.'';
(4) by striking subsection (f) and inserting the following:
``(f) After consultation with the Board, the Librarian shall
appoint the Director of the Center. The basic pay of the Director shall
be at an annual rate that is not less than an amount equal to 120% of
the minimum rate of basic pay payable for GS-15 of the General Schedule
nor more than an amount equal to the pay payable under level IV of the
Executive Schedule under section 5315 of title 5.''; and
(5) in subsection (g)--
(A) in paragraph (1), by striking the paragraph
designation; and
(B) by striking paragraph (2).
(b) Administrative Provisions.--Section 7(a)(4) of the American
Folklife Preservation Act (20 U.S.C. 2106(a)(4)) is amended by striking
``, but no individual so appointed shall receive compensation in excess
of the rate received by the Deputy Director of the Center''.
SEC. 3. PERMANENT AUTHORIZATION OF APPROPRIATIONS.
Section 8 of the American Folklife Preservation Act (20 U.S.C.
2107) is amended to read as follows:
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Center to carry
out this Act such sums as may be necessary for each fiscal year.''.
SEC. 4. BOARD OF TRUSTEES, TRANSITION PERIOD.
The term of office of members of the Board of Trustees appointed by
the Librarian of Congress under the amendments made by section 2(a)
shall be 6 years, except that--
(1) of the 4 members first appointed by the Librarian, 1
shall serve for a term of 2 years, 2 for a term of 4 years, and
1 for a term of 6 years;
(2) any member appointed to fill a vacancy occurring prior
to expiration of the term to which his or her predecessor was
appointed shall be appointed for the remainder of such term;
and
(3) the terms of the Presidents of the American Folklore
Society and the Society for Ethnomusicology shall be
coterminous with their terms of office. | Amends the American Folklife Preservation Act to add the following individuals to the Board of Trustees of the American Folklife Center of the Library of Congress: (1) four members appointed by the Librarian of Congress from among individuals widely recognized by virtue of their scholarship, experience, creativity, or interest in American folklife traditions and arts; (2) the President of the American Folklore Society; and (3) the President of the Society for Ethnomusicology.
Requires the President pro tempore of the Senate and the Speaker of the House of Representatives to give due consideration to the appointment of individuals who will provide diversity on the Board.
Revises provisions regarding reimbursement of travel expenses. Requires Board members to serve without pay and authorizes members who are not regular full-time Federal employees, at the Librarian's discretion, to be reimbursed for actual and necessary traveling and subsistence expenses incurred in the performance of Board duties. (Currently, such members are entitled to receive compensation at rates fixed by the Librarian of up to $100 per diem while serving on business and allowed travel expenses.)
Requires the Board to meet at least once each fiscal year.
Fixes the annual pay of the Center Director at a minimum of 120 percent of the minimum rate of pay for GS-15 of the General Schedule or a maximum of the pay under level IV of the Executive Schedule. (Currently, the Director's pay is not to exceed the annual rate for GS-18.)
Eliminates the position of Deputy Director of the Center.
Makes permanent the authorization of appropriations for the Center.
Establishes a six-year term for Board members appointed by the Librarian under this Act, with exceptions. | {"src": "billsum_train", "title": "A bill to amend the American Folklife Preservation Act to permanently authorize the American Folklife Center of the Library of Congress."} | 1,578 | 364 | 0.553447 | 2.102584 | 0.60756 | 3.546584 | 4.664596 | 0.89441 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tiffany Joslyn Juvenile
Accountability Block Grant Program Reauthorization Act of 2016''.
SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM.
Part R of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796ee et seq.) is amended--
(1) in section 1801(b)--
(A) in paragraph (1), by striking ``graduated
sanctions'' and inserting ``graduated sanctions and
incentives''; and
(B) in paragraph (3), by striking ``hiring juvenile
court judges, probation officers, and court-appointed
defenders and special advocates, and'';
(C) by striking paragraphs (4) and (7), and
redesignating paragraphs (5) through (17) as paragraphs
(4) through (15), respectively; and
(D) in paragraph (11), as so redesignated, by
striking ``research-based bullying, cyberbullying, and
gang prevention programs'' and inserting
``interventions such as researched-based anti-bullying,
anti-cyberbullying, and gang prevention programs, as
well as mental health services and trauma-informed
practices'';
(2) in section 1802--
(A) in subsection (d)(3), by inserting after
``individualized sanctions'' the following: ``,
incentives,'';
(B) in subsection (e)(1)(B), by striking
``graduated sanctions'' and inserting ``graduated
sanctions and incentives''; and
(C) in subsection (f)--
(i) in paragraph (2)--
(I) by inserting after ``A sanction
may include'' the following: ``a range
of court-approved interventions, such
as''; and
(II) by inserting after ``a fine,''
the following: ``a restorative justice
program,''; and
(ii) by inserting after paragraph (2) the
following:
``(3) Incentives.--The term `incentives' means
individualized, goal-oriented, and graduated responses to a
juvenile offender's compliance with court orders and case
disposition terms designed to reinforce or modify the skills
and behaviors of the juvenile offender. An incentive may
include a certificate of achievement, a letter of
recommendation, a family or program activity, a meeting or
special outing with a community leader, a reduction in
community service hours, a reduced curfew or home-restriction,
a decrease in required court appearances, or a decrease in the
term of court-ordered supervision.'';
(3) in section 1810(a), by striking ``$350,000,000 for each
of fiscal years 2006 through 2009'' and inserting ``$25,000,000
for each of fiscal years 2018 through 2022''; and
(4) by adding at the end the following:
``SEC. 1811. GRANT ACCOUNTABILITY.
``(a) Definition of Applicable Committees.--In this section, the
term `applicable committees' means--
``(1) the Committee on the Judiciary of the Senate; and
``(2) the Committee on the Judiciary of the House of
Representatives.
``(b) Accountability.--All grants awarded by the Attorney General
under this part shall be subject to the following accountability
provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months after the date on which the final audit
report is issued.
``(B) Audit.--Beginning in the first fiscal year
beginning after the date of enactment of this section,
and in each fiscal year thereafter, the Inspector
General of the Department of Justice shall conduct
audits of recipients of grants awarded by the Attorney
General under this part to prevent waste, fraud, and
abuse of funds by grantees. The Inspector General shall
determine the appropriate number of grantees to be
audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this part that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this part during the first 2
fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
``(D) Priority.--In awarding grants under this
part, the Attorney General shall give priority to
eligible applicants that did not have an unresolved
audit finding during the 3 fiscal years before
submitting an application for a grant under this part.
``(E) Reimbursement.--If an entity is awarded grant
funds under this part during the 2-fiscal-year period
during which the entity is barred from receiving grants
under subparagraph (C), the Attorney General shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this section, the
Attorney General shall submit to the applicable committees an
annual certification--
``(A) indicating whether--
``(i) all audits issued by the Inspector
General of the Department of Justice under
paragraph (1) have been completed and reviewed
by the appropriate Assistant Attorney General
or Director;
``(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this part, the Attorney General
shall compare potential grant awards with other grants awarded
under this part by the Attorney General to determine if
duplicate grant awards are awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants under this part to the same applicant for the same
purpose, the Attorney General shall submit to the applicable
committees a report that includes--
``(A) a list of all duplicate grants awarded under
this part, including the total dollar amount of any
duplicate grants awarded; and
``(B) the reason the Attorney General awarded the
duplicate grants.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the use of best practices is
encouraged for all activities for which grants under part R of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 may be used.
SEC. 4. USE OF AMOUNTS MADE AVAILABLE FOR DEPARTMENT OF JUSTICE,
GENERAL ADMINISTRATION TO CARRY OUT JUVENILE
ACCOUNTABILITY BLOCK GRANT PROGRAM.
In each of fiscal years 2018 through 2022, the Attorney General
shall use up to $25,000,000 of the amounts made available for
Department of Justice, General Administration, to carry out part R of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796ee et seq.).
Amend the title so as to read: ``A bill to amend the
Omnibus Crime Control and Safe Streets Act of 1968 to
reauthorize the Juvenile Accountability Block Grant program,
and for other purposes.''. | Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act of 2016 (Sec. 2) This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and reauthorize through FY2022 the Juvenile Accountability Block Grant (JABG) Program. It subjects JABG grants to accountability measures. The Department of Justice's (DOJ's) Office of Inspector General must conduct annual audits of selected grant recipients. DOJ must submit an annual certification to Congress and identify and report on duplicative grant awards. (Sec. 3) The bill expresses the sense of Congress that the use of best practices is encouraged for activities carried out with JABG funds. (Sec. 4) DOJ must use amounts made available for general administration to carry out the JABG Program. | {"src": "billsum_train", "title": "Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act of 2016"} | 1,779 | 185 | 0.4802 | 1.403682 | 0.727258 | 3.028169 | 11.204225 | 0.84507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobilized Reserve Savings Account
Act''.
SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO SAVINGS ACCOUNTS OF ARMED FORCES
RESERVES.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 223 as
section 224 and by inserting after section 222 the following new
section:
``SEC. 223. CONTRIBUTIONS TO ARMED FORCES RESERVE SAVINGS ACCOUNTS.
``(a) Deduction Allowed.--
``(1) In general.--In the case of an individual who is a
qualified reservist, there shall be allowed as a deduction for
the taxable year an amount equal to the contributions of the
individual to an Armed Forces reserve savings account of the
individual for the taxable year.
``(2) Maximum amount.--The amount allowable as a deduction
under subsection (a) to any individual for a taxable year shall
not exceed the lesser of--
``(A) $5,000, or
``(B) $25,000, reduced by the aggregate
contributions by such individual to Armed Forces
reserve savings accounts for all preceding taxable
years.
``(b) Qualified Reservist.--For purposes of this section, the term
`qualified reservist' means an individual who, on the last day of the
taxable year, is a member of a reserve component of the Armed Forces.
``(c) Armed Forces Reserve Savings Account.--For purposes of this
section, the term `Armed Forces reserve savings account' means a trust
created or organized in the United States for the exclusive benefit of
an individual and the individual's beneficiaries, but only if the
written governing instrument creating the trust meets the following
requirements:
``(1) No contribution will be accepted unless it is in
cash.
``(2) The trustee is a bank (as defined in section 408(n))
or another person who demonstrates to the satisfaction of the
Secretary that the manner in which that person will administer
the trust will be consistent with the requirements of this
section.
``(3) No part of the trust assets will be invested in life
insurance contracts.
``(4) The assets of the trust will not be commingled with
other property except in a common trust fund or common
investment fund.
``(5) The interest of an individual in the balance of the
individual's account is nonforfeitable.
``(d) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount paid or distributed out of an Armed
Forces reserve savings account shall be included in the gross
income of the payee or distributee for the taxable year in
which the payment or distribution is received in the manner
provided under section 72.
``(2) Excess contributions returned before due date of
return.--Paragraph (1) shall not apply to the distribution of
any contribution paid during a taxable year to an Armed Forces
reserve savings account to the extent that such contribution
exceeds the amount allowable as a deduction under subsection
(a) if--
``(A) such distribution is received on or before
the day prescribed by law (including extensions of
time) for filing such individual's return for such
taxable year,
``(B) no deduction is allowed under subsection (a)
with respect to such excess contribution, and
``(C) such distribution is accompanied by the
amount of net income attributable to such excess
contribution.
Any net income described in subparagraph (C) shall be included
in the gross income of the individual for the taxable year in
which such excess contribution was made.
``(3) Rollover contribution.--
``(A) In general.--Paragraph (1) shall not apply to
any amount paid or distributed from an Armed Forces
reserve savings account to the account holder to the
extent the amount received is paid to another such
account for the benefit of such holder not later than
the 60th day on which the holder receives the payment
or distribution.
``(B) Limitation.--If an individual receives more
than 1 payment or distribution during any 12-month
period, this paragraph shall not apply to any such
payment or distribution to the individual if this
paragraph previously applied to any such payment or
distribution.
``(4) Additional tax on certain distributions.--
``(A) In general.--The tax imposed by this chapter
on the account holder for any taxable year in which
there is a payment or distribution from an Armed Forces
reserve account which is includible in gross income
shall be increased by 10 percent of the amount which is
so includible.
``(B) Exceptions related to military service.--
Subparagraph (A) shall not apply if the payment or
distribution is made--
``(i) during any period during which the
account holder is serving on active duty to
which called or ordered under a provision of
law referred to in section 101(a)(13)(B) of
title 10, United States Code, or
``(ii) after the account holder ceases to
be a member of a reserve component of the Armed
Forces or is transferred to the retired list of
such a reserve component.
For purposes of clause (i), a payment made during the
60-day period immediately preceding or following the
period described in clause (i) shall be treated as made
during the period so described.
``(C) Exceptions for disability or death.--
Subparagraph (A) shall not apply if the payment or
distribution is made after the account holder becomes
disabled within the meaning of section 72(m)(7) or
dies.
``(5) Investment in collectibles treated as
distributions.--Rules similar to the rules of section 408(m)
shall apply for purposes of this section.
``(e) Tax Treatment of Accounts.--
``(1) Exemption from tax.--An Armed Forces reserve savings
account is exempt from taxation under this subtitle unless such
account has ceased to be an Armed Forces reserve savings
account by reason of paragraph (2). Notwithstanding the
preceding sentence, any such account is subject to the taxes
imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable, etc. organizations).
``(2) Loss of exemption of account where individual engages
in prohibited transaction.--
``(A) In general.--If the individual for whose
benefit an Armed Forces reserve savings account is
established or any individual who contributes to such
account engages in any transaction prohibited by
section 4975 with respect to the account, the account
shall cease to be an Armed Forces reserve savings
account as of the first day of the taxable year (of the
individual so engaging in such transaction) during
which such transaction occurs.
``(B) Account treated as distributing all its
assets.--In any case in which any account ceases to be
an Armed Forces reserve savings account by reason of
subparagraph (A) as of the first day of any taxable
year, paragraph (1) of subsection (d) shall apply as if
there was a distribution on such first day in an amount
equal to the fair market value (on such first day) of
all assets in the account (on such first day).
``(3) Effect of pledging account as security.--If, during
any taxable year, the individual for whose benefit an Armed
Forces reserve savings account is established uses the account
or any portion thereof as security for a loan, the portion so
used shall be treated as distributed to the individual so using
such portion.
``(f) Special Rules.--
``(1) Time when contributions deemed made.--A taxpayer
shall be deemed to have made a contribution to an Armed Forces
reserve savings account on the last day of the preceding
taxable year if the contribution is made on account of such
taxable year and is made not later than the time prescribed by
law for filing the return for such taxable year (not including
extensions thereof).
``(2) Death and divorce.--Rules similar to the rules of
sections 401(a)(9), 401(a)(11), and 408(d)(6) shall apply for
purposes of this section.
``(3) Community property laws.--This section shall be
applied without regard to any community property laws.
``(g) Reports.--The trustee of an Armed Forces reserve savings
account shall make such reports regarding such account to the Secretary
and to the account holder with respect to contributions, distributions,
and such other matters as the Secretary may require under regulations.
The reports required by this subsection shall be filed at such time and
in such manner and furnished to such individuals at such time and in
such manner as may be required by those regulations.''
(b) Allowance of Deduction in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (defining adjusted gross
income) is amended by inserting after paragraph (18) the following new
paragraph:
``(19) Contributions to armed forces reserve savings
accounts.--The deduction allowed by section 223(a).''
(c) Tax on Excess Contributions.--Section 4973 of such Code
(relating to tax on excess contributions to certain tax-favored
accounts and annuities) is amended--
(1) in subsection (a), by striking ``or'' at the end of
paragraph (3), by inserting ``or'' at the end of paragraph (4),
and by inserting after paragraph (4) the following new
paragraph:
``(5) an Armed Forces reserve savings account (as defined
in section 223(c)),'', and
(2) by adding at the end the following new subsection:
``(g) Excess Contributions to an Armed Forces Reserve Savings
Account.--For purposes of this section, in the case of an Armed Forces
reserve savings account, the term `excess contributions' means the sum
of--
``(1) the aggregate amount contributed for the taxable year
to the account which is not allowable as a deduction under
section 223 for such taxable year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by--
``(A) the distributions out of the accounts which
were included in gross income under section 223(d)(1)
for the taxable year, over
``(B) the amount contributed to the accounts for
the taxable year.
For purposes of this subsection, any contribution which is
distributed out of the Armed Forces reserve savings account in
a distribution to which section 223(d)(2) applies shall be
treated as an amount not contributed.''.
(d) Tax on Prohibited Transactions.--Section 4975 of such Code
(relating to prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(6) Special rule for armed forces reserve savings
accounts.--An individual for whose benefit an Armed Forces
reserve savings account is established and any contributor to
such account shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if, with
respect to such transaction, the account ceases to be an Armed
Forces reserve savings account by reason of the application of
section 223 to such account.'', and
(2) in subsection (e)(1), by striking ``or'' at the end of
subparagraph (E), by redesignating subparagraph (F) as
subparagraph (G), and by inserting after subparagraph (E) the
following new subparagraph:
``(F) an Armed Forces reserve savings account
described in section 223, or''.
(e) Failure To Provide Reports on Armed Forces Reserve Savings
Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to
failure to provide reports on certain tax-favored accounts or
annuities) is amended 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) section 223(g) (relating to Armed Forces
reserve savings accounts).''.
(f) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 223 and inserting the following new items:
``Sec. 223. Contributions to Armed Forces
reserve savings accounts.
``Sec. 224. Cross reference.''
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Mobilized Reserve Savings Account Act - Amends the Internal Revenue Code to allow a qualified armed forces reservist to deduct annual contributions to an Armed Forces reserve savings account (as defined by this Act). Limits annual contributions to the lesser of $5,000, or $25,000 reduced by previous contributions to such accounts.Treats account distributions from deductible contributions as taxable income. Provides an additional ten percent tax unless the distribution is made: (1) while the account holder is serving on active duty (including the 60-day period immediately preceding or following such period); or (2) after the account holder ceases to be a member of a reserve component or is transferred to such component's retired list.Exempts an Armed Forces reserve savings account from taxation unless such account has ceased to be an Armed Forces reserve savings account due to a prohibited transaction by a contributor or a person for whose benefit such account was established. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a deduction to members of the Armed Forces reserves for contributions to savings accounts which may be used when the members are called to active duty."} | 2,889 | 214 | 0.560712 | 1.464827 | 0.834283 | 3.32 | 14.982857 | 0.92 |
SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM.
(a) Establishment.--If the Secretary of Commerce determines, on the
basis of comments submitted in rulemaking under section 2, that--
(1) interest among manufacturers is sufficient to warrant
the establishment of a 3-year toll free number pilot program,
and
(2) manufacturers will provide fees under section 2(c) so
that the program will operate without cost to the Federal
Government,
the Secretary shall establish such program solely to help inform
consumers whether a product is made in America or the equivalent
thereof. The Secretary shall publish the toll-free number by notice in
the Federal Register.
(b) Contract.--The Secretary of Commerce shall enter into a
contract for--
(1) the establishment and operation of the toll free number
pilot program provided for in subsection (a), and
(2) the registration of products pursuant to regulations
issued under section 2,
which shall be funded entirely from fees collected under section 2(c).
(c) Use.--The toll free number shall be used solely to inform
consumers as to whether products are registered under section 2 as made
in America or the equivalent thereof. Consumers shall also be informed
that registration of a product does not mean--
(1) that the product is endorsed or approved by the
Government,
(2) that the Secretary has conducted any investigation to
confirm that the product is a product which meets the
definition of made in America or the equivalent thereof, or
(3) that the product contains 100 percent United States
content.
SEC. 2. REGISTRATION.
(a) Proposed Regulation.--The Secretary of Commerce shall propose a
regulation--
(1) to establish a procedure under which the manufacturer
of a product may voluntarily register such product as complying
with the definition of a product made in America or the
equivalent thereof and have such product included in the
information available through the toll free number established
under section 1(a);
(2) to establish, assess, and collect a fee to cover all
the costs (including start-up costs) of registering products
and including registered products in information provided under
the toll-free number;
(3) for the establishment under section 1(a) of the toll-
free number pilot program; and
(4) to solicit views from the private sector concerning the
level of interest of manufacturers in registering products
under the terms and conditions of paragraph (1).
(b) Promulgation.--If the Secretary determines based on the
comments on the regulation proposed under subsection (a) that the toll-
free number pilot program and the registration of products is
warranted, the Secretary shall promulgate such regulations.
(c) Registration Fee.--
(1) In general.--Manufacturers of products included in
information provided under section 1 shall be subject to a fee
imposed by the Secretary of Commerce to pay the cost of
registering products and including them in information provided
under subsection (a).
(2) Amount.--The amount of fees imposed under paragraph (1)
shall--
(A) in the case of a manufacturer, not be greater
than the cost of registering the manufacturer's product
and providing product information directly attributable
to such manufacturer, and
(B) in the case of the total amount of fees, not be
greater than the total amount appropriated to the
Secretary of Commerce for salaries and expenses
directly attributable to registration of manufacturers
and having products included in the information
provided under section 1(a).
(3) Crediting and availability of fees.--
(A) In general.--Fees collected for a fiscal year
pursuant to paragraph (1) shall be credited to the
appropriation account for salaries and expenses of the
Secretary of Commerce and shall be available in
accordance with appropriation Acts until expended
without fiscal year limitation.
(B) Collections and appropriation acts.--The fees
imposed under paragraph (1)--
(i) shall be collected in each fiscal year
in an amount equal to the amount specified in
appropriation Acts for such fiscal year, and
(ii) shall only be collected and available
for the costs described in paragraph (2).
SEC. 3. PENALTY.
Any manufacturer of a product who knowingly registers a product
under section 2 which is not made in America or the equivalent
thereof--
(1) shall be subject to a civil penalty of not more than
$7500 which the Secretary of Commerce may assess and collect,
and
(2) shall not offer such product for purchase by the
Federal Government.
SEC. 4. DEFINITION.
For purposes of this Act:
(1) The term ``made in America or the equivalent thereof'',
with respect to a product, has the meaning given such term for
purposes of laws administered by the Federal Trade Commission.
(2) The term ``product'' means a product with a retail
value of at least $250.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or in any regulation promulgated under section
2 shall be construed to alter, amend, modify, or otherwise affect in
any way, the Federal Trade Commission Act or the opinions, decisions,
rules, or any guidance issued by the Federal Trade Commission regarding
the use of the term ``made in America or the equivalent thereof'' in
labels on products introduced, delivered for introduction, sold,
advertised, or offered for sale in commerce.
Passed the House of Representatives September 4, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Directs the Secretary of Commerce, on determining sufficient manufacturer interest, to contract for the establishment of a three-year toll-free number pilot program, funded entirely by manufacturers, to inform consumers whether a product is made in America or the equivalent. Provides for voluntary product registration by manufacturers and collection from manufacturers of fees sufficient to cover registration costs. Imposes penalties for knowingly registering a product that is not American made. | {"src": "billsum_train", "title": "To establish a toll free number in the Department of Commerce to assist consumers in determining if products are American-made."} | 1,160 | 92 | 0.601296 | 1.650007 | 1.070578 | 2.841463 | 13.719512 | 0.865854 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Health for Future
Generations Act of 2007''.
SEC. 2. INCREASE IN HSA CONTRIBUTION LIMITATION.
(a) In General.--Subsection (b) of section 223 of the Internal
Revenue Code of 1986 (relating to monthly limitation) is amended--
(1) by striking ``$2,250'' in paragraph (2)(A) and
inserting ``the amount in effect under subsection
(c)(2)(A)(ii)(I)'', and
(2) by striking ``$4,500'' in paragraph (2)(B) and
inserting ``the amount in effect under subsection
(c)(2)(A)(ii)(II)''.
(b) Conforming Amendment.--Paragraph (1) of section 223(g) of such
Code is amended by striking ``subsections (b)(2)'' and inserting
``subsection''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions in taxable years beginning after December 31,
2007.
SEC. 3. MEDICARE AND VA HEALTHCARE ENROLLEES ELIGIBLE TO CONTRIBUTE TO
HSA.
(a) In General.--(1) Subsection (b) of section 223 of the Internal
Revenue Code of 1986 is amended by striking paragraph (7).
(2) Subsection (c) of section 223 of such Code (relating to
definitions and special rules) is amended by adding at the end to
following new paragraph:
``(6) Special rule for individuals entitled to benefits
under medicare or enrolled for health benefits from va.--In the
case of an individual--
``(A)(i) who is entitled to benefits under title
XVIII of the Social Security Act, and
``(ii) with respect to whom a health savings
account is established in a month before the first
month such individual is entitled to such benefits, or
``(B)(i) who is enrolled in the patient enrollment
system established by the Secretary of Veterans Affairs
pursuant to section 1705 of title 38, United States
Code, and
``(ii) with respect to whom a health savings
account is established in a month before the first
month such individual is enrolled in such system,
such individual shall be deemed to be an eligible
individual.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 4. EXPANDING ADDITIONAL CONTRIBUTIONS LIMITATION.
(a) In General.--
(1) Age limitation.--Subparagraph (A) of section 223(b)(3)
of the Internal Revenue Code of 1986 (relating to additional
contributions for individuals 55 or older) is amended by
striking ``age 55'' and inserting ``age 50''.
(2) Contribution limitation.--The table contained in
section 223(b)(3) of such Code is amended--
(A) by striking ``$900'' and inserting ``$2,000'',
and
(B) by striking ``$1,000'' and inserting
``$2,000''.
(3) Conforming amendment.--Paragraph (3) of section 223(b)
of such Code is amended in the heading by striking ``55'' and
inserting ``50''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007.
SEC. 5. ELIGIBILITY TO CONTRIBUTE TO HSA.
(a) Individuals Eligible for Reimbursement Under Spouse's Flexible
Spending Arrangement.--Section 223(c)(1) of the Internal Revenue Code
of 1986 (defining eligible individual) is amended by adding at the end
the following new subparagraph:
``(C) Special rule for certain flexible spending
arrangements.--For purposes of subparagraph (A)(ii), an
individual shall not be treated as covered under a
health plan described in such subparagraph merely
because the individual is covered under a flexible
spending arrangement (within the meaning of section
106(c)(2)) which is maintained by an employer of the
spouse of the individual, but only if--
``(i) the employer is not also the employer
of the individual, and
``(ii) the individual certifies to the
employer and to the Secretary (in such form and
manner as the Secretary may prescribe) that the
individual and the individual's spouse will not
accept reimbursement under the arrangement for
any expenses for medical care provided to the
individual.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 6. PERMITTING MEDICARE SUPPLEMENTAL POLICY AS QUALIFIED MEDICAL
EXPENSE.
(a) In General.--Clause (iv) of section 223(d)(2)(C) of the
Internal Revenue Code of 1986 (relating to qualified medical expenses)
is amended by striking ``other than a medicare supplemental policy''
and all that follows through ``Social Security Act)''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007.
SEC. 7. DEDUCTION OF PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS.
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction for the taxable year the aggregate amount
paid by the taxpayer as premiums under a high deductible health plan
with respect to months during such year for which such individual is an
eligible individual with respect to such health plan.
``(b) Definitions.--For purposes of this section--
``(1) Eligible individual.--The term `eligible individual'
means an individual who--
``(A) is described in section 223(c)(1), and
``(B) is the taxpayer or the taxpayer's spouse and
dependents.
``(2) High deductible health plan.--The term `high
deductible health plan' has the meaning given such term by
section 223(c)(2).
``(c) Special Rules.--
``(1) Deduction limits.--
``(A) Deduction allowable for only 1 plan.--For
purposes of this section, in the case of an individual
covered by more than 1 high deductible health plan for
any month, the individual may only take into account
amounts paid for such month for the plan with the
lowest premium .
``(B) Plans covering ineligible individuals.--If 2
or more individuals are covered by a high deductible
health plan for any month but only 1 of such
individuals is an eligible individual for such month,
only 50 percent of the aggregate amount paid by such
eligible individual as premiums under the plan with
respect to such month shall be taken into account for
purposes of this section.
``(2) Group health plan coverage.--
``(A) In general.--No deduction shall be allowed
for an individual under subsection (a) for any amount
paid for coverage under a high deductible health plan
for a month if that individual participates in any
coverage under a group health plan (within the meaning
of section 5000 without regard to section 5000(d)). For
purposes of the preceding sentence, an arrangement
which constitutes individual health insurance shall not
be treated as a group health plan if such arrangement
is a high deductible health plan (as defined in section
223(c)(2)), or is a payment by an employer or employee
organization with respect to such high deductible
health plan , notwithstanding that an employer or
employee organization negotiates the cost or benefits
of such arrangement.
``(B) Exception for plans only providing
contributions to health savings accounts.--Subparagraph
(A) shall not apply to an individual if the
individual's only coverage under a group health plan
for a month consists of contributions by an employer to
a health savings account with respect to which the
individual is the account beneficiary.
``(C) Exception for certain permitted coverage.--
Subparagraph (A) shall not apply to an individual if
the individual's only coverage under a group health
plan for a month is coverage described in clause (i) or
(ii) of section 223(c)(1)(B).
``(3) Medical and health savings accounts.--Subsection (a)
shall not apply with respect to any amount which is paid or
distributed out of an Archer MSA or a health savings account
which is not included in gross income under section 220(f) or
223(f), as the case may be.
``(4) Coordination with deduction for health insurance of
self-employed individuals.--Any amount taken into account by
the taxpayer in computing the deduction under section 162(l)
shall not be taken into account under this section.
``(5) Coordination with medical expense deduction.--Any
amount taken into account by the taxpayer in computing the
deduction under this section shall not be taken into account
under section 213.''.
(b) Deduction Allowed Whether or Not Individual Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting before the last sentence at the end the following new
paragraph:
``(22) Premiums for high deductible health plans.--The
deduction allowed by section 224.''.
(c) Coordination With Section 35 Health Insurance Costs Credit.--
Section 35(g)(2) of such Code (relating to coordination with other
deductions) is amended by striking ``or 213'' and inserting ``, 213, or
224''.
(d) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by redesignating the
item relating to section 224 as an item relating to section 225 and by
inserting before such item the following new item:
``Sec. 224. Premiums for high deductible health plans.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 8. MODIFYING SAFE HARBOR RULES FOR DEDUCTIBLES FOR HIGH DEDUCTIBLE
HEALTH PLANS.
(a) In General.--
(1) Deductible for prescribed drugs.--Subparagraph (C) of
section 223(c)(2) of the Internal Revenue Code of 1986
(defining high deductible health plan) is amended by striking
``a deductible for preventative care'' and all that follows and
inserting the following: ``a deductible for--
``(i) preventive care (within the meaning
of section 1861 of the Social Security Act,
except as otherwise provided by the Secretary),
or
``(ii) a prescribed drug (as defined in
section 213).''.
(2) Individual deductible limit for family plans.--Section
223(c)(2) of such Code is amended by adding at the end the
following new subparagraph:
``(E) Special rule for family coverage.--A health
plan providing family coverage shall not fail to meet
the requirements of subparagraph (A)(i)(II) merely
because the plan elects to provide both--
``(i) an aggregate annual deductible limit
for all individuals covered by the plan which
is not less than the amount in effect under
subparagraph (A)(i)(II), and
``(ii) an annual deductible limit for each
individual covered by the plan which is not
less than the amount in effect under
subparagraph (A)(i)(I).''.
(3) Conforming amendment.--Subparagraph (C) of section
223(c)(2) of such Code is amended in the heading by inserting
``or prescribed drug'' after ``preventive care''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 9. MSA PLAN DEDUCTIBLE EXCEPTION FOR PREVENTIVE CARE.
(a) In General.--Paragraph (3) of section 1859(b) of the Social
Security Act (42 U.S.C. 1359w-28(b)) is amended by adding at the end
the following new subparagraph:
``(C) Exception for absence of preventive care
deductible.--A plan shall not fail to be treated as a
MSA plan by reason of failing to have a deductible for
preventive care (within the meaning of such term as
applied for purposes of section 223(c)(2)(C) of the
Internal Revenue Code of 1986).''.
(b) Effective Date.--The amendment made by this section shall take
effect on January 1, 2008.
SEC. 10. PERMITTING INDIVIDUAL CONTRIBUTIONS TO MEDICARE ADVANTAGE MSA.
(a) In General.--Paragraph (2) of section 138(b) of the Internal
Revenue Code of 1986 (defining Medicare Advantage MSA) is amended by
striking ``or'' at the end of subparagraph (A), by inserting ``or'' at
the end of subparagraph (B), and by adding at the end the following new
subparagraph:
``(C) any contributions by or for the benefit of
the account holder (other than a contribution described
in subparagraph (A)) for the taxable year, the sum of
which do not exceed the difference of--
``(i) the amount of the annual deductible
(described in section 1859(b)(3)(B) of the
Social Security Act) for the MSA plan in which
the individual is enrolled, over
``(ii) the amount of contributions
described in subparagraph (A) for the taxable
year,''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007.
SEC. 11. ALLOWING MSA AND HSA ROLLOVER TO ADULT CHILD OF ACCOUNT
HOLDER.
(a) MSAs.--(1) Subparagraph (A) of section 220(f)(8) of the
Internal Revenue Code of 1986 (relating to treatment after death of
account holder) is amended--
(A) by inserting ``or adult child'' after ``surviving
spouse'',
(B) by inserting ``or adult child, as the case may be,''
after ``the spouse'', and
(C) by inserting ``or adult child'' after ``spouse'' in the
heading thereof.
(2) Paragraph (8) of section 220(f) of such Code is amended by
adding at the end the following new subparagraph:
``(C) Adult child.--For purposes of this paragraph,
the term `adult child' means an individual--
``(i) who is a child of the deceased
individual, and
``(ii) with respect to whom a deduction
under section 151 would not be allowable to
another taxpayer for a taxable year beginning
in the calendar year in which such individual's
taxable year begins.''.
(b) HSAs.--(1) Subparagraph (A) of section 223(f)(8) of such Code
(relating to treatment after death of account beneficiary) is amended--
(A) by inserting ``or adult child'' after ``surviving
spouse'',
(B) by inserting ``or adult child, as the case may be,''
after ``the spouse'', and
(C) by inserting ``or adult child'' after ``spouse'' in the
heading thereof.
(2) Paragraph (8) of section 223(f) of such Code is amended by
adding at the end the following new subparagraph:
``(C) Adult child.--For purposes of this paragraph,
the term `adult child' has the meaning given to such
term by section 220(f)(8)(C).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 12. PERMITTING MEDICARE ADVANTAGE MSA FUNDS TO BE USED FOR
WELLNESS AND FITNESS PROGRAMS.
(a) In General.--Paragraph (1) of section 138(c) of the Internal
Revenue Code of 1986 (relating to special rules for distributions) is
amended by striking ``and'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``, and'', and
by adding at the end the following new subparagraph:
``(C) qualified medical expenses shall include
amounts paid to a gym for enrollment in a wellness or
fitness program.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007. | Promoting Health for Future Generations Act of 2007 - Amends the Internal Revenue Code to: (1) increase the tax deduction for contributions to health savings accounts (HSAs); (2) allow Medicare and veterans health care beneficiaries to establish and contribute to HSAs; (3) allow individuals age 50 or older (currently, age 55 or older) to make additional HSA contributions and to increase the allowable amount of such contributions; (4) treat Medicare supplemental insurance premiums as a tax deductible medical expense; (5) allow a new tax deduction for high deductible health plan premiums; (6) allow individual contributions to a Medicare Advantage medical savings account (MSA); (7) allow adult children of holders of HSAs and MSAs to inherit such accounts; and (8) allow MSA funds to be used for wellness and fitness programs.
Amends title XVIII (Medicare) of the Social Security Act to allow MSAs to provide preventive care without requiring a deductible for expenses related to such care. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the rules with respect to health savings accounts and medical savings accounts, and for other purposes."} | 3,902 | 217 | 0.472448 | 1.265402 | 0.712799 | 1.984293 | 17.272251 | 0.811518 |
SECTION 1. AUTHORIZATION OF APPROPRIATIONS.
(a) Merit Systems Protection Board.--Section 8(a)(1) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ``1998, 1999, 2000, 2001 and 2002'' and inserting ``2003,
2004, 2005, 2006, and 2007''.
(b) Office of Special Counsel.--Section 8(a)(2) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ``1993, 1994, 1995, 1996, and 1997,'' and inserting ``2003,
2004, 2005, 2006, and 2007''.
(c) Effective Date.--This section shall take effect on October 1,
2002.
SEC. 2. DISCLOSURE OF VIOLATIONS OF LAW; RETURN OF DOCUMENTS.
Section 1213(g) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking the last sentence; and
(2) by striking paragraph (3) and inserting the following:
``(3) If the Special Counsel does not transmit the
information to the head of the agency under paragraph (2), the
Special Counsel shall inform the individual of--
``(A) the reasons why the disclosure may not be
further acted on under this chapter; and
``(B) other offices available for receiving
disclosures, should the individual wish to pursue the
matter further.''.
SEC. 3. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL
EMPLOYEES.
(a) Clarification of Disclosures Covered.--Section 2302(b)(8) of
title 5, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties that the
employee or applicant reasonably believes is evidence
of''; and
(B) in clause (i) by striking ``a violation'' and
inserting ``any violation'';
(2) in subparagraph (B)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction of time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties to the
Special Counsel, or to the Inspector General of an
agency or another employee designated by the head of
the agency to receive such disclosures, of information
that the employee or applicant reasonably believes is
evidence of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation''; and
(3) by adding at the end the following:
``(C) a disclosure that--
``(i) is made by an employee or applicant
of information required by law or Executive
order to be kept secret in the interest of
national defense or the conduct of foreign
affairs that the employee or applicant
reasonably believes is evidence of--
``(I) any violation of any law,
rule, or regulation;
``(II) gross mismanagement, a gross
waste of funds, an abuse of authority,
or a substantial and specific danger to
public health or safety; or
``(III) a false statement to
Congress on an issue of material fact;
and
``(ii) is made to--
``(I) a member of a committee of
Congress having a primary
responsibility for oversight of a
department, agency, or element of the
Federal Government to which the
disclosed information relates;
``(II) any other Member of Congress
who is authorized to receive
information of the type disclosed; or
``(III) an employee of the
executive branch or Congress who has
the appropriate security clearance for
access to the information disclosed.''.
(b) Covered Disclosures.--Section 2302(b) of title 5, United States
Code, is amended--
(1) in the matter following paragraph (12), by striking
``This subsection'' and inserting the following: ``This
subsection''; and
(2) by adding at the end the following: ``In this
subsection, the term `disclosure' means a formal or informal
communication or transmission.''.
(c) Rebuttable Presumption.--Section 2308(b) of title 5, United
States Code, is amended by adding after the matter following paragraph
(12) (as amended by subsection (b) of this section) the following:
``For purposes of paragraph (8), any presumption relating to the
performance of a duty by an employee may be rebutted by substantial
evidence.''.
(d) Nondisclosure Policies, Forms, and Agreements.--
(1) Personnel action.--Section 2302(a)(2)(A) of title 5,
United States Code, is amended--
(A) in clause (x), by striking ``and'' after the
semicolon; and
(B) by redesignating clause (xi) as clause (xii)
and inserting after clause (x) the following:
``(xi) the implementation or enforcement of
any nondisclosure policy, form, or agreement;
and''.
(e) Authority of Special Counsel Relating to Civil Actions.--
(1) Representation of special counsel.--Section 1212 of
title 5, United States Code, is amended by adding at the end
the following:
``(h) Except as provided in section 518 of title 28, relating to
litigation before the Supreme Court, attorneys designated by the
Special Counsel may appear for the Special Counsel and represent the
Special Counsel in any civil action brought in connection with section
2302(b)(8) or subchapter III of chapter 73, or as otherwise authorized
by law.''.
(2) Judicial review of merit systems protection board
decisions.--Section 7703 of title 5, United States Code, is
amended by adding at the end the following:
``(e) The Special Counsel may obtain review of any final order or
decision of the Board by filing a petition for judicial review in the
United States Courts of Appeals for the Federal Circuit if the Special
Counsel determines, in the discretion of the Special Counsel, that the
Board erred in deciding a case arising under section 2302(b)(8) or
subchapter III of chapter 73 and that the Board's decision will have a
substantial impact on the enforcement of section 2302(b)(8) or
subchapter III of chapter 73. If the Special Counsel was not a party or
did not intervene in a matter before the Board, the Special Counsel may
not petition for review of a Board decision under this section unless
the Special Counsel first petitions the Board for reconsideration of
its decision, and such petition is denied. In addition to the named
respondent, the Board and all other parties to the proceedings before
the Board shall have the right to appear in the proceedings before the
Court of Appeals. The granting of the petition for judicial review
shall be at the discretion of the Court of Appeals.''.
SEC. 4. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS.
(a) In General.--Each agreement in Standard Forms 312 and 4414 of
the Government and any other nondisclosure policy, form, or agreement
shall contain the following statement: ``These restrictions are
consistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by Executive
Order No. 12958; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code
(governing disclosure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code (governing disclosures of
illegality, waste, fraud, abuse or public health or safety threats);
the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et
seq.) (governing disclosures that could expose confidential Government
agents); and the statutes which protect against disclosure that may
compromise the national security, including sections 641, 793, 794,
798, and 952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by such Executive order and such statutory provisions are incorporated
into this agreement and are controlling.'' Any nondisclosure policy,
form, or agreement that does not contain the above statement may not be
implemented or enforced to the extent that it conflicts with language
in the above statement.
(b) Persons Other Than Federal Employees.--Notwithstanding
subsection (a), a nondisclosure policy, form, or agreement that is to
be executed by a person connected with the conduct of an intelligence
or intelligence-related activity, other than an employee or officer of
the United States Government, may contain provisions appropriate to the
particular activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not
disclose any classified information received in the course of such
activity unless specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear that such
forms do not bar disclosures to Congress or to an authorized official
of an executive agency or the Department of Justice that are essential
to reporting a substantial violation of law. | Reauthorizes appropriations under the Whistleblower Protection Act of 1989 for the Merit Systems Protection Board and the Office of Special Counsel.Repeals the requirement under Federal civil service provisions that the Special Counsel return any documents and other matter provided by the individual who made the disclosure.Includes as a protected disclosure by a Federal employee any lawful disclosure that an employee or applicant reasonably believes is credible evidence of waste, fraud, abuse, or gross mismanagement. Covers any disclosure of information without restriction to time, place, form, motive, or context, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of any employee's duties, that the employee or applicant reasonably believes is evidence of any violation of any law, rule, or regulation, or other specified misconduct.Allows a presumption relating to the performance of a duty by an employee to be rebutted by substantial evidence.Permits representation by attorneys for the Office of the Special Counsel in civil actions brought in connection with such disclosures of information or provisions relating to political activities. Allows the Special Counsel to obtain judicial review of any final order or decision of the Merit Systems Protection Board with respect to a case concerning such a disclosure or provision.Requires each non-disclosure policy, form, or agreement to contain a statement that the restrictions are consistent with and do not supersede specified employee obligations, rights, or liabilities. | {"src": "billsum_train", "title": "A bill to authorize appropriations for the Merit Systems Protection Board and the Office of Special Counsel, to provide for the protection of certain disclosures of information by Federal employees, and for other purposes."} | 2,157 | 320 | 0.521044 | 1.603765 | 0.791647 | 3.657993 | 7.286245 | 0.914498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help End Assault Rifle Tragedies
(HEART) Act of 2016''.
SEC. 2. PROHIBITION ON THE TRANSFER, LOAN, OR OTHER DISPOSITION OF A
MACHINEGUN OR SEMIAUTOMATIC ASSAULT WEAPON TO AN
INDIVIDUAL UNDER AGE 16.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa) It shall be unlawful for any person, in or affecting
interstate or foreign commerce, to transfer, loan, or otherwise dispose
of a machinegun or semiautomatic assault weapon to an individual,
knowing or having reasonable cause to believe that the individual has
not attained 16 years of age, including the temporary transfer of a
machine gun or semiautomatic assault weapon to such individual for use
in target shooting or on a firing or shooting range or for any other
purpose.''.
(b) Semiautomatic Assault Weapon Defined.--Section 921(a) of title
18, United States Code, is amended by inserting after paragraph (29)
the following:
``(30) The term `semiautomatic assault weapon' means any of the
following, regardless of country of manufacture or caliber of
ammunition accepted:
``(A) A semiautomatic rifle that has the capacity to accept
a detachable magazine and any one of the following:
``(i) A pistol grip.
``(ii) A forward grip.
``(iii) A folding, telescoping, or detachable
stock.
``(iv) A grenade launcher or rocket launcher.
``(v) A barrel shroud.
``(vi) A threaded barrel.
``(B) A semiautomatic rifle that has a fixed magazine with
the capacity to accept more than 10 rounds, except for an
attached tubular device designed to accept, and capable of
operating only with, .22 caliber rimfire ammunition.
``(C) Any part, combination of parts, component, device,
attachment, or accessory that is designed or functions to
accelerate the rate of fire of a semiautomatic rifle but not
convert the semiautomatic rifle into a machinegun.
``(D) A semiautomatic pistol that has the capacity to
accept a detachable magazine and any one of the following:
``(i) A threaded barrel.
``(ii) A second pistol grip.
``(iii) A barrel shroud.
``(iv) The capacity to accept a detachable magazine
at some location outside of the pistol grip.
``(v) A semiautomatic version of an automatic
firearm.
``(E) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
``(F) A semiautomatic shotgun that has any one of the
following:
``(i) A folding, telescoping, or detachable stock.
``(ii) A pistol grip.
``(iii) A fixed magazine with the capacity to
accept more than 5 rounds.
``(iv) The ability to accept a detachable magazine.
``(v) A forward grip.
``(vi) A grenade launcher or rocket launcher.
``(G) Any shotgun with a revolving cylinder.
``(H) All of the following rifles, copies, duplicates,
variants, or altered facsimiles with the capability of any such
weapon thereof:
``(i) All AK types, including the following:
``(I) AK, AK47, AK47S, AK-74, AKM, AKS,
ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms
LAR-47, SA85, SA93, Vector Arms AK-47, VEPR,
WASR-10, and WUM.
``(II) IZHMASH Saiga AK.
``(III) MAADI AK47 and ARM.
``(IV) Norinco 56S, 56S2, 84S, and 86S.
``(V) Poly Technologies AK47 and AKS.
``(ii) All AR types, including the following:
``(I) AR-10.
``(II) AR-15.
``(III) Armalite M15 22LR Carbine.
``(IV) Armalite M15-T.
``(V) Barrett REC7.
``(VI) Beretta AR-70.
``(VII) Bushmaster ACR.
``(VIII) Bushmaster Carbon 15.
``(IX) Bushmaster MOE series.
``(X) Bushmaster XM15.
``(XI) Colt Match Target Rifles.
``(XII) DoubleStar AR rifles.
``(XIII) DPMS Tactical Rifles.
``(XIV) Heckler & Koch MR556.
``(XV) Olympic Arms.
``(XVI) Remington R-15 rifles.
``(XVII) Rock River Arms LAR-15.
``(XVIII) Sig Sauer SIG516 rifles.
``(XIX) Sig Sauer MCX.
``(XX) Smith & Wesson M&P15 Rifles.
``(XXI) Stag Arms AR rifles.
``(XXII) Sturm, Ruger & Co. SR556 rifles.
``(iii) Barrett M107A1.
``(iv) Barrett M82A1.
``(v) Beretta CX4 Storm.
``(vi) Calico Liberty Series.
``(vii) CETME Sporter.
``(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
AR 110C.
``(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
``(x) Feather Industries AT-9.
``(xi) Galil Model AR and Model ARM.
``(xii) Hi-Point Carbine.
``(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
``(xiv) Kel-Tec Sub-2000, SU-16, and RFB.
``(xv) SIG AMT, SIG PE-57, Sig Sauer SG 550, and
Sig Sauer SG 551.
``(xvi) Springfield Armory SAR-48.
``(xvii) Steyr AUG.
``(xviii) Sturm, Ruger Mini-14 Tactical Rife M-14/
20CF.
``(xix) All Thompson rifles, including the
following:
``(I) Thompson M1SB.
``(II) Thompson T1100D.
``(III) Thompson T150D.
``(IV) Thompson T1B.
``(V) Thompson T1B100D.
``(VI) Thompson T1B50D.
``(VII) Thompson T1BSB.
``(VIII) Thompson T1-C.
``(IX) Thompson T1D.
``(X) Thompson T1SB.
``(XI) Thompson T5.
``(XII) Thompson T5100D.
``(XIII) Thompson TM1.
``(XIV) Thompson TM1C.
``(xx) UMAREX UZI Rifle.
``(xxi) UZI Mini Carbine, UZI Model A Carbine, and
UZI Model B Carbine.
``(xxii) Valmet M62S, M71S, and M78.
``(xxiii) Vector Arms UZI Type.
``(xxiv) Weaver Arms Nighthawk.
``(xxv) Wilkinson Arms Linda Carbine.
``(I) All of the following pistols, copies, duplicates,
variants, or altered facsimiles with the capability of any such
weapon thereof:
``(i) All AK-47 types, including the following:
``(I) Centurion 39 AK pistol.
``(II) Draco AK-47 pistol.
``(III) HCR AK-47 pistol.
``(IV) IO Inc. Hellpup AK-47 pistol.
``(V) Krinkov pistol.
``(VI) Mini Draco AK-47 pistol.
``(VII) Yugo Krebs Krink pistol.
``(ii) All AR-15 types, including the following:
``(I) American Spirit AR-15 pistol.
``(II) Bushmaster Carbon 15 pistol.
``(III) DoubleStar Corporation AR pistol.
``(IV) DPMS AR-15 pistol.
``(V) Olympic Arms AR-15 pistol.
``(VI) Rock River Arms LAR 15 pistol.
``(iii) Calico Liberty pistols.
``(iv) DSA SA58 PKP FAL pistol.
``(v) Encom MP-9 and MP-45.
``(vi) Heckler & Koch model SP-89 pistol.
``(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
TEC-DC9.
``(viii) Kel-Tec PLR 16 pistol.
``(ix) The following MAC types:
``(I) MAC-10.
``(II) MAC-11.
``(III) Masterpiece Arms MPA A930 Mini
Pistol, MPA460 Pistol, MPA Tactical Pistol, and
MPA Mini Tactical Pistol.
``(IV) Military Armament Corp. Ingram M-11.
``(V) Velocity Arms VMAC.
``(x) Sig Sauer P556 pistol.
``(xi) Sites Spectre.
``(xii) All Thompson types, including the
following:
``(I) Thompson TA510D.
``(II) Thompson TA5.
``(xiii) All UZI types, including Micro-UZI.
``(J) All of the following shotguns, copies, duplicates,
variants, or altered facsimiles with the capability of any such
weapon thereof:
``(i) Franchi LAW-12 and SPAS 12.
``(ii) All IZHMASH Saiga 12 types, including the
following:
``(I) IZHMASH Saiga 12.
``(II) IZHMASH Saiga 12S.
``(III) IZHMASH Saiga 12S EXP-01.
``(IV) IZHMASH Saiga 12K.
``(V) IZHMASH Saiga 12K-030.
``(VI) IZHMASH Saiga 12K-040 Taktika.
``(iii) Streetsweeper.
``(iv) Striker 12.
``(K) All belt-fed semiautomatic firearms, including TNW
M2HB.
``(L) Any combination of parts from which a firearm
described in subparagraphs (A) through (K) can be assembled.
``(M) The frame or receiver of a rifle or shotgun described
in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K).''.
(c) Penalties.--Section 924(a)(2) of title 18, United States Code,
is amended by striking ``or (o)'' and inserting ``(o), or (aa)''.
(d) Effective Date.--The amendments made by this section shall
apply to conduct engaged in after the date that is 180 days after the
date of enactment of this Act. | Help End Assault Rifle Tragedies (HEART) Act of 2016 This bill amends the federal criminal code to make it a crime to knowingly transfer, loan, or dispose of a machinegun or semiautomatic assault weapon to an individual who is known or reasonably believed to be less than 16 years of age. It defines the term "semiautomatic assault weapon." A violator is subject to a fine, up to 10 years in prison, or both. | {"src": "billsum_train", "title": "Help End Assault Rifle Tragedies (HEART) Act of 2016"} | 2,819 | 111 | 0.536825 | 1.404883 | 0.341372 | 2.821429 | 26.702381 | 0.72619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IRS Accountability Act of 2015''.
SEC. 2. REMOVAL OF SENIOR EXECUTIVES OF THE INTERNAL REVENUE SERVICE
FOR PERFORMANCE OR MISCONDUCT.
(a) In General.--Section 1203 of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by adding at the end the following new subsection:
``(f) Removal of Senior Executives Based on Performance or
Misconduct.--
``(1) Removal or transfer.--
``(A) In general.--The Commissioner of Internal
Revenue (referred to in this subsection as the
`Commissioner') may remove an individual employed in a
senior executive position at the Internal Revenue
Service from the senior executive position if the
Commissioner determines the performance or misconduct
of the individual warrants such removal. If the
Commissioner so removes such an individual, the
Commissioner may--
``(i) remove the individual from the civil
service (as defined in section 2101 of title 5,
United States Code); or
``(ii) in the case of an individual
described in subparagraph (B), transfer the
individual from the senior executive position
to a General Schedule position at any grade of
the General Schedule for which the individual
is qualified and that the Commissioner
determines is appropriate.
``(B) Individuals eligible for transfer.--An
individual described in this subparagraph is an
individual who--
``(i) previously occupied a permanent
position within the competitive service (as
that term is defined in section 2102 of title
5, United States Code);
``(ii) previously occupied a permanent
position within the excepted service (as that
term is defined in section 2103 of title 5,
United States Code); or
``(iii) prior to employment in a senior
executive position at the Internal Revenue
Service, did not occupy any position within the
Federal Government.
``(2) Pay of transferred individuals.--
``(A) In general.--Notwithstanding any other
provision of law, including the requirements of section
3594 of title 5, United States Code, any individual
transferred to a General Schedule position under
paragraph (1)(A)(ii) shall, beginning on the date of
such transfer, receive the annual rate of pay
applicable to such position.
``(B) Paid leave during appeal.--An individual so
transferred may not be placed on administrative leave
or any other category of paid leave during the period
during which an appeal (if any) under this section is
ongoing, and may only receive pay if the individual
reports for duty. If an individual so transferred does
not report for duty, such individual shall not receive
pay or other benefits pursuant to paragraph (5)(E).
``(3) Notice to congress.--Not later than 30 days after
removing or transferring an individual from a senior executive
position under paragraph (1), the Commissioner shall submit
written notice of such removal or transfer and the reason for
such removal or transfer to--
``(A) the Committee on Finance of the Senate;
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(C) the Committee on Ways and Means of the House
of Representatives; and
``(D) the Committee on Oversight and Government
Reform of the House of Representatives.
``(4) Procedure.--
``(A) In general.--The procedures under section
7543(b) of title 5, United States Code, shall not apply
to a removal or transfer under this section.
``(B) Appeal to merit system protection board.--
``(i) In general.--Subject to clause (ii)
and paragraph (5), any removal or transfer
under paragraph (1) may be appealed to the
Merit Systems Protection Board under section
7701 of title 5, United States Code.
``(ii) Deadline for appeal.--An appeal
under clause (i) of a removal or transfer may
only be made if such appeal is made not later
than seven days after the date of such removal
or transfer.
``(5) Expedited review by administrative judge.--
``(A) In general.--Upon receipt of an appeal under
paragraph (4)(B)(i), the Merit Systems Protection Board
shall refer such appeal to an administrative judge
pursuant to section 7701(b)(1) of title 5, United
States Code. The administrative judge shall expedite
any such appeal under such section and, in any such
case, shall issue a decision not later than 21 days
after the date of the appeal.
``(B) Finality of decision.--Notwithstanding any
other provision of law, including section 7703 of title
5, United States Code, the decision of an
administrative judge under subparagraph (A) shall be
final and shall not be subject to any further appeal.
``(C) Failure to reach decision.--In any case in
which the administrative judge cannot issue a decision
in accordance with the 21-day requirement under
subparagraph (A), the removal or transfer is final. In
such a case, the Merit Systems Protection Board shall,
within 14 days after the date that such removal or
transfer is final, submit to Congress and the
Committees described in paragraph (3) a report that
explains the reasons why a decision was not issued in
accordance with such requirement.
``(D) Prohibition on stay of removal or transfer.--
The Merit Systems Protection Board or administrative
judge may not stay any removal or transfer under this
subsection.
``(E) Period of review.--During the period
beginning on the date on which an individual appeals a
removal from the civil service under paragraph (4) and
ending on the date that the administrative judge issues
a final decision on such appeal, such individual may
not receive any pay, awards, bonuses, incentives,
allowances, differentials, student loan repayments,
special payments, or benefits.
``(F) Relevant information to be provided.--To the
maximum extent practicable, the Commissioner shall
provide to the Merit Systems Protection Board, and to
any administrative judge to whom an appeal under this
section is referred, such information and assistance as
may be necessary to ensure an appeal under this
paragraph is expedited.
``(6) Relation to other provisions of law.--
``(A) In general.--The authority provided by this
subsection is in addition to, and shall not be
construed to limit or diminish, the authority provided
by--
``(i) subsections (a) and (c); and
``(ii) section 3592 or subchapter V of
chapter 75 of title 5, United States Code.
``(B) Removal from senior executive service.--
Section 3592(b)(1) of title 5, United States Code, does
not apply to an action to remove or transfer an
individual under this subsection.
``(7) Definitions.--In this subsection:
``(A) Individual.--The term `individual' means a
career appointee (as that term is defined in section
3132(a)(4) of title 5, United States Code).
``(B) Misconduct.--The term `misconduct' includes
neglect of duty, malfeasance, or failure to accept a
directed reassignment or to accompany a position in a
transfer of function.
``(C) Senior executive position.--The term `senior
executive position' means a Senior Executive Service
position (as such term is defined in section 3132(a)(2)
of title 5, United States Code).''.
(b) Conforming Amendment.--Subsection (a) of the Internal Revenue
Service Restructuring and Reform Act of 1998 is amended by striking
``subsection (c)'' and inserting ``subsections (c) and (f)''.
(c) Establishment of Expedited Review Process.--
(1) In general.--Not later than 14 days after the date of
the enactment of this Act, the Merit Systems Protection Board
shall establish and put into effect a process to conduct
expedited reviews in accordance with subsection (f) of section
1203 of the Internal Revenue Service Restructuring and Reform
Act of 1998, as added by this Act.
(2) Inapplicability of certain regulations.--Section
1201.22 of title 5, Code of Federal Regulations, as in effect
on the day before the date of the enactment of this Act, shall
not apply to expedited reviews carried out under section
1203(f) of the Internal Revenue Service Restructuring and
Reform Act of 1998.
(3) Waiver.--The Merit Systems Protection Board may waive
any other regulation in order to provide for the expedited
review required under section 1203(f) of the Internal Revenue
Service Restructuring and Reform Act of 1998.
(4) Review by merit systems protection board.--Not later
than 14 days after the date of the enactment of this Act, the
Merit Systems Protection Board shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives a report on the actions the Board
plans to take to conduct expedited reviews under section
1203(f) of the Internal Revenue Service Restructuring and
Reform Act of 1998, as added by this Act. Such report shall
include a description of the resources the Board determines
will be necessary to conduct such reviews and a description of
whether any resources will be necessary to conduct such reviews
that were not available to the Board on the day before the date
of the enactment of this Act.
(d) Temporary Exemption From Certain Limitation on Initiation of
Removal From Senior Executive Service.--During the 120-day period
beginning on the date of the enactment of this Act, an action to remove
an individual from the Senior Executive Service at the Internal Revenue
Service pursuant to section 7543 of title 5, United States Code, may be
initiated, notwithstanding section 3592(b) of such title, or any other
provision of law.
(e) Construction.--
(1) In general.--Nothing in this section or section 1203(f)
of the Internal Revenue Service Restructuring and Reform Act of
1998, as added by this Act, shall be construed to apply to an
appeal of a removal, transfer, or other personnel action that
was pending before the date of the enactment of this Act.
(2) Relation to other provisions of law.--With respect to
the removal or transfer of an individual (as that term is
defined in paragraph (7)(A) of section 1203(f) of the Internal
Revenue Service Restructuring and Reform Act of 1998) employed
at the Internal Revenue Service, the authority provided by such
section is in addition to, and shall not be construed to limit
or diminish, the authority provided by--
(A) subsections (a) and (c) of section 1203 of the
Internal Revenue Service Restructuring and Reform Act
of 1998; and
(B) section 3592 or subchapter V of chapter 75 of
title 5, United States Code. | IRS Accountability Act of 2015 This bill amends the Internal Revenue Service Restructuring and Reform Act of 1998 to allow the removal or transfer of an Internal Revenue Service (IRS) senior executive employee based on performance or misconduct. The IRS must submit written notice to certain congressional committees of the removal or transfer of an employee and the reason for such removal or transfer. The bill provides for an expedited appeal of a removal or transfer to the Merit Systems Protection Board. | {"src": "billsum_train", "title": "IRS Accountability Act of 2015"} | 2,449 | 104 | 0.487712 | 1.270087 | 0.507651 | 3.418605 | 25.860465 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multiple Punitive Damages Fairness
Act of 1995''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the term--
(1) ``claimant'' means any person who brings a civil action
and any person on whose behalf such an action is brought; if
such an 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;
(2) ``harm'' means any legally cognizable wrong or injury
for which punitive damages may be imposed;
(3) ``defendant'' means any individual, corporation,
company, association, firm, partnership, society, joint stock
company, or any other entity (including any governmental
entity);
(4) ``punitive damages'' means damages awarded against any
person or entity to punish or deter such person or entity, or
others, from engaging in similar behavior in the future;
(5) ``specific findings of fact'' means findings in written
form focusing on specific behavior of a defendant; and
(6) ``State'' means any State of the United States, the
District of Columbia, Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, Guam, American Samoa, and any
other territory or possession of the United States, or any
political subdivision thereof.
SEC. 3. MULTIPLE PUNITIVE DAMAGES FAIRNESS.
(a) Findings.--The Congress finds the following:
(1) Multiple or repetitive imposition of punitive damages
for harms arising out of a single act or course of conduct may
deprive a defendant of all the assets or insurance coverage of
the defendant, and may endanger the ability of future claimants
to receive compensation for basic out-of-pocket expenses and
damages for pain and suffering.
(2) The detrimental impact of multiple punitive damages
exists even in cases that are settled, rather than tried,
because the threat of punitive damages being awarded results in
a higher settlement than would ordinarily be obtained. To the
extent this premium exceeds what would otherwise be a fair and
reasonable settlement for compensatory damages, assets that
could be available for satisfaction of future compensatory
claims are dissipated.
(3) Fundamental unfairness results when anyone is punished
repeatedly for what is essentially the same conduct.
(4) Federal and State appellate and trial judges, and well-
respected commentators, have expressed concern that multiple
imposition of punitive damages may violate constitutionally
protected due process rights.
(5) Multiple imposition of punitive damages may be a
significant obstacle to comprehensive settlement negotiations
in repetitive litigation.
(6) Limiting the imposition of multiple punitive damages
awards would facilitate resolution of mass tort claims
involving thousands of injured claimants.
(7) Federal and State trial courts have not provided
adequate solutions to problems caused by the multiple
imposition of punitive damages because of a concern that such
courts lack the power or authority to prohibit subsequent
awards in other courts.
(8) Individual State legislatures can create only a partial
remedy to address problems caused by the multiple imposition of
punitive damages, because each State lacks the power to control
the imposition of punitive damages in other States.
(b) General Rule.--Except as provided in subsection (c), punitive
damages shall be prohibited in any civil action in any State or Federal
court in which such damages are sought against a defendant based on the
same act or course of conduct for which punitive damages have already
been sought or awarded against such defendant.
(c) Circumstances for Award.--If the court determines in a pretrial
hearing that the claimant will offer new and substantial evidence of
previously undiscovered, additional wrongful behavior on the part of
the defendant, other than the injury to the claimant, the court may
award punitive damages in accordance with subsection (d).
(d) Limitations on Award.--A court awarding punitive damages
pursuant to subsection (c) shall--
(1) make specific findings of fact on the record to support
the award;
(2) reduce the amount of the punitive portion of the damage
award by the sum of the amounts of punitive damages previously
paid by the defendant in prior actions based on the same act or
course of conduct; and
(3) prohibit disclosure to the jury of the court's
determination and action under this subsection.
(e) Applicability and Preemption.--(1) Except as provided in
paragraph (3), this section shall apply to--
(A) any civil action brought on any theory where punitive
damages are sought based on the same act or course of conduct
for which punitive damages have already been sought or awarded
against the defendant; and
(B) all civil actions in which the trial has not commenced
before the effective date of this Act.
(2) Except as provided in paragraph (3), this section shall apply
to all civil actions in which the trial has not commenced before the
effective date of this Act.
(3) This section shall not apply to any civil action involving
damages awarded under any Federal or State statute that prescribes the
precise amount of punitive damages to be awarded.
(4) This section shall not preempt or supersede any existing
Federal or State law limiting or otherwise restricting the recovery for
punitive damages to the extent that such law is inconsistent with the
provisions of this section.
SEC. 4. EFFECT ON OTHER LAW.
Nothing in this Act shall be construed to--
(1) waive or affect any defense of sovereign immunity
asserted by any State under any law;
(2) supersede any Federal law;
(3) waive or affect any defense of sovereign immunity
asserted by the United States;
(4) affect the applicability of any provision of chapter 97
of title 28, United States Code;
(5) preempt State choice-of-law rules with respect to
claims brought by a foreign nation or a citizen of a foreign
nation;
(6) affect the right of any court to transfer venue or to
apply the law of a foreign nation or to dismiss a claim of a
foreign nation or of a citizen of a foreign nation on the
ground of inconvenient forum; or
(7) create a cause of action for punitive damages. | Multiple Punitive Damages Fairness Act of 1995 - Prohibits punitive damages in any civil action in State or Federal court in which such damages are sought against a defendant based on the same act or course of conduct for which punitive damages have already been sought or awarded against such defendant.
Permits the court to award such punitive damages, subject to specified limitations, upon determining in a pretrial hearing that the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, other than the injury to the claimant. Directs a court awarding punitive damages pursuant to such provision to: (1) make specific findings of fact on the record to support the award; (2) reduce the amount of the punitive portion of the damage award by the sum of the amounts of punitive damages previously paid by the defendant in prior actions based on the same act or course of conduct; and (3) prohibit disclosure to the jury of the court's determination and action.
Makes this Act inapplicable to any civil action involving damages awarded under any Federal or State statute that prescribes the precise amount of punitive damages to be awarded. | {"src": "billsum_train", "title": "Multiple Punitive Damages Fairness Act of 1995"} | 1,380 | 258 | 0.568112 | 1.86243 | 0.980427 | 8.382883 | 5.887387 | 0.95045 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Do-Not-Call Registry Fee Extension
Act of 2007''.
SEC. 2. FEES FOR ACCESS TO REGISTRY.
Section 2, of the Do-Not-Call Implementation Act (15 U.S.C. 6101
note) is amended to read as follows:
``SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY FEES.
``(a) In General.--The Federal Trade Commission shall assess and
collect an annual fee pursuant to this section in order to implement
and enforce the `do-not-call' registry as provided for in section
310.4(b)(1)(iii) of title 16, Code of Federal Regulations, or any other
regulation issued by the Commission under section 3 of the
Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C.
6102).
``(b) Annual Fees.--
``(1) In general.--The Commission shall charge each person who
accesses the `do-not-call' registry an annual fee that is equal to
the lesser of--
``(A) $54 for each area code of data accessed from the
registry; or
``(B) $14,850 for access to every area code of data
contained in the registry.
``(2) Exception.--The Commission shall not charge a fee to any
person--
``(A) for accessing the first 5 area codes of data; or
``(B) for accessing area codes of data in the registry if
the person is permitted to access, but is not required to
access, the `do-not-call' registry under section 310 of title
16, Code of Federal Regulations, section 64.1200 of title 47,
Code of Federal Regulations, or any other Federal regulation or
law.
``(3) Duration of access.--
``(A) In general.--The Commission shall allow each person
who pays the annual fee described in paragraph (1), each person
excepted under paragraph (2) from paying the annual fee, and
each person excepted from paying an annual fee under section
310.4(b)(1)(iii)(B) of title 16, Code of Federal Regulations,
to access the area codes of data in the `do-not-call' registry
for which the person has paid during that person's annual
period.
``(B) Annual period.--In this paragraph, the term `annual
period' means the 12-month period beginning on the first day of
the month in which a person pays the fee described in paragraph
(1).
``(c) Additional Fees.--
``(1) In general.--The Commission shall charge a person
required to pay an annual fee under subsection (b) an additional
fee for each additional area code of data the person wishes to
access during that person's annual period.
``(2) Rates.--For each additional area code of data to be
accessed during the person's annual period, the Commission shall
charge--
``(A) $54 for access to such data if access to the area
code of data is first requested during the first 6 months of
the person's annual period; or
``(B) $27 for access to such data if access to the area
code of data is first requested after the first 6 months of the
person's annual period.
``(d) Adjustment of Fees.--
``(1) In general.--
``(A) Fiscal year 2009.--The dollar amount described in
subsection (b) or (c) is the amount to be charged for fiscal
year 2009.
``(B) Fiscal years after 2009.--For each fiscal year
beginning after fiscal year 2009, each dollar amount in
subsection (b)(1) and (c)(2) shall be increased by an amount
equal to--
``(i) the dollar amount in paragraph (b)(1) or (c)(2),
whichever is applicable, multiplied by
``(ii) the percentage (if any) by which the CPI for the
most recently ended 12-month period ending on June 30
exceeds the baseline CPI.
``(2) Rounding.--Any increase under subparagraph (B) shall be
rounded to the nearest dollar.
``(3) Changes less than 1 percent.--The Commission shall not
adjust the fees under this section if the change in the CPI is less
than 1 percent.
``(4) Publication.--Not later than September 1 of each year the
Commission shall publish in the Federal Register the adjustments to
the applicable fees, if any, made under this subsection.
``(5) Definitions.--In this subsection:
``(A) CPI.--The term `CPI' means the average of the monthly
consumer price index (for all urban consumers published by the
Department of Labor).
``(B) Baseline CPI.--The term `baseline CPI' means the CPI
for the 12-month period ending June 30, 2008.
``(e) Prohibition Against Fee Sharing.--No person may enter into or
participate in an arrangement (as such term is used in section 310.8(c)
of the Commission's regulations (16 C.F.R. 310.8(c))) to share any fee
required by subsection (b) or (c), including any arrangement to divide
the costs to access the registry among various clients of a
telemarketer or service provider.
``(f) Handling of Fees.--
``(1) In general.--The Commission shall deposit and credit as
offsetting collections any fee collected under this section in the
account `Federal Trade Commission--Salaries and Expenses', and such
sums shall remain available until expended.
``(2) Limitation.--No amount shall be collected as a fee under
this section for any fiscal year except to the extent provided in
advance by appropriations Acts.''.
SEC. 3. REPORT.
Section 4 of the Do-Not-Call Implementation Act (15 U.S.C. 6101
note) is amended to read as follows:
``SEC. 4. REPORTING REQUIREMENTS.
``(a) Biennial Reports.--Not later than December 31, 2009, and
biennially thereafter, the Federal Trade Commission, in consultation
with the Federal Communications Commission, shall transmit a report to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Commerce that
includes--
``(1) the number of consumers who have placed their telephone
numbers on the registry;
``(2) the number of persons paying fees for access to the
registry and the amount of such fees;
``(3) the impact on the `do-not-call' registry of--
``(A) the 5-year reregistration requirement;
``(B) new telecommunications technology; and
``(C) number portability and abandoned telephone numbers;
and
``(4) the impact of the established business relationship
exception on businesses and consumers.
``(b) Additional Report.--Not later than December 31, 2009, the
Federal Trade Commission, in consultation with the Federal
Communications Commission, shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce that includes--
``(1) the effectiveness of do-not-call outreach and enforcement
efforts with regard to senior citizens and immigrant communities;
``(2) the impact of the exceptions to the do-not-call registry
on businesses and consumers, including an analysis of the
effectiveness of the registry and consumer perceptions of the
registry's effectiveness; and
``(3) the impact of abandoned calls made by predictive dialing
devices on do-not-call enforcement.''.
SEC. 4. RULEMAKING.
The Federal Trade Commission may issue rules, in accordance with
section 553 of title 5, United States Code, as necessary and
appropriate to carry out the amendments to the Do-Not-Call
Implementation Act (15 U.S.C. 6101 note) made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Do-Not-Call Registry Fee Extension Act of 2007 - (Sec. 2) Amends the Do-Not-Call Implementation Act to replace provisions relating to fees regarding the "do-not-call" registry of the Telemarketing Sales Rule with provisions requiring the Federal Trade Commission (FTC) to collect an annual fee to implement and enforce the registry or any other regulation issued by the FTC under specified provisions of the Telemarketing and Consumer Fraud and Abuse Prevention Act.
Sets the fee amount per area code accessed, subject to a maximum amount, and indexes the amount to inflation. Prohibits any arrangement to divide the fee among various clients of a telemarketer or service provider.
(Sec. 3) Replaces current reporting requirements with provisions requiring the FTC to report biennially to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. Requires an additional, one-time FTC report to those committees on the effectiveness of do-not-call outreach and enforcement efforts to senior citizens and immigrant communities, the impact of the exceptions to the do-not-call registry on businesses and consumers, and the impact on do-not-call enforcement of abandoned calls made by predictive dialing devices. | {"src": "billsum_train", "title": "A bill to extend the authority of the Federal Trade Commission to collect Do-Not-Call Registry fees to fiscal years after fiscal year 2007."} | 1,800 | 287 | 0.605539 | 1.762417 | 0.767861 | 4.205761 | 6.82716 | 0.872428 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Housing, Awareness, and
Navigation Demonstration Services for Individuals With Autism Spectrum
Disorders Act of 2009'' or the ``Helping HANDS for Autism Act of
2009''.
TITLE I--AUTISM NAVIGATOR PROGRAM
SEC. 101. AUTISM NAVIGATOR PROGRAM.
Part R of title III of the Public Health Service Act (42 U.S.C.
280i et seq.) is amended by inserting after section 399DD the
following:
``SEC. 399DD-1. AUTISM NAVIGATOR PROGRAM.
``(a) Authorization of Grant Program.--
``(1) In general.--The Secretary, in coordination with the
Secretary of Housing and Urban Development and the Secretary of
Education, shall establish a demonstration grant program to
award grants to eligible entities to enable such entities to
develop an autism navigator program to create a more efficient,
effective, coordinated use of the health, housing, education,
and social service systems for individuals with an autism
spectrum disorder.
``(2) Eligible entity.--
``(A) In general.--In this section, the term
`eligible entity' means subject to subparagraph (B), an
entity that has--
``(i) not less than 2 years experience
serving the autism community in an advocacy or
service capacity; and
``(ii) a--
``(I) behaviorist with at least a
master's degree on staff or in a
consultation capacity who has
experience in applied behavioral
analysis;
``(II) Board Certified Behavior
Analyst on staff;
``(III) special educator with
training in autism spectrum disorders
on staff;
``(IV) rehabilitation professional
with training in autism spectrum
disorders on staff; or
``(V) master's level professional
with training in autism spectrum
disorders on staff.
``(B) Secretary's determination.--Notwithstanding
subparagraph (A), the Secretary may determine who
qualifies as an eligible entity under this section.
``(b) Application for a Grant.--
``(1) In general.--An eligible entity that desires a grant
under this section shall submit an application to the Secretary
at such time, in such manner and form, and containing such
information, agreements, and assurances as the Secretary
determines to be necessary to carry out this section.
``(2) Outreach services.--An application submitted under
paragraph (1) shall contain an assurance that the applicant
will provide ongoing outreach activities while receiving a
grant under this section, in a manner that is culturally
competent for the population served, to inform the public and
the specific community that the autism navigator is serving, of
the services under the grant.
``(c) Development of Autism Navigator Program.--
``(1) Autism navigators.--
``(A) In general.--The Secretary shall determine
the functions of autism navigators under this section.
``(B) Types of functions.--The functions of an
autism navigator under this section may include--
``(i) with respect to an individual with an
autism spectrum disorder and such individual's
family--
``(I) coordinating and scheduling
appointments and referrals, community
outreach, assistance with
transportation, housing or education
arrangements, and assistance with
insurance issues and other barriers to
care;
``(II) case management and
psychosocial assessment and care or
information and referral to such
services;
``(III) contact and care
coordination of health care, including
psychosocial assessment and care, and
other community services, provider
referrals, financial support and
service coordination, including
transportation, housing, and education;
``(IV) determining coverage under
health insurance and health plans for
all services;
``(V) aiding with health insurance
coverage issues; and
``(VI) ensuring the initiation,
continuation, or sustained access to
care prescribed by the individual's
health care providers;
``(ii) facilitating partnerships within the
health care and advocacy community to assist
outreach to the underserved autism community;
``(iii) notifying individuals and their
families as to autism clinical trials and, on
request, facilitating enrollment of eligible
individuals;
``(iv) anticipating, identifying, and
helping individuals with an autism spectrum
disorder overcome barriers in accessing and
securing appropriate services in a timely
manner;
``(v) coordinating with State departments
responsible for human services, education,
health and senior services, housing, community
affairs, and labor in providing services to
individuals with an autism spectrum disorder
and their families;
``(vi) identifying caregiver supports for
those caring for individuals with an autism
spectrum disorder, including mentoring, support
groups, community resources, and legal
consultation;
``(vii) identifying, mentoring, and
supporting culturally sensitive caregivers of
individuals with an autism spectrum disorder;
and
``(viii) serving as a reliable, expert
resource for advice, support, and direction to
access early intervention services under part C
of the Individuals with Disabilities Education
Act (20 U.S.C. 1431 et seq.), health insurance
(public or private), housing programs,
financial security programs, Medicare services
under title XVIII of the Social Security Act,
and Medicaid services under title XIX of the
Social Security Act.
``(2) Development of program.--
``(A) In general.--An eligible entity that receives
a grant under this section shall develop an autism
navigator program that will recruit, employ, train,
assign, and supervise autism navigators.
``(B) Duration of grants.--A grant provided under
this section shall be--
``(i) for a period of not more than 5
years; and
``(ii) subject to annual approval by the
Secretary and subject to the availability of
appropriations for the fiscal year involved.
``(C) No limitation on number of grants.--Nothing
in this paragraph shall be construed to limit the
number of grants that may be made to an eligible
entity.
``(3) Outreach.--An autism navigator program developed
under paragraph (2) shall reach out to appropriate physician
offices and treatment centers to encourage such physicians and
centers, respectively, to refer individuals with an autism
spectrum disorder to such program, which will offer autism
navigation services described in this subsection.
``(4) Training and preparation.--An autism navigator
program developed under paragraph (2) shall train and prepare
autism navigators as follows:
``(A) Autism navigators shall have direct knowledge
of the communities they serve and provide services to
such communities in a culturally competent manner.
``(B) Autism navigators shall be informed about
health insurance systems and other community services,
and be able to aid individuals in resolving access
issues.
``(C) Autism navigators shall have direct knowledge
of the unique needs of individuals with an autism
spectrum disorder and the current evidence-based
practices that are available to such individuals
through Federal programs and in the State involved.
``(5) Managing care.--An autism navigator program developed
under paragraph (2) shall assign autism navigators, in
accordance with applicable criteria of the Secretary, for--
``(A) managing the care of individuals with an
autism spectrum disorder; and
``(B) assisting such individuals and families of
such individuals with navigating the life service
continuum.
``(6) Centralized access.--An autism navigator program
developed under paragraph (2) shall provide centralized access
for individuals with an autism spectrum disorder to multiple
Federal and State activities and programs related to autism
spectrum disorders, including such activities and programs
carried out by--
``(A) the Administration for Children and Families;
``(B) the Centers for Disease Control and
Prevention;
``(C) the Centers for Medicare & Medicaid Services;
``(D) the Collaborative Programs of Excellence in
Autism;
``(E) the Department of Health and Human Services;
``(F) the Health Resources and Services
Administration;
``(G) the Interagency Autism Coordinating
Committee;
``(H) the National Institutes of Health;
``(I) the National Institute of Mental Health;
``(J) the Studies to Advance Autism Research and
Treatment;
``(K) the Department of Housing and Urban
Development;
``(L) the Department of Education; and
``(M) the Department of Labor.
``(7) Data collection and report.--
``(A) In general.--Each recipient of a grant under
this section shall--
``(i) collect specific autism data that
records navigation services provided to each
individual served by the autism navigator
program; and
``(ii) establish and implement procedures
and protocols, consistent with applicable
Federal and State laws, to ensure the
confidentiality of all information shared by a
participant in the program, the participant's
personal representative, and the participant's
health care providers, group health plans, or
health insurance insurers.
``(B) Disclosure of information.--A recipient of a
grant under this section may, consistent with
applicable Federal and State confidentiality laws,
collect, use, or disclose aggregate information that is
not individually identifiable.
``(C) Report.--Each recipient of a grant under this
section shall submit an annual report to the Secretary
that--
``(i) summarizes and analyzes the data
collected under subparagraph (A)(i); and
``(ii) provides information on needs for
navigation services, types of access
difficulties resolved, sources of repeated
resolution, and flaws in the system of access,
including insurance barriers.
``(d) Evaluations.--The Secretary shall provide, directly or
through grants or contracts, for evaluations to determine the effects
of the services of autism navigators.
``(e) Coordination With Other Programs.--The Secretary shall
coordinate the demonstration grant program authorized under this
section with programs authorized under the Children's Health Act of
2000 (Public Law 106-310), the Combating Autism Act of 2006 (Public Law
109-416), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the
Medicaid home- and community-based service waivers program under
section 1915(c) of the Social Security Act, title XIX of the Social
Security Act, and other appropriate programs.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require payment for navigation services or to require
payment for other services in cases where such other services are
provided free of charge.''.
TITLE II--AUTISM AWARENESS
SEC. 201. TRAINING OF FIRST RESPONDERS IN THE RECOGNITION OF AUTISM.
(a) Development of Curriculum.--The Secretary of Health and Human
Services, in coordination with the Director of the Centers for Disease
Control and Prevention and in consultation with the heads of other
appropriate Federal agencies, shall develop, demonstrate, and
disseminate a standard curriculum for the training of first responders
in assisting individuals (and their families) with autism and other
cognitive behavioral disabilities during potential and actual
emergencies.
(b) Training Grants.--The Secretary of Health and Human Services,
in coordination with the Director of the Centers for Disease Control
and Prevention and in consultation with the heads of other appropriate
Federal agencies, shall award grants to States and local governments to
train first responders (including the police, fire departments,
emergency medical technicians, and other paid or volunteer first
responders) in providing assistance to individuals with autism and
other cognitive impairments in potential and actual emergency
situations.
(c) Requirement.--Training carried out under this section shall
inform first responders of the risks associated with autism and other
cognitive behavioral disabilities, as well as provide instruction in
appropriate autism recognition and response techniques.
TITLE III--HOME OF THEIR OWN
SEC. 301. HOME OF THEIR OWN.
(a) Task Force.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall convene a task force comprised of appropriate national and State
autism advocacy groups, recipients of funds from the Department of
Housing and Urban Development for housing for adults with an autism
spectrum disorder, and community-based organizations that serve adults
with an autism spectrum disorder.
(b) Establishment of Grant Program.--The task force described in
subsection (a) shall establish a housing demonstration grant program to
award grants to entities (including States, localities, public and
private partnerships, and community nonprofit and for-profit
organizations) to enable such entities to provide a housing program for
adults with an autism spectrum disorder, with the goal of providing
individualized housing and services to such adults. | Helping Housing, Awareness, and Navigation Demonstration Services for Individuals With Autism Spectrum Disorders Act of 2009 or the Helping HANDS for Autism Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a demonstration program to award grants to eligible entities to develop an autism navigator program to create a more efficient, effective, coordinated use of the health, housing, education, and social service systems for individuals with an autism spectrum disorder.
Directs the Secretary to determine the functions of autism navigators, which may include: (1) case management and psychosocial assessment and care; (2) notifying individuals of autism clinical trials; (3) helping individuals overcome barriers in accessing and securing appropriate services in a timely manner; and (4) coordinating with relevant departments providing services to individuals with an autism spectrum disorder and their families.
Requires a navigator program to provide centralized access for individuals with an autism spectrum disorder to multiple federal and state activities and programs related to autism spectrum disorders.
Requires grantees to collect autism data and ensure confidentiality.
Directs the Secretary to: (1) disseminate a standard curriculum for training first responders in assisting individuals with autism and other cognitive behavioral disabilities and their families during emergencies; and (2) award grants to states and local governments for such training.
Requires the Secretary of Housing and Urban Development to provide for a program for adults with autism spectrum disorder with the goal of providing individualized housing and services. | {"src": "billsum_train", "title": "To increase housing, awareness, and navigation demonstration services (HANDS) for individuals with autism spectrum disorders."} | 2,775 | 320 | 0.668459 | 1.860104 | 0.882118 | 4.659649 | 9.273684 | 0.968421 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earned Income Tax Credit
Simplification Act of 2005''.
SEC. 2. MODIFICATION OF ABANDONED SPOUSE RULE.
(a) In General.--Section 32(c)(1) of the Internal Revenue Code of
1986 (relating to eligible individual) is amended by adding at the end
the following new paragraph:
``(H) Certain married individuals living apart.--
For purposes of this section, an individual who--
``(i) is married (within the meaning of
section 7703(a)) and files a separate return
for the taxable year,
``(ii) lives with a qualifying child of the
individual for more than one-half of such
taxable year, and
``(iii) during the last 6 months of such
taxable year, does not have the same principal
place of abode as the individual's spouse,
shall not be considered as married.''.
(b) Conforming Amendments.--
(1) The last sentence of section 32(c)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking ``section
7703'' and inserting ``section 7703(a)''.
(2) Section 32(d) of such Code is amended by striking ``In
the case of an individual who is married (within the meaning of
section 7703)'' and inserting ``In the case of an individual
who is married (within the meaning of section 7703(a)) and is
not described in subsection (c)(1)(H)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 3. SIMPLIFICATION OF RULES REGARDING PRESENCE OF QUALIFYING CHILD.
(a) Taxpayer Eligible for Credit for Worker Without Qualifying
Child if Qualifying Child Claimed by Another Member of Family.--Section
32(c)(1) of the Internal Revenue Code of 1986 (relating to eligible
individual), as amended by this Act, is amended by adding at the end
the following new paragraph:
``(I) Taxpayer eligible for credit for worker
without qualifying child if qualifying child claimed by
another member of family.--
``(i) General rule.--Except as provided in
clause (ii), in the case of 2 or more eligible
individuals who may claim for such taxable year
the same individual as a qualifying child, if
such individual is claimed as a qualifying
child by such an eligible individual, then any
other such eligible individual who does not
make such a claim of such child or of any other
qualifying child may be considered an eligible
individual without a qualifying child for
purposes of the credit allowed under this
section for such taxable year.
``(ii) Exception if qualifying child
claimed by parent.--If an individual is claimed
as a qualifying child for any taxable year by
an eligible individual who is a parent of such
child, then no other parent of such child who
does not make such a claim of such child or of
any other qualifying child may be considered an
eligible individual without a qualifying child
for purposes of the credit allowed under this
section for such taxable year.''.
(b) Taxpayer Eligible for Credit for Worker Without Qualifying
Child if Qualifying Children Do Not Have Valid Social Security
Number.--Subparagraph (G) of section 32(c)(1) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(G) Individuals who do not include tin, etc., of
any qualifying child.--In the case of any eligible
individual who has one or more qualifying children, if
no qualifying child of such individual is taken into
account under subsection (b) by reason of paragraph
(3)(D), for purposes of the credit allowed under this
section, such individual may be considered an eligible
individual without a qualifying child.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 4. ELIMINATION OF DISQUALIFIED INVESTMENT INCOME TEST.
(a) In General.--Section 32 of the Internal Revenue Code of 1986 is
amended by striking subsection (i).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2005.
SEC. 5. DEFINITION OF VALID TAXPAYER IDENTIFICATION NUMBER FOR EARNED
INCOME CREDIT.
(a) In General.--Section 32(m) of the Internal Revenue Code of 1986
is amended to read as follows:
``(m) Identification Numbers.--
``(1) In general.--Solely for purposes of subsections
(c)(1)(E) and (c)(3)(D), a taxpayer identification number means
a social security number assigned by the Social Security
Administration.
``(2) Limitation.--
``(A) In general.--To be eligible for a credit
under this section, the return of tax for the taxable
year must clearly indicate that any alien with earned
income possesses a social security number assigned by
the Social Security Administration which is authorized
for employment purposes.
``(B) Joint returns.--When a married couple files a
joint return, and one spouse's social security number
is authorized for employment and the other spouse's
social security number is not authorized for employment
purposes, a credit under this section is only available
if the return of tax for the taxable year clearly
indicates that the earned income is attributable only
to the spouse whose social security number is
authorized for employment purposes.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2005.
(c) Notice Requirements.--
(1) In general.--The Secretary of the Treasury shall make
reasonable efforts to provide at least 3 months advance
notification to households likely to be affected by the
amendment made by subsection (a) so that individuals eligible
to obtain an employment-authorized social security number may
understand what action is needed to preserve their eligibility
for the earned income credit under section 32 of the Internal
Revenue Code of 1986.
(2) Response if conditions not satisfied.--If a taxpayer
appears to be otherwise eligible for the earned income credit
under section 32 of such Code but has not satisfied the
conditions of subsection (m)(2) of such section, the Secretary
of the Treasury shall send a mathematical or clerical error
notice under section 6213(b)(1) of such Code informing the
taxpayer of the actions needed to establish eligibility for
such credit and of the option of filing an amended tax return
if eligibility for such credit cannot be established within the
response period for such mathematical or clerical error notice. | Earned Income Tax Credit Simplification Act of 2005 - Amends provisions of the Internal Revenue Code relating to the earned income tax credit to: (1) allow certain married taxpayers filing separate returns and residing with a dependent child to claim such credit; (2) allow certain taxpayers residing in a household with a qualifying child to claim the credit independently as a taxpayer without a qualifying child; (3) eliminate provisions denying the credit for individuals with excessive investment income; and (4) require aliens claiming the credit to have a social security number authorized for employment purposes. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to simplify the earned income tax credit eligibility requirements regarding filing status, presence of children, investment income, and work and immigrant status."} | 1,529 | 122 | 0.542504 | 1.312813 | 0.591821 | 2.092593 | 12.342593 | 0.796296 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia and United
States Territories Circulating Quarter Dollar Program Act''.
SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE DISTRICT OF
COLUMBIA AND EACH OF THE TERRITORIES.
Section 5112 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(r) Redesign and Issuance of Circulating Quarter Dollar Honoring
the District of Columbia and Each of the Territories.--
``(1) Redesign in 2009.--
``(A) In general.--Notwithstanding the fourth
sentence of subsection (d)(1) and subsection (d)(2) and
subject to paragraph (6)(B), quarter dollar coins
issued during 2009, shall have designs on the reverse
side selected in accordance with this subsection which
are emblematic of the District of Columbia and the
territories.
``(B) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection (d)(1), the
Secretary may select a design for quarter dollars
issued during 2009 in which--
``(i) the inscription described in the
second sentence of subsection (d)(1) appears on
the reverse side of any such quarter dollars;
and
``(ii) any inscription described in the
third sentence of subsection (d)(1) or the
designation of the value of the coin appears on
the obverse side of any such quarter dollars.
``(2) Single district or territory design.--The design on
the reverse side of each quarter dollar issued during 2009
shall be emblematic of one of the following: The District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
``(3) Selection of design.--
``(A) In general.--Each of the 6 designs required
under this subsection for quarter dollars shall be--
``(i) selected by the Secretary after
consultation with--
``(I) the chief executive of the
District of Columbia or the territory
being honored, or such other officials
or group as the chief executive officer
of the District of Columbia or the
territory may designate for such
purpose; and
``(II) the Commission of Fine Arts;
and
``(ii) reviewed by the Citizens Coinage
Advisory Committee.
``(B) Selection and approval process.--Designs for
quarter dollars may be submitted in accordance with the
design selection and approval process developed by the
Secretary in the sole discretion of the Secretary.
``(C) Participation.--The Secretary may include
participation by District or territorial officials,
artists from the District of Columbia or the territory,
engravers of the United States Mint, and members of the
general public.
``(D) Standards.--Because it is important that the
Nation's coinage and currency bear dignified designs of
which the citizens of the United States can be proud,
the Secretary shall not select any frivolous or
inappropriate design for any quarter dollar minted
under this subsection.
``(E) Prohibition on certain representations.--No
head and shoulders portrait or bust of any person,
living or dead, and no portrait of a living person may
be included in the design of any quarter dollar under
this subsection.
``(4) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins minted under this subsection
shall be considered to be numismatic items.
``(5) Issuance.--
``(A) Quality of coins.--The Secretary may mint and
issue such number of quarter dollars of each design
selected under paragraph (4) in uncirculated and proof
qualities as the Secretary determines to be
appropriate.
``(B) Silver coins.--Notwithstanding subsection
(b), the Secretary may mint and issue such number of
quarter dollars of each design selected under paragraph
(4) as the Secretary determines to be appropriate, with
a content of 90 percent silver and 10 percent copper.
``(C) Timing and order of issuance.--Coins minted
under this subsection honoring the District of Columbia
and each of the territories shall be issued in equal
sequential intervals during 2009 in the following
order: the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
``(6) Other provisions.--
``(A) Application in event of admission as a
state.--If the District of Columbia or any territory
becomes a State before the end of the 10-year period
referred to in subsection (l)(1), subsection (l)(7)
shall apply, and this subsection shall not apply, with
respect to such State.
``(B) Application in event of independence.--If any
territory becomes independent or otherwise ceases to be
a territory or possession of the United States before
quarter dollars bearing designs which are emblematic of
such territory are minted pursuant to this subsection,
this subsection shall cease to apply with respect to
such territory.
``(7) Territory defined.--For purposes of this subsection,
the term `territory' means the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.''.
December 9 (legislative day, December 8), 2006.
Attest:
KAREN L. HAAS,
Clerk. | District of Columbia and United States Territories Circulating Quarter Dollar Program Act - Authorizes the Secretary of the Treasury to issue during 2009 redesigned quarter dollars commemorating the District of Columbia and the U.S. Territories, including the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. | {"src": "billsum_train", "title": "To provide for a circulating quarter dollar coin program to honor the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, and for other purposes."} | 1,212 | 83 | 0.648001 | 1.45008 | 0.728592 | 5.936508 | 17.460317 | 0.920635 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Medical Malpractice
Information Reporting and Competition Act of 2003''.
SEC. 2. ESTABLISHMENT OF OFFICE OF HEALTH CARE COMPETITION WITHIN THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(a) In General.--There is established within the Department of
Health and Human Services an Office to be known as the Office of Health
Care Competition Policy (in this section referred to as the
``Office''). The Office shall be headed by a Director, who shall be
appointed by the Secretary of such Department.
(b) Duties.--
(1) Responsibility for national practitioner data base.--
The Office shall be responsible for activities of the Secretary
under part B of title IV of the Health Care Quality Improvement
Act of 1986 (title IV of Public Law 99-660), including the
National Practitioner Data Base under such part.
(2) Annual report.--The Director of the Office shall submit
a report each year to the Secretary of Health and Human
Services on activities conducted under such part.
SEC. 3. CHANGES IN NATIONAL PRACTITIONER DATA BASE PROVISIONS.
(a) Requiring Additional Reports on Medical Malpractice Insurance
and Claims.--Part B of title IV of the Health Care Quality Improvement
Act of 1986 (title IV of Public Law 99-660) is amended by inserting
after section 421 the following new section:
``SEC. 421A. REQUIRING REPORTS ON MEDICAL MALPRACTICE INSURANCE AND
CLAIMS.
``(a) In General.--Each entity (including an insurance company)
which underwrites a policy of insurance for medical malpractice actions
or claims shall report, in accordance with section 424, information
respecting such insurance and claims for payment under such policy.
Such information shall be in addition to, and may be coordinated with,
the information required to be reported under section 421.
``(b) Information to Be Reported.--
``(1) In general.--The information to be reported under
subsection (a) by an entity with respect to a medical
malpractice insurance policy includes the following:
``(A) Direct premiums written.
``(B) Direct premiums earned.
``(C) Net investment income, including net realized
capital gains and losses, using appropriate estimates
where necessary.
``(D) Incurred claims, developed as the sum of the
following (the report shall include data for each of
the following:
``(i) Dollar amount of claims closed with
payment; plus.
``(ii) Reserves for reported claims at the
end of the current year; minus.
``(iii) Reserves for reported claims at the
end of the previous year; plus.
``(iv) Reserves for incurred but not
reported claims at the end of the current year;
minus.
``(v) Reserves for incurred but not
reported claims at the end of the previous
year; plus.
``(vi) Loss adjustment expenses for claims
closed; plus.
``(vii) Reserves for loss adjustment
expense at the end of the current year; minus.
``(viii) Reserves for loss adjustment
expense at the end of the previous year.
(categories used to develop the sum of incurred
claims).
``(E) Actual incurred expenses allocated separately
to loss adjustment, commissions, other acquisition
costs, advertising, general office expenses, taxes,
licenses and fees, and all other expenses.
``(F) Net underwriting gain or loss.
``(G) Net operation gain or loss, including net
investment income.
``(H) The number and dollar amount of claims closed
with payment by year incurred, the amount reserved for
each claim, the year(s) in which the reserves were set,
and the amounts set in each year.
``(I) The number of claims closed without payment,
the dollar amount reserved for each claim, the years in
which reserves were set, and the amounts set in each.
``(J) The number of claims pending at the end of
each year, the amount of reserve[d] for each claim, the
year(s) in which the reserves were set, and the amounts
set in each year.
``(2) Claims paid.--Such report shall also include the
following:
``(A) For claims paid by the insurer during the
calendar year, in which a verdict had at any time been
rendered.
``(i) The dollar amount paid by the
insurance company; and
``(ii) The dollar amount of the original
verdict.
``(B) For claims paid by the insurer during the
calendar year, in which a verdict had at any time been
rendered.
``(i) The dollar amount of the original
verdict, broken out as follows:
``(I) The total amount of past
economic damages assessed by the trier
of fact.
``(II) The total amount of future
economic damages assessed by the trier
of fact.
``(III) The total amount of
compensatory non-economic damages
assessed by the trier of fact.
``(IV) The total amount of punitive
damages assessed by the trier of fact.
``(ii) The dollar amount paid by all
parties.
``(iii) The dollar amount paid by the
insurer.
``(iv) The number of claims paid by the
insurer.
``(C) For claims paid by the insurer during the
calendar year, in which a verdict had never been
rendered.
``(i) The total amount paid by the insurer
broken out as follows:
``(I) The amount of the plaintiff's
past economic damages, as submitted by
the plaintiff.
``(II) The amount of the
plaintiff's future economic damages, as
estimated by the insurer.
``(III) The amount paid by the
insurer for other damages.
``(ii) The number of claims paid by the
insurer.
``(D) The number of claims in which the insurer
paid--
``(i) more than $250,000 in non-economic
damages; and
``(ii) more than $500,000 in non-economic
damages.
``(E) For claims paid by the insurer during the
calendar year, the number of claims in which--
``(i) punitive damages were assessed by the
trier of fact;
``(ii) punitive damages were paid by any
party; and
``(iii) punitive damages were paid by the
insurer.
``(F) For claims paid by the insurer during the
calendar year--
``(i) the dollar amount of punitive damages
assessed by the trier of fact;
``(ii) the dollar amount of punitive
damages paid by all parties; and
``(iii) the dollar amount of punitive
damages paid by the insurer.
``(G) The number and dollar amount of claims paid
by the insurer during the calendar year in which
parties other than the insured--
``(i) had at any time been found liable by
the trier of fact; or
``(ii) had been estimated by the insurance
company to have some liability.
``(H) For those claims identified in paragraph (7),
the amount by which the amount paid by the insurer
exceeds the amount proportional to the insured's
percentage of responsibility.
``(I) Such other information as the Secretary
determines is required for appropriate interpretation
of information reported under this section.
``(c) Sanctions for Failure to Report.--The provisions of section
421(c) shall apply to information required to be reported under this
section in the same manner as they apply to the reporting of
information on a payment required to be reported under section 421.
``(d) Coordination of Information Reporting.--The Secretary shall
provide for the coordination of reporting of information under this
section with the reporting of related information under section 421.''.
(b) Inclusion and Availability of Information.--Section 427(b) of
such Act (42 U.S.C. 11137(b)) is amended by adding at the end the
following new paragraph:
``(4) Availability of public file data.--Notwithstanding
the previous provisions of this subsection, the Secretary shall
make available, for free from the website maintained in
connection with the data base established to carry out this
part, information reported under sections 421 and 421A which
does not provide for individually identifiable information.''.
(c) Effective Date.--The amendments made by this section shall take
effect 6 months after the date of the enactment of this Act . | Improved Medical Malpractice Information Reporting and Competition Act of 2003 - Establishes an Office of Health Care Competition Policy in the Department of Health and Human Services, to be headed by a Director appointed by the Secretary. Declares that the Office shall be responsible for certain activities of the Secretary delineated in the Health Care Quality Improvement Act of 1986, including for the National Practitioner Database under such Act.Amends the Health Care Quality Improvement Act of 1986 to require each entity (including an insurance company) which underwrites a policy of insurance for medical malpractice actions or claims to report information respecting such insurance or claims. Specifies material that such reports should contain, including: (1) direct premiums written and earned; (2) net investment income, including net realized capital gains and losses; (3) incurred claims; (4) actual incurred expenses; and (5) certain information on claims paid, including verdict amounts.Prescribes a civil penalty of not more than $10,000 for each instance of a payment required to be reported under this Act which is not reported. Provides for the coordination of the information collected under this Act with information reported on medical malpractice payments, with the Secretary to make both sets of data available for free on the Internet without individually identifiable information. | {"src": "billsum_train", "title": "To establish an Office of Health Care Competition within the Department of Health and Human Services to administer the National Practitioner Data Base and to collect and make available to the public more information on medical malpractice insurance under that Data Base."} | 1,902 | 261 | 0.722575 | 2.10344 | 0.857484 | 3.182573 | 7.560166 | 0.892116 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker's Freedom of Choice Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Because of the statutory requirements that certain
workers must pay dues or fees to certain labor organizations
subject to the National Labor Relations Act, workers who pay
dues or fees to labor organizations should not, as a matter of
law, be required to support activities of labor organizations
that do not relate directly to the express purposes of the
National Labor Relations Act, to-wit, those purposes expressed
in the policies found in section 1 of such Act, (29 U.S.C.
151). In enacting the National Labor Relations Act, Congress
expressly recognized that a purpose of the Act was to protect
the freedom of association or actual liberty of contract of
employees. To strengthen the ability of labor organizations to
represent all employees with regard to the express purposes of
the National Labor Relations Act, it is statutorily provided
that labor organizations regulated by such Act may require
employees to pay dues or fees to a labor organization as a
condition of their employment.
(2) Some labor organizations use the general treasury funds
that consist of, or include, statutorily required dues and fees
paid by employees for purposes other than the express purposes
of the National Labor Relations Act. Some labor organizations
use such treasury funds to support political candidates, tax-
exempt organizations, issue advocacy and lobbying in support of
legislation or causes which individual workers may not
otherwise support and are not directly related to the express
statutory purposes for which those funds are collected from
workers by legislative mandate. Such uses of funds violate the
rights and freedoms of association of employees for which the
collective bargaining rights are statutorily protected under
the National Labor Relations Act.
(3) It is a fundamental tenet of this Nation that all men
and women have a right to make individual choices about the
political, social or charitable causes they support. It is also
a fundamental right that an individual may not be forced or
coerced by organizations, as a condition of employment, to
support causes of any type, especially those that may be
contrary to, or even inconsistent with, their individual
beliefs. Such forced or coerced support violates basic notions
of First Amendment rights of free speech and freedom of
association.
SEC. 3. FREEDOM TO CHOOSE.
(a) In General.--
(1) Core purposes.--Notwithstanding the exception in
section 7 of the National Labor Relations Act (29 U.S.C. 157),
an employer or labor organization subject to a valid labor
agreement shall not receive, solicit, or accept from an
employee payment of any dues or fees not related to core
purposes and exclusive representation.
(2) Definition.--For purposes of this subsection, the term
``core purposes'' includes collective bargaining, contract
administration, and grievance adjustment.
(b) Discrepancy in Amount of Fees Collected.--
(1) Liability.--If an employee disputes the amount of fees
collected by the labor organization, such employee may bring a
civil action against the labor organization--
(A) for total damages, for each employee, equal
to--
(i) 10 times the amount of the dues or fees
accepted in violation of this section;
(ii) the interest on the amount described
in clause (i) calculated at the prevailing
rate;
(iii) an additional amount as liquidated
damages equal to the sum of the amount
described in clause (i) and the interest
described in clause (ii); and
(iv) not more than $1,000 in punitive
damages;
(B) for such equitable relief as may be
appropriate; and
(C) revocation of tax exempt status.
(2) Right of action.--An action to recover the damages or
equitable relief prescribed in paragraph (1) may be maintained
against any labor organization in any Federal court of
competent jurisdiction by any one or more employees for and in
behalf of--
(A) the employees; or
(B) the employees and other employees similarly
situated.
(3) Fees and costs.--The court in such action shall, in
addition to any judgment awarded to the plaintiff, allow a
reasonable attorney's fee, reasonable expert witness fees, and
other costs of the action to be paid by the defendant.
(4) Limitation.--An action may be brought under this
subsection not later than 5 years after the date the employee
knew or should have known that dues or fees were accepted or spent by a
labor organization in violation of this Act, except that such period
shall be extended to 3 years in the case of a willful violation by a
labor organization.
SEC. 4. NOTICE.
An employer whose employees are represented by a collective
bargaining representative shall be required to post a notice, of such
size and in such form as the Department of Labor shall prescribe, in
conspicuous places in and about its plants and offices, including all
places where notices to employees are customarily posted, informing
employees that any labor organization accepting payment of any dues or
fees from an employee as a condition of employment pursuant to an
agreement authorized by Federal law is not permitted to withhold any
portion of such dues or fees used for activities not necessary to
performing the duties of the exclusive representative of the employees
in dealing with the employer on labor-management issues.
SEC. 5. DISCLOSURE TO WORKERS.
(a) Expenses Reporting.--Section 201(b) of the Labor-Management
Reporting and Disclosure Act of 1959 is amended by adding at the end
the following new sentence: ``Every labor organization shall be
required to attribute and report expenses verified by an independent
audit using generally accepted accounting principles and standards in
such detail as necessary to allow members to determine whether such
expenses were necessary to performing the duties of the exclusive
representative of the employees in dealing with the employer on labor-
management issues.''
(b) Disclosure.--Section 201(c) of the Labor-Management Reporting
and Disclosure Act of 1959 is amended--
(1) by inserting ``and employees required to pay any dues
or fees to such organization'' after ``members''; and
(2) inserting ``or employee required to pay any dues or
fees to such organization'' after ``member'' each place it
appears.
(c) Written Requests.--Section 205(b) of the Labor-Management
Reporting and Disclosure Act of 1959 is amended by adding at the end
the following new sentence: ``Upon written request, the Secretary shall
make available complete copies of any report or other document filed
pursuant to section 201.''.
SEC. 6. RETALIATION AND COERCION PROHIBITED.
It shall be unlawful for any labor organization to coerce,
intimidate, threaten, interfere with, or retaliate against any employee
in the exercise of, or on account of having exercised, any right
granted or protected by this Act.
SEC. 7. REGULATIONS.
The Secretary of Labor shall prescribe such regulations as are
necessary to carry out sections 3 and 4 of this Act not later than 60
days after the date of enactment of this Act and shall prescribe such
regulations as are necessary to carry out the amendments made by
section 5 not later than 120 days after such date of enactment.
SEC. 8. CONSTRUCTION.
Nothing in this Act shall be construed to prohibit or discourage an
employee from making voluntary personal contributions to charities,
affiliates, events, or organizations endorsed or otherwise supported by
a labor organization.
SEC. 9. EFFECTIVE DATE AND APPLICATION.
This Act shall be effective immediately upon enactment, except that
sections 4 and 5 pertaining to worker consent and notice shall take
effect 90 days after enactment and section 6 pertaining to disclosure
shall take effect 150 days after enactment. | Worker's Freedom of Choice Act - Prohibits labor unions or employers subject to valid labor agreements from receiving, soliciting, or accepting payment of dues or fees not related to exclusive representation and core purposes, including collective bargaining, contract administration, and grievance adjustment (notwithstanding an exception under the National Labor Relations Act relating to union security agreements which require payment of union dues or fees as a condition of employment). Gives a right of civil action to employees who dispute the amount so collected by labor organizations. Requires employers to post notice of such prohibition against labor unions using dues or fees, which are collected as conditions of employment, for any activities not necessary to performing their duties of exclusive representation of employees in dealing with employers on labor-management issues (union duties).Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification, verified by independent audit, in enough detail to allow its members to determine whether such expenses were necessary to perform such union duties. Requires disclosure under such Act to employees required to pay any union dues or fees under a union security agreement as well as to union members.Prohibits labor union retaliation or coercion against any employee for exercising any right granted or protected by this Act. | {"src": "billsum_train", "title": "To ensure that labor dues and fees are used only for collective bargaining purposes and exclusive representation."} | 1,700 | 283 | 0.526496 | 1.524761 | 0.828398 | 2.528926 | 6.590909 | 0.842975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``September 11th Heroes Memorial Park
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) On September 11, 2001, terrorists hijacked 4 civilian
aircraft, crashing 2 of them into the towers of the World Trade
Center in New York City, causing the destruction of the towers.
(2) These were by far the deadliest terrorist attacks ever
launched against the United States, claiming the lives of more
than 3,000 innocent people, 2,797 of whom died in New York
City.
(3) The debris from the destruction of the World Trade
Center towers was taken to a landfill on Staten Island, New
York, for cleanup and investigation and to continue the
recovery of victim remains and effects that could not be
performed at the site of the towers' collapse in Manhattan.
(4) Over the 10-month period following September 11, 2001,
more than 1,000 people worked at the landfill around the clock
every day, tirelessly and carefully sifting through all
1,620,000 tons of debris from the World Trade Center site
searching for remains, personal effects, and evidence from what
is now considered to be history's largest crime scene.
(5) Approximately 20 percent of all the victim remains
recovered following the towers' collapse, as well as more than
54,000 personal items, from wedding rings and photographs to
driver licenses and keys were retrieved at the Staten Island
site.
(6) The remains of 306 of the 1,423 World Trade Center
victims whose remains have been identified and returned to
their families were recovered at the Staten Island site.
(7) Victims' families were brought some sort of peace by
being given back something personal of lost loved ones, whether
through a positive identification of a victim's remains or the
return of something so simple and yet so meaningful as a
wedding ring, a watch, or a wallet.
(8) On July 15, 2002, after 10 months, the cleanup and
recovery operations at the landfill on Staten Island, New York,
came to a somber conclusion.
(9) The site commemorates those lost. The determination of
appropriate recognition there will be a slowly unfolding
process in order to address the interests and concerns of all
interested parties. Appropriate national assistance and
recognition must give ample opportunity for those involved to
voice these broad concerns.
(10) It is appropriate that the site be designated a unit
of the National Park System.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish a national memorial to honor the final
resting place of some of those lost at the World Trade Center
on September 11, 2001.
(2) To establish the memorial advisory commission to assist
with consideration and formulation of plans for a permanent
memorial to those lost at the World Trade Center, including its
nature, design, and construction.
(3) To authorize the Secretary of the Interior to
coordinate and facilitate the activities of the Memorial
Advisory Commission and administer a victim's memorial at the
site of the Fresh Kills Landfill operation on Staten Island,
New York.
SEC. 3. MEMORIAL TO HONOR THE FINAL RESTING PLACE OF THOSE LOST AT THE
WORLD TRADE CENTER ON SEPTEMBER 11, 2001.
There is established a memorial at the Staten Island recovery site
to honor the final resting place of those lost at the World Trade
Center on September 11, 2001.
SEC. 4. ADVISORY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``September 11th Heroes Memorial Park Advisory Commission''
(hereafter in this Act referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 15 members as
follows:
(1) The Director of the National Park Service, or the
Director's designee.
(2) 7 members appointed by the Secretary of the Interior.
(3) 5 members appointed by the Member of Congress
representing the 13th Congressional District of the State of
New York.
(4) 1 member appointed by the mayor of the City of New
York, New York.
(5) 1 member appointed by the governor of the State of New
York.
(c) Term.--The term of the members of the Commission shall be for
the life of the Commission.
(d) Chair.--The members of the Commission shall select the Chair of
the Commission.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers if a quorum is present, but shall be filled in the same manner
as the original appointment.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members, but not less often than
quarterly. Notice of the Commission meetings and agendas for the
meetings shall be published in local newspapers and in the Federal
Register. Meetings of the Commission shall be subject to section 552b
of title 5, United States Code (relating to open meetings).
(g) Quorum.--A majority of the members serving on the Commission
shall constitute a quorum for the transaction of any business.
(h) No Compensation.--Members of the Commission shall serve without
compensation, but may be reimbursed for expenses incurred in carrying
out the duties of the Commission.
(i) Duties.--The Commission shall--
(1) not later than 3 years after the date of the enactment
of this Act, submit to the Secretary of the Interior and
Congress a report containing recommendations for the planning,
design, construction, and long-term management of a permanent
memorial at the memorial site;
(2) advise the Secretary of the Interior on the boundaries
of the memorial site;
(3) advise the Secretary of the Interior in the development
of a management plan for the memorial;
(4) consult and coordinate closely with the city of New
York, the State of New York, and other interested parties,
including coordination with the City of New York's Master
Planning for the Fresh Kills Landfill site;
(5) ensure a plan for adequate Federal funding of long-term
operation and maintenance of the memorial;
(6) provide significant opportunities for public
participation in the planning and design of the memorial; and
(7) officially name the memorial.
(j) Powers.--The Commission may--
(1) make such expenditures for services and materials for
the purpose of carrying out this Act as the Commission
considers advisable from funds appropriated or received as
gifts for that purpose;
(2) accept gifts to be used in carrying out this section or
to be used in connection with the construction or other
expenses of the memorial;
(3) hold hearings, enter into contracts for personal
services and otherwise;
(4) do such other things as are necessary to carry out this
Act; and
(5) by a vote of the majority of the Commission, delegate
such of its duties as it determines appropriate to employees of
the National Park Service staff.
(k) Termination.--The Commission shall terminate upon dedication of
the completed memorial.
SEC. 5. DUTIES OF THE SECRETARY.
The Secretary of the Interior is authorized to--
(1) provide assistance to the Commission, including advice
on collections, storage, and archives;
(2) consult and assist the Commission in providing
information, interpretation, and the conduct of oral history
interviews;
(3) provide assistance in conducting public meetings and
forums held by the Commission;
(4) participate in or support the planning efforts for the
memorial;
(5) provide programming and design assistance to the
Commission for possible memorial exhibits, collections, or
activities;
(6) provide project management assistance to the Commission
for design and construction activities;
(7) provide staff assistance and support to the Commission;
(8) participate in the formulation of plans for the design
of the memorial and to construct the memorial;
(9) acquire from willing sellers the land or interests in
land for the memorial site by donation, purchase with donated
or appropriated funds, or exchange; and
(10) administer the September 11th heroes memorial as a
unit of the National Park Service in accordance with this Act
and with the laws generally applicable to units of the National
Park System such as the Act of August 25, 1916 (39 Stat. 585). | September 11th Heroes Memorial Park Act - Establishes a national memorial at the Staten Island, New York, recovery site to honor the final resting place of those lost at the World Trade Center (WTC) on September 11, 2001.
Creates the September 11th Heroes Memorial Park Advisory Commission to: (1) submit to the Secretary of the Interior and Congress a report with recommendations for the planning, design, construction, and management of a permanent memorial at the site; (2) advise the Secretary on memorial site boundaries; (3) advise the Secretary in the development of a management plan for the memorial; (4) consult and coordinate with specified entities; (5) address Federal funding for operation and maintenance of the memorial; (6) provide significant opportunities for public participation in the planning and design of the memorial; and (7) officially name the memorial.
Authorizes the Secretary to: (1) assist the Commission with specified tasks and staffing; (2) participate in the planning, design, and construction of the memorial; (3) acquire land for the memorial site from willing sellers; and (4) administer the memorial as a unit of the National Park Service. | {"src": "billsum_train", "title": "To authorize a national memorial to commemorate the final resting place of those lost at the World Trade Center on September 11, 2001, and for other purposes."} | 1,742 | 231 | 0.53321 | 1.677652 | 0.756685 | 5.056034 | 7.439655 | 0.961207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen Future Act of 1993''.
SEC. 2. FINDINGS, PURPOSE, DEFINITIONS.
(a) Findings.--The Congress finds that--
(1) fossil fuels, the main energy source of the present,
have provided this country with tremendous supply, but are
limited and polluting, and their production and utilization
technologies are mature;
(2) the basic scientific fundamentals are needed for
private sector investment in and commercialization of new and
better energy sources and enabling technologies;
(3) hydrogen holds tremendous promise as a new and better
energy source as it secures an infinite supply from water and
combusts purely to water;
(4) under current technological capability, the energy
required to produce hydrogen is greater than the potential
energy of the hydrogen produced;
(5) the hydrogen production efficiency dilemma is the major
technical barrier to society collectively benefiting from one
of the great energy sources of the future;
(6) an aggressive, results-oriented multiyear research
initiative on efficient hydrogen fuel production and use is in
order;
(7) the current $4,500,000 per year Federal effort is
wholly inadequate to the technically daunting task at hand;
(8) an annual $100,000,000 multiyear authorization offset
by a reallocation of resources from more mature fossil
technologies is justified; and
(9) the national interest demands the acceleration of
research, development, and demonstration efforts that will make
possible the near-term commercial introduction of hydrogen into
the current energy consumption system in order to increase
supply to support economic growth, decrease airborne emissions
from mobile and stationary sources, improve fuel efficiency,
and invigorate industries that can develop hydrogen enabling
technologies that will lead to new markets and jobs, and that
will provide stimulus for the transfer of information and
relevant technology from the space and aerospace industries to
the broader energy and transportation market.
(b) Purpose.--The purpose of the Act is to provide the fundamental
scientific basis to support the development of commercial, economically
feasible technologies for the production and use of hydrogen as a zero-
or low-emission power source on a national scale by the year 1998.
(c) Definitions.--As used in this Act--
(1) the term ``Secretary'' means the Secretary of Energy;
(2) the term ``United States'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States; and
(3) the term ``United States company'' means a business
entity that is incorporated in the United States and that
conducts business operations in the United States.
SEC. 3. CONSULTATION.
The Secretary shall consult with the Department of Energy's
Hydrogen Technical Advisory Panel established under section 108 of
Public Law 101-566 as necessary in implementing this Act.
SEC. 4. RESEARCH AND DEVELOPMENT ACTIVITIES.
(a) Production.--The Secretary shall support industrial hydrogen
energy production research and development in the following areas:
(1) Photoconversion:
(A) Photochemical.
(B) Photoelectrochemical.
(C) Photobiological.
(2) Coal gasification and hydrogen purification.
(3) Bioconversion:
(A) Biomass growth, harvesting, and conversion.
(B) Municipal solid waste and sewage sludge
disposal.
(4) ``Water-cracking'' using the excess capacity at
hydropower and nuclear electricity production facilities during
off-peak hours.
(5) Fuel cell power plants suitable for vehicle propulsion.
(6) Fuel cell systems for stationary applications.
(b) Use.--The Secretary shall support industrial hydrogen energy
use research and development in the following areas, including funding
for at least one technical demonstration in each such area:
(1) Economically feasible, low-emission motor vehicles
using hydrogen as a combustible power supply, either in pure
form or mixed with other fuels (such as methane).
(2) Economically feasible, zero-emission automotive and
locomotive engines using hydrogen as a constituent for the
release of chemical energy.
(3) Electricity generation using hydrogen as a fuel source
for utility applications.
(4) Heating and cooling using hydrogen as a fuel source for
building and appliance applications.
(5) Stationary power generation using hydrogen as a fuel
source for industrial applications.
(c) Schedule.--Within 90 days after the date of enactment of this
Act, the Secretary shall solicit proposals for carrying out the
research, development, and demonstration activities authorized under
subsections (a) and (b). Awards of financial assistance for such
activities shall be made within 1 year after such date of enactment.
(d) Restrictions on Recipients.--Financial assistance may be
awarded under this section only to United States companies or consortia
of United States companies, alone or in conjunction with universities
and independent nonprofit research organizations. Awards under
subsection (a) may be made separately for each area described in
paragraphs (1) through (6) of that subsection or collectively for more
than 1 or all such areas. Awards for technical demonstrations under
subsection (b) shall be made separately for each area described in
paragraphs (1) through (5) of that subsection.
(e) Procedures.--(1) Except as otherwise provided in this Act,
research, development, and demonstration activities under this Act may
be carried out using the procedures of the Federal Nonnuclear Research
and Development Act of 1974 (42 U.S.C. 5901-5920), the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.), or any other Act under which the
Secretary is authorized to carry out such activities.
(2) Except as otherwise provided in this Act, in carrying out
research, development, and demonstration programs and activities under
this Act, the Secretary may use, to the extent authorized under
applicable provisions of law, contracts, cooperative agreements,
cooperative research and development agreements under the Stevenson-
Wydler Technology Innovation Act of 1980, grants, joint ventures, and
any other form of agreement available to the Secretary.
(3) For purposes of this subsection, the term ``joint venture'' has
the meaning given the term ``joint research and development venture''
under section 2(a)(6) and (b) of the National Cooperative Research Act
of 1984 (15 U.S.C. 4301(a)(6) and (b)).
(f) Antitrust.--The National Cooperative Research Act of 1984 (15
U.S.C. 4301 et seq.) shall apply to consortia supported under this Act.
(g) Cost Sharing.--(1) The Secretary shall require at least 50
percent of the costs directly and specifically related to any research,
development, or demonstration project under this Act to be provided
from non-Federal sources.
(2) The Secretary shall also require that at least 50 percent of
the non-Federal share of the costs related to any research,
development, or demonstration project under this Act be provided by
United States companies.
SEC. 5. HIGHLY INNOVATIVE TECHNOLOGIES.
Of the amounts made available for carrying out section 4 of this
Act, up to 5 percent may be used to support research on highly
innovative energy technologies, including those based on yet unproven
scientific theory. Amounts so transferred under this section shall not
be subject to the requirements stated in section 4.
SEC. 6. TECHNOLOGY TRANSFER.
The Secretary shall foster the exchange of generic, nonproprietary
information and technology developed pursuant to section 4 or other
similar Federal programs (including activities under the Automotive
Propulsion Research and Development Act of 1978, the National Aero-
Space Plane program, and programs carried out under section 2025 of the
Energy Policy Act of 1992) among industry, academia, and the Federal
Government with regard to the production and use of hydrogen.
SEC. 7. PROTECTION OF INFORMATION AND PATENTS.
For purposes of this Act, the provisions of chapter 18 of title 35,
United States Code (popularly referred to as the Bayh-Dole Act) shall
apply to United States companies as if they were small business firms
under the provisions of such chapter 18.
SEC. 8. REPORT TO CONGRESS.
(a) Requirement.--Within 18 months after the date of enactment of
this Act, and annually thereafter, the Secretary shall present Congress
with a detailed report on the status and progress of the programs
created under this Act. As part of this report, the Secretary shall
include an analysis of the effectiveness of the Department's hydrogen
research and development programs, an enumeration of improvements that
could be made to such programs, and recommendations for any legislation
necessary to accomplish those improvements.
(b) Coordination With Defense Programs.--As part of the report
required under subsection (a), Department of Defense research and
development programs that involve issues of hydrogen-based power,
especially within the Air Force and the Defense Advanced Research
Projects Agency, shall be analyzed by the Secretary for coordination
and cooperation with the programs created under this Act.
(c) Coordination With NASA Programs.--As part of the report
required under subsection (a), National Aeronautics and Space
Administration research and development programs that involve issues of
hydrogen-based power shall be analyzed by the Secretary for
coordination and cooperation with the programs created under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--There are authorized to be appropriated
for each of the fiscal years 1994 through 1998, to carry out the
purposes of this Act (in addition to any amounts made available for
such purposes under other Acts) $100,000,000, of which 60 percent is
authorized only for activities under section 4(a) and 40 percent is
authorized for activities under section 4(b).
(b) Related Authorizations.--For fiscal year 1994, the amount
authorized to be appropriated to carry out subtitle A of title XIII of
the Energy Policy Act of 1992 (Public Law 102-486) shall be 175 percent
of the amount authorized for such fiscal year under subsection (a) of
this section. For fiscal year 1995, the amount authorized to be
appropriated to carry out subtitle A of title XIII of the Energy Policy
Act of 1992 (Public Law 102-486) shall be 175 percent of the amount
appropriated for fiscal year 1994 under subsection (a) of this section.
For fiscal year 1996, the amount authorized to be appropriated to carry
out subtitle A of title XIII of the Energy Policy Act of 1992 (Public
Law 102-486) shall be 150 percent of the amount appropriated for fiscal
year 1995 under subsection (a) of this section. For fiscal year 1997,
the amount authorized to be appropriated to carry out subtitle A of
title XIII of the Energy Policy Act of 1992 (Public Law 102-486) shall
be 125 percent of the amount appropriated for fiscal year 1996 under
subsection (a) of this section. For fiscal year 1998, the amount
authorized to be appropriated to carry out subtitle A of title XIII of
the Energy Policy Act of 1992 (Public Law 102-486) shall be 100 percent
of the amount appropriated for fiscal year 1997 under subsection (a) of
this section. | Hydrogen Future Act of 1993 - Directs the Secretary of Energy to support industrial hydrogen energy production research and development, including specified power source technical demonstrations (such as motor vehicles and electricity generation). | {"src": "billsum_train", "title": "Hydrogen Future Act of 1993"} | 2,423 | 41 | 0.513795 | 1.362063 | 0.579495 | 2.837838 | 61.837838 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Mine Lands Reclamation
Reform Act of 2004''.
SEC. 2. AMENDMENTS TO SURFACE MINING ACT.
(a) Amendments to Section 401.--(1) Section 401 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is amended
as follows:
(A) In subsection (c) by striking paragraphs (2) and (6)
and redesignating paragraphs (3) through (13) in order as
paragraphs (2) through (11).
(B) In subsection (e)--
(i) in the second sentence, by striking ``the needs
of such fund'' and inserting ``achieving the purposes
of the transfers under section 402(h)''; and
(ii) in the third sentence, by inserting before the
period the following: ``for the purpose of the
transfers under section 402(h).''.
(2) Section 712(b) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1302(b)) is amended by striking ``section
401(c)(11)'' and inserting ``section 401(c)(9)''.
(b) Amendments to Section 402.--Section 402 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended as
follows:
(1) In subsection (a)--
(A) by striking ``35'' and inserting ``28'';
(B) by striking ``15'' and inserting ``12''; and
(C) by striking ``10 cents'' and inserting ``8
cents''.
(2) In subsection (b) by striking ``2004'' and all that
follows through the end of the sentence and inserting
``2019.''.
(3) In subsection (g)(1)(D) by striking ``in any area under
paragraph (2), (3), (4), or (5)'' and inserting ``under
paragraph (5)''.
(4) Subsection (g)(2) is amended to read as follows:
``(2) In making the grants referred to in paragraph (1)(C)
and the grants referred to in paragraph (5), the Secretary
shall ensure strict compliance by the States and Indian tribes
with the priorities set forth in section 403(a) until a
certification is made under section 411(a).''.
(5) In subsection (g)(3)--
(A) in the matter preceding subparagraph (A) by
striking ``paragraphs (2) and'' and inserting
``paragraph'';
(B) in subparagraph (A) by striking ``401(c)(11)''
and inserting ``401(c)(9)''; and
(C) by adding at the end the following:
``(E) For the purpose of paragraph (8).''.
(6) In subsection (g)(5)--
(A) by inserting ``(A)'' before the first sentence;
(B) in the first sentence by striking ``40'' and
inserting ``60'';
(C) in the last sentence by striking ``Funds
allocated or expended by the Secretary under paragraphs
(2), (3), or (4),'' and inserting ``Funds made
available under paragraph (3) or (4)''; and
(D) by adding at the end the following:
``(B) Any amount that is reallocated and available under section
411(h)(3) shall be in addition to amounts that are allocated under
subparagraph (A).''.
(7) Subsection (g)(6) is amended to read as follows:
``(6)(A) Any State with an approved abandoned mine reclamation
program pursuant to section 405 may receive and retain, without regard
to the 3-year limitation referred to in paragraph (1)(D), up to 10
percent of the total of the grants made annually to such State under
paragraphs (1) and (5) if such amounts are deposited into an acid mine
drainage abatement and treatment fund established under State law, from
which amounts (together with all interest earned on such amounts) are
expended by the State for the abatement of the causes and the treatment
of the effects of acid mine drainage in a comprehensive manner within
qualified hydrologic units affected by coal mining practices.
``(B) For the purposes of this paragraph, the term `qualified
hydrologic unit' means a hydrologic unit--
``(i) in which the water quality has been significantly
affected by acid mine drainage from coal mining practices in a
manner that adversely impacts biological resources; and
``(ii) that contains lands and waters that are--
``(I) eligible pursuant to section 404 and include
any of the priorities set forth in section 403(a); and
``(II) the subject of expenditures by the State
from the forfeiture of bonds required under section 509
or from other States sources to abate and treat acid
mine drainage.''.
(8) Subsection (g)(7) is amended to read as follows:
``(7) In complying with the priorities set forth in section 403(a),
any State or Indian tribe may use amounts available in grants made
annually to such State or tribe under paragraphs (1) and (5) for the
reclamation of eligible lands and waters set forth in section 403(a)(3)
prior to the completion of reclamation projects under paragraphs (1)
and (2) of section 403(a) only if the expenditure of funds for such
reclamation is done in conjunction with the expenditure of funds for
reclamation projects under paragraphs (1) and (2) of section 403(a).''.
(9) Subsection (g)(8) is amended to read as follows:
``(8) In making the grants referred to in paragraph (1)(C), the
Secretary, using amounts allocated to a State or Indian tribe under
subparagraphs (A) or (B) of paragraph (1) or as necessary amounts
available to the Secretary under paragraph (3), shall assure total
grant awards of not less than $2,000,000 annually to each State and
each Indian tribe. Notwithstanding any other provision of law, this
paragraph applies to the State of Tennessee.''.
(10) Subsection (h) is amended--
(A) in paragraph (2) by striking ``sum of--'' and
all that follows through ``$70,000,000.'' and inserting
``sum of the amount of interest that the Secretary
estimates will be earned and paid to the Combined Fund
during the fiscal year. The amount transferred shall be
used, notwithstanding any other provision of law, to
pay the amount of any deficit in net assets in the
Combined Fund.''; and
(B) by striking paragraphs (3) and (4).
(c) Amendments to Section 403.--Section 403 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)) is amended as
follows:
(1) In subsection (a)--
(A) in paragraph (1) by striking ``general
welfare,'';
(B) in paragraph (2) by striking ``health, safety,
and general welfare'' and inserting ``health and
safety'', and inserting ``and'' after the semicolon at
the end;
(C) in paragraph (3) by striking the semicolon at
the end and inserting a period; and
(D) by striking paragraphs (4) and (5).
(2) In subsection (b)--
(A) by striking the heading and inserting ``Water
Supply Restoration.--''; and
(B) in paragraph (1) by striking ``up to 30 percent
of the''.
(3) In subsection (c) by inserting ``, subject to the
approval of the Secretary,'' after ``amendments''.
(d) Amendment to Section 406.--Section 406(h) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is amended by
striking ``Soil Conservation Service'' and inserting ``Natural
Resources Conservation Service''.
(e) Further Amendment to Section 406.--Section 406 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236) is amended
by adding at the end the following:
``(i) There is authorized to be appropriated to the Secretary of
Agriculture, from amounts in the Treasury other than amounts in the
fund, such sums as may be necessary to carry out this section.''.
(f) Amendment to Section 408.--Section 408(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1238) is amended by
striking ``who owned the surface prior to May 2, 1977, and''.
(g) Amendments to Section 411.--Section 411 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1240a) is amended as
follows:
(1) In subsection (a) by inserting ``(1)'' before the first
sentence, and by adding at the end the following:
``(2) The Secretary may, on the Secretary's own volition, make the
certification referred to in paragraph (1) on behalf of any State or
Indian tribe referred to in paragraph (1) if on the basis of the
inventory referred to in section 403(c) all reclamation projects
relating to the priorities set forth in section 403(a) for eligible
lands and water pursuant to section 404 in such State or tribe have
been completed. The Secretary shall only make such certification after
notice in the Federal Register and opportunity for public comment.''.
(2) By adding at the end the following:
``(h) State Share for Certain Certified States.--(1)(A) From moneys
referred to in subsection (a) of section 35 of the Mineral Leasing Act
(30 U.S.C. 191(a)) that are paid into the Treasury after the date of
the enactment of this subsection and that are not paid to States under
section 35 of the Mineral Leasing Act or reserved as part of the
reclamation fund under such section, the Secretary shall pay to each
qualified State, on a proportional basis, an amount equal to the sum of
the aggregate unappropriated amount allocated to such qualified State
under section 402(g)(1)(A).
``(B) In this paragraph the term `qualified State' means a State
for which a certification is made under subsection (a) and in which
there are public domain lands available for leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.)
``(2) Payments to States under this subsection shall be made,
without regard to any limitation in section 401(d), in the same manner
as if paid under section 35 of the Mineral Leasing Act (30 U.S.C. 191)
and concurrently with payments to States under that section.
``(3) The amount allocated to any State under section 402(g)(1)(A)
that is paid to such State as a result of a payment under paragraph (1)
of this subsection shall be reallocated and available for grants under
section 402(g)(5).''.
(h) Extension of Limitation on Application of Prohibition on
Issuance of Permit.--Section 510(e) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended by striking
``2004'' and inserting ``2019''.
SEC. 3. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS TITLE.
(a) Transition Rules.--(1) Amounts allocated under section
402(g)(2) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232(g)(2)) (excluding interest) prior to the date of enactment
of this Act for the program set forth under section 406 of that Act (30
U.S.C. 1236), but not appropriated prior to such date, shall be
available in fiscal year 2004 and thereafter for the transfers referred
to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by
this Act, in the same manner as are other amounts available for such
transfers.
(2) Notwithstanding any other provision of law, interest credited
to the fund established by section 401 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231) that is not transferred to
the Combined Benefit Fund referred to in section 402(h) of such Act (30
U.S.C. 1232(h)), as amended by this Act, prior to the date of enactment
of this Act shall be available in fiscal year 2004 and thereafter for
the transfers referred to in section 402(h) of such Act (30 U.S.C.
1232(h)), as amended by this Act, in the same manner as are other
amounts available for such transfers.
(b) Inventory.--Within one year after the date of enactment of this
Act, the Secretary of the Interior shall complete a review of all
additions made, pursuant to amendments offered by States and Indian
tribes after December 31, 1998, to the inventory referred to in section
403(c) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(c)) to ensure that such additions reflect eligible lands
and waters pursuant to section 404 of such Act (30 U.S.C. 1234) that
meet the priorities set forth in paragraphs (1) and (2) of section
403(a) of such Act (30 U.S.C. 1233(a)(1) and (2)), and are correctly
identified pursuant to such priorities. Any lands or waters that were
included in the inventory pursuant to the general welfare standard set
forth in section 403(a) of such Act (30 U.S.C. 1233(a)) before the date
of enactment of this Act that are determined in the review to no longer
meet the criteria set forth in paragraphs (1) and (2) of section 403(a)
of such Act, as amended by this Act, shall be removed from the
inventory. | Abandoned Mine Lands Reclamation Reform Act of 2004 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization that certain moneys in the Abandoned Mine Reclamation Fund may be used: (1) by the Secretary of Agriculture for reclamation of rural lands; and (2) by the Department of the Interior for studies by contract with organizations for advice and research and development projects technical assistance.
Reduces the reclamation fee required to be paid by operators of coal mining operations.
Revises Fund allocation requirements with respect to reclamation fees.
Repeals Fund objectives concerning: (1) protection , construction, or enhancement of public facilities such as utilities, roads, recreation and conservation facilities adversely affected by coal mining practices; and (2) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.
States that no lien shall be filed against any person who neither consented to, nor participated in nor exercised control over the mining operation which necessitated reclamation. Repeals the limitation of such prohibition to persons who owned the surface before May 2, 1977.
Expands certification guidelines to prescribe payments to: (1) qualified States and Indian tribes; and (2) non-qualified States and Indian tribes. | {"src": "billsum_train", "title": "To amend the Surface Mining Control and Reclamation Act of 1977 to reauthorize and reform the Abandoned Mine Reclamation Program, and for other purposes."} | 3,159 | 286 | 0.534927 | 1.568006 | 0.584121 | 1.894531 | 11.070313 | 0.746094 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HazCom Simplification and
Modernization Act of 2005''.
SEC. 2. PURPOSE.
It is the purpose of this Act to assist chemical manufacturers and
importers in preparing material safety data sheets pursuant to the
requirements of the Hazard Communication standard published at section
1910.1200 of title 29, Code of Federal Regulations, and the Hazard
Communication standard published at part 47 of title 30, Code of
Federal Regulations, and to improve the accuracy, consistency, and
comprehensibility of such material safety data sheets and to establish
a Commission for the purpose of studying and making recommendations
regarding the implementation of the United Nations' Globally Harmonized
System of Classification and Labeling of Chemicals.
SEC. 3. HAZARD COMMUNICATION.
(a) In General.--
(1) Model material safety data sheets for highly hazardous
chemicals.--The Secretary of Labor shall develop model material
safety data sheets for the list of highly hazardous chemicals
contained in Appendix A to the Process Safety Management of
Highly Hazardous Chemicals standard published at section
1910.119 of title 29, Code of Federal Regulations. Such model
material safety data sheets shall--
(A) comply with the requirements of the Hazard
Communication standard published at section 1910.100 of
such title 29 and the Hazard Communication standard
published at part 47 of title 30, Code of Federal
Regulations;
(B) be presented in a consistent format that
enhances the reliability and comprehensibility of
information about chemical hazards in the workplace and
protective measures; and
(C) be made available to the public, including
through posting on the Occupational Safety and Health
Administration's website and the Mine Safety and Health
Administration's website, within 18 months after the
date of enactment of this Act.
(2) Construction.--Nothing in this subsection shall be
construed to--
(A) modify or amend the Hazard Communication
standard published at section 1910.1200 of title 29,
Code of Federal Regulations, the Process Safety
Management of Highly Hazardous Chemicals standard
published at section 1910.119 of such title 29, the
Hazard Communication standard published at part 47 of
title 30, Code of Federal Regulations, or any other
provision of law; and
(B) authorize the Secretary of Labor to include in
the model material safety data sheet developed under
this subsection any suggestion or recommendation as to
permissible or appropriate workplace exposure levels
for these chemicals, except as required by the Hazard
Communication standard published at section 1910.1200
of such title 29, and the Hazard Communication standard
published at part 47 of title 30, Code of Federal
Regulations.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Labor such sums as may
be necessary to carry out this subsection.
(b) Globally Harmonized System Commission.--
(1) Establishment.--Not later than 6 months after the date
of enactment of this Act, there shall be established a
commission, to be known as the Global Harmonization Commission
(referred to in this subsection as the ``Commission''), to
consider the implementation of the United Nations Globally
Harmonized System of Classification and Labeling of Chemicals
to improve chemical hazard communication and to make
recommendations to Congress.
(2) Membership.--The Commission shall be composed of 17
members of whom--
(A) 1 shall be the Secretary of Labor (referred to
in this Act as the ``Secretary'');
(B) 1 shall be the Secretary of Transportation;
(C) 1 shall be the Secretary of Health and Human
Services;
(D) 1 shall be the Administrator of the
Environmental Protection Agency;
(E) 1 shall be the Chairman of the Consumer Product
Safety Commission;
(F) 1 shall be the Chairman of the Chemical Safety
and Hazard Investigation Board (or his or her
designee);
(F) 11 shall be appointed by the Secretary of
Labor, of whom--
(i) 2 shall be representatives of
manufacturers of hazardous chemicals, including
a representative of small businesses;
(ii) 2 shall be representatives of
employers who are extensive users of hazardous
chemicals supplied by others, including a
representative of small businesses;
(iii) 2 shall be representatives of labor
organizations;
(iv) 2 shall be individuals who are
qualified in an occupational health or safety
field by an organization whose program has been
accredited by a nationally recognized private
accreditation organization or by the Secretary,
who have expertise in chemical hazard
communications;
(v) 1 shall be a representative of mining
industry employers;
(vi) 1 shall be a representative of mining
industry employees; and
(vii) 1 shall be a safety and health
professional with expertise in mining.
(3) Chair and vice-chair.--The members of the Commission
shall select a chair and vice-chair from among its members.
(4) Duties.--
(A) Study and recommendations.--The Commission
shall conduct a thorough study of, and shall develop
recommendations on, the following issues relating to
the global harmonization of hazardous chemical
communication:
(i) Whether the United States should adopt
any or all of the elements of the United
Nation's Globally Harmonized System of
Classification and Labeling of Chemicals
(referred to in this subsection and the
``Globally Harmonized System'').
(ii) How the Globally Harmonized System
should be implemented by the Federal agencies
with relevant jurisdiction, taking into
consideration the role of the States acting
under delegated authority.
(iii) How the Globally Harmonized System
compares to existing chemical hazard
communication laws and regulations, including
the Hazard Communication standard published at
section 1910.1200 of title 29, Code of Federal
Regulations and the Hazard Communication
standard published at part 47 of title 30, Code
of Federal Regulations.
(iv) The impact of adopting the Globally
Harmonized System on the consistency,
effectiveness, comprehensiveness, timing,
accuracy, and comprehensibility of chemical
hazard communication in the United States.
(v) The impact of adopting the Globally
Harmonized System on occupational safety and
health in the United States.
(vi) The impact of adopting the Globally
Harmonized System on tort, insurance, and
workers compensation laws in the United States.
(vii) The impact of adopting the Globally
Harmonized System on the ability to bring new
products to the market in the United States.
(viii) The cost and benefits of adopting
the Globally Harmonized System to businesses,
including small businesses, in the United
States.
(ix) How effective compliance assistance,
training, and outreach can be used to help
chemical manufacturers, importers, and users,
particularly small businesses, understand and
comply with the Globally Harmonized System.
(B) Report.--Not later than 18 months after the
date of enactment of this Act, the Commission shall
submit to the appropriate committees of Congress a
report containing a detailed statement of the findings
and conclusions of the Commission, together with its
recommendations for such legislation as the Commission
considers appropriate.
(5) Powers.--
(A) Hearings.--The Commission shall hold at least
one public hearing, and may hold additional hearings,
sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers advisable to carry out this section. The
Commission shall, to the maximum extent possible, use
existing data and research to carry out this section.
(B) 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 section. Upon
request by the Commission, the head of such department
or agency shall promptly furnish such information to
the Commission.
(C) Postal services.--The Commission may use the
United States mails in the same manner and under the
same conditions as other departments and agencies of
the Federal Government.
(6) Personnel matters.--
(A) Compensation; travel expenses.--Each member of
the Commission shall serve without compensation but
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.
(B) Staff and equipment.--The Department of the
Labor shall provide all financial, administrative, and
staffing requirements for the Commission including--
(i) office space;
(ii) furnishings; and
(iii) equipment.
(7) Termination.--The Commission shall terminate on the
date that is 90 days after the date on which the Commission
submits the report required under paragraph (3)(B).
(8) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Labor, such sums as may
be necessary to carry out this subsection.
(c) Hazard Communication Demonstration Projects.--
(1) In general.--Section 20(a) of the Act (29 U.S.C.
670(a)) is amended by adding at the end the following:
``(8) Subject to the availability of appropriations, the Secretary,
after consultation with others, as appropriate, shall award grants to
one or more qualified applicants in order to carry out a demonstration
project to develop, implement, or evaluate strategies or programs to
improve chemical hazard communication in the workplace through the use
of technology, which may include electronic or Internet-based hazard
communication systems.''.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the amendment made by paragraph (1). | HazCom Simplification and Modernization Act of 2005 - Directs the Secretary of Labor to develop model material safety data sheets for the list of highly hazardous chemicals contained in Appendix A to the Process Safety Management of Highly Hazardous Chemicals standard published in the Code of Federal Regulations. Sets forth requirements for these model material safety data sheets.
Establishes a Global Harmonization Commission to: (1) consider the implementation of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals to improve chemical hazard communication; and (2) make recommendations to Congress.
Amends requirements for training and employee education under the Occupational Safety and Health Act of 1970 to direct the Secretary to award demonstration project grants to develop, implement, or evaluate strategies or programs to improve chemical hazard communication in the workplace through the use of technology. | {"src": "billsum_train", "title": "A bill to assist chemical manufacturers and importers in preparing material safety data sheets pursuant to the requirements of the Hazard Communication standard and to establish a Commission to study and make recommendations regarding the implementation of the Globally Harmonized System of Classification and Labeling of Chemicals."} | 2,042 | 175 | 0.614712 | 1.697648 | 0.767253 | 5.269737 | 12.868421 | 0.940789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ATM Public Safety and Crime Control
Act of 1996''.
SEC. 2. ENHANCED SECURITY MEASURES REQUIRED AT DEPOSITORY INSTITUTIONS.
Section 3 of the Bank Protection Act of 1968 (12 U.S.C. 1882) is
amended by adding at the end the following new subsection:
``(c) Enhanced Surveillance Requirements.--With respect to each
surveillance camera which a depository institution is required to
maintain under the regulations prescribed under subsection (a), each
Federal supervisory agency shall prescribe, on the basis of
recommendations made by the Director of the Federal Bureau of
Investigation pursuant to section 540B(c) of title 28, United States
Code, regulations which require the depository institution to--
``(1) provide lighting and a surveillance camera of
sufficient quality to produce surveillance pictures which can
be used effectively as evidence in a criminal prosecution of
illegal activities at the location monitored by the camera; and
``(2) operate such camera in a manner which does not
compromise the quality of the surveillance pictures.''.
SEC. 3. STUDY AND TECHNICAL RECOMMENDATIONS BY FBI.
(a) In General.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540B. Technical recommendations on surveillance equipment
``(a) Review of Crime Prevention Standards and Procedures.--In
order to reduce the incidence of crimes under section 2113 of title 18,
other violations of such title, and other criminal activity on the
property of or in the vicinity of financial institutions (as defined in
section 20 of such title) and to facilitate more effective prosecutions
of such crimes, the Director of the Federal Bureau of Investigation
shall periodically review the standards and procedures applicable with
respect to security requirements established under section 3 of the
Bank Protection Act of 1968.
``(b) Consultation With Attorney General.--In conducting any review
under subsection (a), the Director of the Federal Bureau of
Investigation shall consult with the Attorney General to ascertain the
extent to which inadequate security measures, or improperly maintained
security equipment, at financial institutions have hindered effective
prosecutions under section 2113 of title 18, United States Code, or
other criminal provisions.
``(c) Recommendations.--Before the end of the 6-month period
beginning on the date of the enactment of the ATM Public Safety and
Crime Control Act of 1996 and at such times after such date as the
Director of the Federal Bureau of Investigation may determine to be
appropriate, the Director shall make technical recommendations to the
Federal banking agencies (as defined in section 3 of the Federal
Deposit Insurance Act) on standards and procedures for meeting the
purposes of section 3 of the Bank Protection Act of 1968.''.
(b) Report to Judiciary Committees.--The Director of the Federal
Bureau of Investigation shall submit a copy of any recommendations made
in accordance with section 540B(c) of title 28, United States Code, to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate at the same time such
recommendations are transmitted to the Federal banking agencies in
accordance with such section.
(c) Clerical Amendment.--The table of sections for chapter 33 of
title 28, United States Code, is amended by inserting after the item
relating to section 540A the following new item:
``540B. Technical recommendations on surveillance equipment.''.
SEC. 4. INITIAL IMPLEMENTATION OF REGULATIONS.
(a) Timetable for Regulations.--The Federal banking agencies shall
prescribe final regulations pursuant to section 3(c) of the Bank
Protection Act of 1968 before the end of the 6-month period beginning
on the date the technical recommendations by the Director of the
Federal Bureau of Investigations are received by such agencies in
accordance with section 540B(c) of title 28, United States Code.
(c) Effective Date of Regulations.--The regulations referred to in
subsection (a) shall require depository institutions to come into
compliance with such regulations by the end of the 6-month period
beginning on the date the final regulations are published in the
Federal Register.
SEC. 5. AMENDMENTS TO DEFINITIONS.
Section 2 of the Bank Protection Act of 1968 (12 U.S.C. 1881) is
amended to read as follows:
``SEC. 2. DEFINITIONS.
``The following definitions shall apply for purposes of this Act:
``(1) Depository institution.--The term `depository
institution' has the meaning given to such term in section 3(c)
of the Federal Deposit Insurance Act.
``(2) Federal supervisory agency.--The term `Federal
supervisory agency' has the meaning given to the term
`appropriate Federal banking agency' in section 3 of the
Federal Deposit Insurance Act.''. | ATM Public Safety and Crime Control Act of 1996 - Amends the Bank Protection Act of 1978 to direct each Federal banking supervisory agency to prescribe specified lighting and surveillance camera security measures at depository institutions based upon recommendations made by the Director of the Federal Bureau of Investigation.
Amends the Judicial Code to instruct the Director to: (1) periodically review crime prevention standards and procedures at financial institutions; (2) make technical recommendations to the Federal banking agencies; and (3) submit copies of such recommendations to congressional judiciary committees. Requires consultation with the Attorney General to ascertain the extent to which inadequate security measures, or improperly maintained security equipment, at financial institutions have hindered effective prosecutions for bank robbery and incidental crimes.
Sets a timetable for: (1) promulgation of final Federal regulations pursuant to the Director's recommendations; and (2) depository institution compliance with such regulations. | {"src": "billsum_train", "title": "ATM Public Safety and Crime Control Act of 1996"} | 1,083 | 191 | 0.64903 | 1.80498 | 0.92559 | 3.552326 | 5.610465 | 0.877907 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tech Bond Initiative of 2001''.
SEC. FINDINGS.
Congress finds the following:
(1) Access to high-speed Internet is as important to 21st
Century businesses as access to the railroads meant to
businesses of the last century.
(2) In States across the Nation, up to one-third of the
population lacks access to high-speed Internet.
(3) Companies without access to high-speed Internet are at
a competitive disadvantage.
(4) Tech bonds would give State and local governments
incentives to expand broadband deployment in their communities.
SEC. 2. CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY BONDS.
(a) In General.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits against tax) is
amended by adding at the end the following new subpart:
``Subpart H--Nonrefundable Credit for Holders of Qualified Technology
Bonds
``Sec. 54. Credit to holders of qualified
technology bonds.
``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
qualified technology bond on a credit allowance date of such bond which
occurs during the taxable year, there shall be allowed as a credit
against the tax imposed by this chapter for such taxable year the
amount determined under subsection (b).
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any qualified technology
bond is the amount equal to the product of--
``(A) the credit rate determined by the Secretary
under paragraph (2) for the month in which such bond
was issued, multiplied by
``(B) the face amount of the bond held by the
taxpayer on the credit allowance date.
``(2) Determination.--During each calendar month, the
Secretary shall determine a credit rate which shall apply to
bonds issued during the following calendar month. The credit
rate for any month is the percentage which the Secretary
estimates will permit the issuance of qualified technology
bonds without discount and without interest cost to the issuer.
``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than this subpart and subpart C).
``(d) Qualified Technology Bond.--For purposes of this part--
``(1) In general.--The term `qualified technology bond'
means any bond issued as part of an issue if--
``(A) 95 percent or more of the proceeds of such
issue are to be used for any qualified project,
``(B) the bond is issued by a State or local
government within the jurisdiction of which such
project is located,
``(C) the issuer designates such bond for purposes
of this section,
``(D) certifies that it has obtained the written
approval of the Secretary of Commerce for such project,
and
``(E) the term of each bond which is part of such
issue does not exceed 15 years.
``(2) Qualified project.--
``(A) In general.--The term `qualified project'
means a project--
``(i) to expand broadband
telecommunications services in an area within
the jurisdiction of a State or local
government,
``(ii) which is nominated by such State or
local government for designation as a qualified
project, and
``(iii) which the Secretary of Commerce,
after consultation with the Secretary of
Housing and Urban Development designates as a
qualified project.
``(B) Designation preferences.--With respect to
designations under this section, preferences shall be
given to--
``(i) nominations of projects involving
underserved or rural areas lacking access to
high-speed Internet connections, and
``(ii) nominations reflecting partnerships
and comprehensive planning between State and
local governments and the private sector.
``(e) Limitation on Amount of Bonds Designated.--
``(1) National limitation.--There is a national technology
bond limitation for each calendar year. Such limitation is
$100,000,000 for 2002, 2003, 2004, 2005, and 2006, and, except
as provided in paragraph (4), zero thereafter.
``(2) Allocation of limitation.--The national technology
bond limitation for a calendar year shall be allocated by the
Secretary among the qualified projects designated for such
year.
``(3) Designation subject to limitation amount.--The
maximum aggregate face amount of bonds issued during any
calendar year which may be designated under subsection (d)(1)
with respect to any qualified project shall not exceed the
limitation amount allocated to such project under paragraph (2)
for such calendar year.
``(4) Carryover of unused limitation.--If for any calendar
year--
``(A) the national technology limitation amount,
exceeds
``(B) the amount of bonds issued during such year
which are designated under subsection (d)(1) with
respect to qualified projects,
the national technology limitation amount for the following
calendar year shall be increased by the amount of such excess.
``(f) Other Definitions.--For purposes of this subpart--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Credit allowance date.--The term `credit allowance
date' means, with respect to any issue, the last day of the 1-
year period beginning on the date of issuance of such issue and
the last day of each successive 1-year period thereafter.
``(3) State.--The term `State' means the several States and
the District of Columbia.
``(g) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (c)) and the amount so
included shall be treated as interest income.
``(h) Other Special Rules.--
``(1) Partnership; s corporation; and other pass-thru
entities.--Under regulations prescribed by the Secretary, in
the case of a partnership, trust, S corporation, or other pass-
thru entity, rules similar to the rules of section 41(g) shall
apply with respect to the credit allowable under subsection
(a).
``(2) Bonds held by regulated investment companies.--If any
qualified technology bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(3) Treatment for estimated tax purposes.--Solely for
purposes of sections 6654 and 6655, the credit allowed by this
section to a taxpayer by reason of holding a qualified
technology bond on a credit allowance date shall be treated as
if it were a payment of estimated tax made by the taxpayer on
such date.
``(4) Reporting.--Issuers of qualified technology bonds
shall submit reports similar to the reports required under
section 149(e).''.
(b) Reporting.--Subsection (d) of section 6049 of the Internal
Revenue Code of 1986 (relating to returns regarding payments of
interest) is amended by adding at the end the following new paragraph:
``(8) Reporting of credit on qualified technology bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 54(g) and such amounts shall
be treated as paid on the credit allowance date (as
defined in section 54(f)(2)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A) of this
paragraph, subsection (b)(4) of this section shall be
applied without regard to subparagraphs (A), (H), (I),
(J), (K), and (L)(i).
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''.
(c) Clerical Amendments.--
(1) The table of subparts for part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new item:
``Subpart H. Nonrefundable Credit for
Holders of Qualified Technology
Bonds.''.
(2) Section 6401(b)(1) of such Code is amended by striking
``and G'' and inserting ``G, and H''.
(d) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2001. | Tech Bond Initiative of 2001 - Amends the Internal Revenue Code to create a limited credit for the holder of a "qualified technology bond" (as defined). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an income tax credit to holders of bonds financing new communications technologies, and for other purposes."} | 1,985 | 38 | 0.599 | 1.469495 | 0.141759 | 2.419355 | 59.870968 | 0.806452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the `` Helping Our Middle-Income Earners
Act'' or the ``HOME Act''.
SEC. 2. DEDUCTION OF HOMEOWNERS ASSOCIATION ASSESSMENTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 224
as section 225 and by inserting after section 223 the following new
section:
``SEC. 224. HOMEOWNERS ASSOCIATION ASSESSMENTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the qualified homeowners
association assessments paid by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--Except as provided in paragraph
(2), the deduction allowed by subsection (a) for the taxable
year shall not exceed $5,000.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be allowable as a deduction under this
section shall be reduced (but not below zero) by the
amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $100,000 ($150,000 in the
case of a joint return), bears to
``(ii) $15,000.
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(D) Cost-of-living adjustment.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
2016, the dollar amounts under subparagraph
(B)(i)(II) shall be increased by an amount
equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2015' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount after
adjustment under clause (i) is not a multiple
of $500, such amount shall be rounded to the
next lower multiple of $500.
``(c) Qualified Homeowners Association Assessments.--For purposes
of this section--
``(1) In general.--The term `qualified homeowners
association assessments' means regularly occurring, mandatory
financial assessments (other than a special assessment)--
``(A) paid by a taxpayer to a homeowners
association with respect to the taxpayer's principal
residence (within the meaning of section 121),
``(B) that directly benefit the taxpayer's
principal residence, and
``(C) the obligation of which to pay arises from
the taxpayer's mandatory and automatic membership in
such homeowners association.
``(2) Homeowners association.--The term `homeowners
association' has the meaning given such term in section
528(c)(1) (determined without regard to timeshare
associations).''.
(b) Information Reporting.--Subpart B of part III of subchapter A
of chapter 61 of such Code is amended by adding at the end the
following new section:
``SEC. 6050X. RETURNS RELATED TO HOMEOWNERS ASSOCIATION ASSESSMENTS.
``(a) In General.--Any homeowners association which receives
qualified homeowners association assessments from any individual during
any calendar year shall make a return (at such time and in such form
and manner) setting forth--
``(1) the name, address, and TIN of each such individual,
and
``(2) the amount of qualified homeowners association
assessments received from each such individual during the
calendar year.
``(b) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return under such subsection a written
statement showing--
``(1) the name, address, and phone number of the
information contact of the person required to make such return,
and
``(2) the information required by subsection (a) with
respect to the individual.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) was required to be made.
``(c) Definitions.--For purposes of this section, the terms
`homeowners association' and `qualified homeowners association
assessments' shall have the respective meanings given such terms by
section 224.''.
(c) Deduction Not Treated as Miscellaneous Itemized Deduction.--
Section 67(b) of such Code is amended by striking ``and'' at the end of
paragraph (11), by striking the period at the end of paragraph (12) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(13) the deduction under section 224 (relating to
homeowners association assessments).''.
(d) Clerical Amendment.--The table of sections for Part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 224 and inserting the following:
``Sec. 224. Homeowners association assessments.
``Sec. 225. Cross reference.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Helping Our Middle-Income Earners Act or the HOME Act This bill amends the Internal Revenue Code to allow individual taxpayers an income-based tax deduction, up to $5,000, for qualified homeowners association assessments paid during the taxable year. The bill defines "qualified homeowners association assessments" as regularly occurring, mandatory financial assessments: (1) that are paid by a taxpayer to a homeowners association for the taxpayer's principal residence, (2) that directly benefit such residence, and (3) that arise from the taxpayer's mandatory and automatic membership in such association. The bill requires homeowners associations to file an informational return that sets forth the name, address, and taxpayer identification number of a taxpayer from whom the association receives assessments and the amount of such assessments. | {"src": "billsum_train", "title": "HOME Act"} | 1,372 | 173 | 0.499745 | 1.311093 | 0.740166 | 2.770833 | 8.4375 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Labor Amendments of 1993''.
TITLE I--CHILD LABOR PROVISIONS
SEC. 101. NO PRIOR OFFENSE PREREQUISITE FOR CHILD LABOR VIOLATION.
The second sentence of section 16(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(a)) is amended by inserting before the
period at the end the following: ``, except that this sentence shall
not apply to a violation of section 12''.
SEC. 102. CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.
Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(e)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by inserting ``(1)'' after the subsection designation;
(3) by adding at the end the following new paragraphs:
``(2) Any person who willfully violates the provisions of section
12, relating to child labor, or any regulation issued under such
section, on more than one occasion, shall, on such additional
violation, be ineligible--
``(A) for any grant, contract, or loan provided by an
agency of the United States or by appropriated funds of the
United States, for 3 years after the date of such additional
violation; or
``(B) to pay the training wage authorized by section 6 of
Fair Labor Standards Amendments of 1989 (29 U.S.C. 206 note),
unless the Secretary otherwise recommends, because of unusual
circumstances.
``(3) The Secretary shall make available to affected school
districts for posting and distribution the name of each employer who
violates the provisions of section 12, relating to child labor, or any
regulation issued under such section, together with a description of
the location and nature of the violation.''.
SEC. 103. CERTIFICATES OF EMPLOYMENT.
Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212)
is amended by adding at the end the following new subsection:
``(e)(1) As used in this subsection:
``(A) The term `minor' means an individual who is under the
age of 18 and who has not received a high school diploma or its
equivalent.
``(B) The term `parent' means a biological parent of a
minor or other individual standing in place of the parent to a
minor.
``(2) No employer shall employ a minor unless the minor possesses a
valid certificate of employment issued in accordance with this
subsection.
``(3) The Governor of a State shall designate a State agency to
issue certificates of employment to minors in the State. The agency
shall make available, on request, a form for the application described
in paragraph (4) and shall make available, as part of the certification
process, materials describing applicable Federal requirements governing
the employment of minors.
``(4) To be eligible to receive a certificate of employment, a
minor must submit to the appropriate State agency an application that
contains--
``(A) the name and address of the minor;
``(B) the name and address of the employer;
``(C) proof of age of the minor; and
``(D) if the minor is under the age of 16--
``(i) a written statement by a parent of the minor
that the parent grants consent for employment of the
minor; and
``(ii) written verification from the minor's school
that the minor is meeting any applicable minimum school
attendance requirements established under State law.
``(5) On receipt of an application under paragraph (4), a State
agency shall issue to the minor--
``(A) a certificate of employment, if the requirements of
paragraph (4) are met; or
``(B) a statement of the denial of a certificate of
employment (including the reasons for the denial), if the
requirements of paragraph (4) are not met.
``(6) A certificate of employment issued to a minor under this
subsection shall be valid during the period in which the minor is
employed by the employer listed on the certificate.
``(7) A certificate of employment issued to a minor under this
subsection shall indicate--
``(A) the name, address, and date of birth of the minor;
``(B) the name and address of the employer;
``(C) restrictions on the times of day and maximum number
of hours the minor may be employed and on the employment of the
minor in hazardous occupations; and
``(D) the name, address, and telephone number of the State
agency that may be contacted for additional information
concerning applicable Federal requirements governing the
employment of minors.
``(8) The State agency shall provide a copy of a certificate of
employment issued to a minor under the age of 16 to the parent of the
minor who granted consent pursuant to paragraph (4).
``(9) A State agency shall report annually to the Secretary
concerning certificates of employment issued under this subsection. The
agency shall include such information as the Secretary requires
(including information on the number of deaths and injuries of minors
reported pursuant to subsection (f)).''.
SEC. 104. INFORMATION ON DEATHS AND INJURIES INVOLVING MINORS;
INFORMATION DESCRIBING PROVISIONS OF FEDERAL CHILD LABOR
LAW.
Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212)
(as amended by section 103 of this Act) is further amended by adding at
the end the following new subsections:
``(f) If a minor in the course of employment suffers death, or an
injury resulting in lost work time of more than 3 working days, not
later than 10 days after the employer of the minor obtains knowledge of
the death or injury, such employer shall provide to the State agency a
written description of the death or injury.
``(g) The Secretary shall prepare and distribute to State
employment agencies written materials (suitable for posting and mass
distribution) that describe the provisions of Federal law and
regulations governing the employment of minors.''.
SEC. 105. HAZARDOUS CHILD LABOR OCCUPATIONS.
Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(l)) is amended by adding at the end the following new sentence:
``The Secretary shall find and by order declare that poultry
processing, fish and seafood processing, and pesticide handling (among
other occupations declared by the Secretary) are occupations that are
particularly hazardous for the employment of children between the ages
of 16 and 18 for purposes of this subsection.''.
SEC. 106. PROTECTION OF MINORS WHO ARE MIGRANT OR SEASONAL AGRICULTURAL
WORKERS.
(a) Definition of Oppressive Child Labor.--The first sentence of
section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(l))
is amended--
(1) by striking ``or'' before ``(2)''; and
(2) by inserting before the semicolon the following: ``, or
(3) any employee under the age of 14 years is employed in
agriculture, except where such employee is employed by a parent
of the employee, or by a person standing in the place of a
parent of the employee, on a farm owned or operated by such
parent or person''.
(b) Exemptions.--Section 13(c) of such Act (29 U.S.C. 213(c)) is
amended--
(1) in paragraph (1)--
(A) by striking ``(2) or (4)'' and inserting
``(2)''; and
(B) by striking ``employed, if such employee--''
and all that follows through the end and inserting
``employed, if such employee is 14 years of age or
older.''; and
(2) by striking paragraph (4).
SEC. 107. REPORTS.
Not later than 1, 2, and 3 years after the date of enactment of
this Act, the Secretary of Labor shall provide to the Committee on
Education and Labor of the House of Representatives and the Committee
on Labor and Human Resources of the Senate a report on actions taken to
carry out, and the effect of, this title and the amendments made by
this title, including national and State-by-State information on--
(1) certificates of employment issued to minors under
section 12(e) of the Fair Labor Standards Act of 1938 (as added
by section 103 of this Act); and
(2) deaths and injuries of minors occurring in the course
of employment that are reported under section 12(f) of the Fair
Labor Standards Act of 1938 (as added by section 104 of this
Act).
TITLE II--MISCELLANEOUS
SEC. 201. REGULATIONS.
The Secretary of Labor shall issue such regulations as are
necessary to carry out this Act and the amendments made by this Act.
SEC. 202. EFFECTIVE DATE.
This Act shall become effective 180 days after the date of
enactment of this Act. | TABLE OF CONTENTS
Title I: Child Labor Provisions
Title II: Miscellaneous
Child Labor Amendments of 1993 -
Title I: Child Labor Provisions
- Amends the Fair Labor Standards Act of 1938 to provide that a prior offense is not a prerequisite for imprisonment for willful violations of child labor provisions.
Makes willful violators of child labor provisions who are repeat offenders ineligible: (1) for any direct or indirect Federal grant, contract, or loan, for three years after determination; and (2) to pay a special training wage below the minimum wage rate.
Directs the Secretary of Labor (the Secretary) to make available to affected school districts for posting and distribution the name of each employer who violates child labor provisions or regulations, together with the location and nature of the violation.
Prohibits employment of any individual under age 18 who is not a high school graduate unless the employer has in effect a certificate for such employment issued annually with the approval of the minor's parents and appropriate local school officials. Requires employers to notify the State agency when they employ a minor.
Requires employers of minors who in the the course of employment suffer death or injury resulting in lost work time of more than three days to provide the State agency with a written description of the death or injury within days after its occurrence.
Directs the Secretary to find and declare as particularly hazardous for employment of children between the ages of 16 and 18 the following occupations (among others): (1) poultry processing; (2) fish and seafood processing; and (3) pesticide handling.
Sets forth child labor protections relating to migrant or seasonal agricultural labor. Prohibits under the definition of oppressive child labor, employing any person under the age of 14 in agriculture, except where the child's parent owns or operates the farm.
Directs the Secretary to report to specified congressional committees on actions taken to carry out, and the effect of, this Act, including national and State-by-State information on: (1) certificates of employment issued to minors; and (2) reports of deaths and injuries to minors during employment.
Title II: Miscellaneous
- Directs the Secretary to issue regulations to carry out this Act. | {"src": "billsum_train", "title": "Child Labor Amendments of 1993"} | 2,057 | 478 | 0.601563 | 1.875066 | 0.66736 | 3.075 | 4.356818 | 0.865909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Retrocession
Act of 1993''.
SEC. 2. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND.
(a) In General.--Upon the issuance of a proclamation by the
President under section 7 and except as provided in subsection (b), the
territory ceded to Congress by the State of Maryland to serve as the
District constituting the permanent seat of the Government of the
United States is ceded and relinquished to the State of Maryland.
(b) Continuation of Federal Control Over National Capital Service
Area.--Notwithstanding subsection (a), Congress shall continue to
exercise exclusive legislative authority and control over the District
of Columbia, which shall consist of the National Capital Service Area
described in section 4.
SEC. 3. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT OF COLUMBIA.
(a) Continuation of Suits.--No writ, action, indictment, cause, or
proceeding pending in any court of the District of Columbia on the
effective date of this Act shall abate as a result of the enactment of
this Act, but shall be transferred and shall proceed within such
appropriate court of the State of Maryland as established under the
laws or constitution of the State of Maryland.
(b) Appeals.--An order or decision of any court of the District of
Columbia for which no appeal has been filed as of the effective date of
this Act shall be considered an order or decision of a court of the
State of Maryland for purposes of appeal from and appellate review of
such order or decision in an appropriate court of the State of
Maryland.
SEC. 4. NATIONAL CAPITAL SERVICE AREA.
(a) Description.--The National Capital Service Area referred to in
section 2(b) is comprised of the principal Federal monuments, the White
House, the Capitol Building, the United States Supreme Court Building,
and the Federal executive, legislative, and judicial office buildings
located adjacent to the Mall and the Capitol Building (but shall not
include the District Building), and is more particularly described as
the territory located within the following boundaries:
Beginning at the point on the present Virginia-District of
Columbia boundary due west of the northernmost point of
Theodore Roosevelt Island and running due east of the eastern
shore of the Potomac River;
thence generally south along the shore at the mean high
water mark to the northwest corner of the Kennedy Center;
thence east along the north side of the Kennedy Center to a
point where it reaches the E Street Expressway;
thence east on the expressway to E Street Northwest and
thence east on E Street Northwest to Nineteenth Street
Northwest;
thence north on Nineteenth Street Northwest to F Street
Northwest;
thence east on F Street Northwest to Eighteenth Street
Northwest;
thence south on Eighteenth Street Northwest to Constitution
Avenue Northwest;
thence east on Constitution Avenue to Seventeenth Street
Northwest;
thence north on Seventeenth Street Northwest to H Street
Northwest;
thence east on H Street Northwest to Madison Place
Northwest;
thence south on Madison Place Northwest to Pennsylvania
Avenue Northwest;
thence east on Pennsylvania Avenue Northwest to Fifteenth
Street Northwest;
thence south on Fifteenth Street Northwest to Pennsylvania
Avenue Northwest;
thence southeast on Pennsylvania Avenue Northwest to Tenth
Street Northwest;
thence north on Tenth Street Northwest to E Street
Northwest;
thence east on E Street Northwest to Ninth Street
Northwest;
thence south on Ninth Street Northwest to Pennsylvania
Avenue Northwest;
thence southeast on Pennsylvania Avenue Northwest to John
Marshall Place Northwest;
thence north on John Marshall Place Northwest to C Street
Northwest;
thence east on C Street Northwest to Third Street
Northwest;
thence north on Third Street Northwest to D Street
Northwest;
thence east on D Street Northwest to Second Street
Northwest;
thence south on Second Street Northwest to the intersection
of Constitution Avenue Northwest and Louisiana Avenue
Northwest;
thence northeast on Louisiana Avenue Northwest to North
Capitol Street;
thence north on North Capitol Street to Massachusetts
Avenue Northwest;
thence southeast on Massachusetts Avenue Northwest so as to
encompass Union Square;
thence following Union Square to F Street Northeast;
thence east on F Street Northeast to Second Street
Northeast;
thence south on Second Street Northeast to D Street
Northeast;
thence west on D Street Northeast to First Street
Northeast;
thence south on First Street Northeast to C Street
Northeast;
thence east on C Street Northeast to Third Street
Northeast;
thence south on Third Street Northeast to Maryland Avenue
Northeast;
thence south and west on Maryland Avenue Northeast to
Constitution Avenue Northeast;
thence west on Constitution Avenue Northeast to First
Street Northeast;
thence south on First Street Northeast to Maryland Avenue
Northeast;
thence generally north and east on Maryland Avenue to
Second Street Northeast;
thence south on Second Street Northeast to East Capitol
Street;
thence east on East Capitol Street to Third Street
Northeast;
thence south on Third Street Northeast to Independence
Avenue Southeast;
thence west on Independence Avenue Southeast to Second
Street Southeast;
thence south on Second Street Southeast to C Street
Southeast;
thence west on C Street Southeast to New Jersey Avenue
Southeast;
thence south on New Jersey Avenue Southeast to D Street
Southeast;
thence west on D Street Southeast to Washington Avenue
Southwest;
thence north and west on Washington Avenue Southwest to the
intersection of Independence Avenue Southwest and Second Street
Southwest;
thence south on Second Street Southwest to Virginia Avenue
Southwest;
thence generally west on Virginia Avenue to Third Street
Southwest;
thence north on Third Street Southwest to C Street
Southwest;
thence west on C Street Southwest to Sixth Street
Southwest;
thence south on Sixth Street Southwest to E Street
Southwest;
thence west on E Street Southwest to Seventh Street
Southwest;
thence north on Seventh Street Southwest to Maryland Avenue
Southwest;
thence west on Maryland Avenue Southwest to Ninth Street
Southwest;
thence north on Ninth Street Southwest to Independence
Avenue Southwest;
thence west on Independence Avenue Southwest to Twelfth
Street Southwest;
thence south on Twelfth Street Southwest to D Street
Southwest;
thence west on D Street Southwest to Fourteenth Street
Southwest;
thence south on Fourteenth Street Southwest to the middle
of the Washington Channel;
thence generally south and east along the midchannel of the
Washington Channel to a point due west of the northern boundary
line of Fort Lesley McNair;
thence due east to the side of the Washington Channel;
thence following generally south and east along the side of
the Washington Channel at the mean high water mark, to the
point of confluence with the Anacostia River, and along the
northern shore at the mean high water mark to the northernmost
point of the Eleventh Street Bridge;
thence generally south and west along such shore at the
mean high water mark to the point of confluence of the
Anacostia and Potomac Rivers;
thence generally south and east along the northern side of
the Eleventh Street Bridge to the eastern shore of the
Anacostia River;
thence generally south along the eastern shore at the mean
high water mark of the Potomac River to the point where it
meets the present southeastern boundary line of the District of
Columbia;
thence south and west along such southeastern boundary line
to the point where it meets the present Virginia-District of
Columbia boundary;
thence generally north and west up the Potomac River along
the Virginia-District of Columbia boundary to the point of
beginning.
(b) Streets and Sidewalks.--The National Capital Service Area shall
include any street (and sidewalk thereof) that bounds such Area.
(c) Affronting or Abutting Federal Real Property.--
(1) In general.--The National Capital Service Area shall
include any Federal real property affronting or abutting such
Area as of the effective date of this Act.
(2) Property included.--For purposes of paragraph (1),
Federal real property affronting or abutting the National
Capital Service Area shall--
(A) include the Department of Housing and Urban
Development Building, the Department of Energy
Building, Fort Lesley McNair, the Washington Navy Yard,
the Anacostia Naval Annex, the United States Naval
Station, Bolling Air Force Base, and the Naval Research
Laboratory; and
(B) not include any portion of Rock Creek Park, any
portion of Anacostia Park east of the northern side of
the Eleventh Street Bridge, or any territory not
located in the District of Columbia on the day before
the date of the enactment of this Act.
SEC. 5. TRANSITION PROVISIONS RELATING TO HOUSE OF REPRESENTATIVES.
(a) Temporary Increase in Apportionment.--
(1) In general.--Until the taking effect of the first
reapportionment occurring after the effective date of this
Act--
(A) the individual serving as the Delegate to the
House of Representatives from the District of Columbia
shall serve as a member of the House of Representatives
from the State of Maryland;
(B) the State of Maryland shall be entitled to 1
additional Representative until the taking effect of
such reapportionment; and
(C) such Representative shall be in addition to the
membership of the House of Representatives as now
prescribed by law.
(2) Increase not counted against total number of members.--
The temporary increase in the membership of the House of
Representatives provided under paragraph (1) shall not operate
to either increase or decrease the permanent membership of the
House of Representatives as prescribed in the Act of August 8,
1911 (37 Stat. 13; 2 U.S.C. 2), nor shall such temporary
increase affect the basis of reapportionment established by the
Act of November 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the
82nd Congress and each Congress thereafter.
(b) Repeal of Laws Providing for Delegate from the District of
Columbia.--Sections 202 and 204 of the District of Columbia Delegate
Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Code) are
repealed, and the provisions of law amended or repealed by such
sections are restored or revived as if such sections had not been
enacted.
SEC. 6. EFFECT ON OTHER LAWS.
No law or regulation which is in force on the effective date of
this Act shall be deemed amended or repealed by this Act except to the
extent specifically provided in this Act, or to the extent that such
law or regulation is inconsistent with this Act.
SEC. 7. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY MARYLAND.
Not later than 30 days after the State of Maryland enacts
legislation accepting the retrocession described in section 2(a), the
President shall issue a proclamation announcing such acceptance and
declaring that the territory ceded to Congress by the State of Maryland
to serve as the District constituting the permanent seat of the
Government of the United States has been ceded back to the State of
Maryland.
SEC. 8. EFFECTIVE DATE.
The provisions of this Act and the amendments made by this Act
shall take effect on the date the President issues a proclamation under
section 7 or the date of the ratification of an amendment to the
Constitution of the United States repealing the twenty-third article of
amendment to the Constitution, whichever comes later. | District of Columbia Retrocession Act of 1993 - Retrocedes the District of Columbia to Maryland after Maryland's acceptance of such retrocession. Maintains the exclusive legislative authority and control of the Congress over the National Capital Service Area in the District of Columbia. | {"src": "billsum_train", "title": "District of Columbia Retrocession Act of 1993"} | 2,450 | 53 | 0.587257 | 1.448055 | 0.914705 | 2.869565 | 49.434783 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Entrepreneurial New and Small
Business Capital Formation Act of 1995''.
SEC. 2. ROLLOVER OF CAPITAL GAINS ON CERTAIN SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN ON SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
eligible small business investment with respect to which the taxpayer
elects the application of this section, gain from such sale shall be
recognized only to the extent that the amount realized on such sale
exceeds--
``(1) the cost of any other eligible small business
investment purchased by the taxpayer during the 6-month period
beginning on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
This section shall not apply to any gain which is treated as ordinary
income for purposes of this subtitle.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(2) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, which
is originally issued after December 31, 1994, if--
``(A) as of the date of issuance, such corporation
or partnership is a qualified small business entity,
and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter)--
``(i) in exchange for money or other
property (not including stock), or
``(ii) as compensation for services (other
than services performed as an underwriter of
such stock or partnership interest).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(3) Active business requirement.--Stock in a corporation,
and a partnership interest in a partnership, shall not be
treated as eligible small business investment unless, during
substantially all of the taxpayer's holding period for such
stock or partnership interest, such corporation or partnership
meets the active business requirements of subsection (c). A
rule similar to the rule of section 1202(c)(2)(B) shall apply
for purposes of this section.
``(4) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $20,000,000,
``(ii) at all times before such issuance,
such entity (and any predecessor thereof) had
aggregate gross assets (as defined in section
1202(d)(2)) of less than $25,000,000, and
``(iii) at all times before such issuance,
the excess of the fair market value of the
assets of such entity (and any predecessor
thereof) over the liabilities of such entity
was less than $10,000,000.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection
(a) or (b) of section 52 shall be treated as one
person for purposes of subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Active Business Requirement.--
``(1) In general.--For purposes of subsection (b)(3), the
requirements of this subsection are met by a qualified small
business entity for any period if--
``(A) the entity is engaged in the active conduct
of a trade or business, and
``(B) at least 80 percent (by value) of the assets
of such entity are used in the active conduct of a
trade or business.
``(2) Special rule for certain activities.--For purposes of
paragraph (1), if, in connection with any future trade or
business, an entity is engaged in--
``(A) startup activities described in section
195(c)(1)(A),
``(B) activities resulting in the payment or
incurring of expenditures which may be treated as
research and experimental expenditures under section
174, or
``(C) activities with respect to in-house research
expenses described in section 41(b)(4),
such entity shall be treated with respect to such activities as
engaged in (and assets used in such activities shall be treated
as used in) the active conduct of a trade or business. Any
determination under this paragraph shall be made without regard
to whether the entity has any gross income from such activities
at the time of the determination.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (5), (6), (7), and (8) of section 1202(e) shall
apply for purposes of this subsection.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Basis Adjustments.--If gain from any sale is not recognized
by reason of subsection (a), such gain shall be applied to reduce (in
the order acquired) the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 6-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing other
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase
other eligible small business investment within the 6-
month period described in subsection (a), or
``(C) a failure to make such purchase within such
6-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.''
(b) Conforming Amendment.--Paragraph (23) of section 1016(a) of
such Code is amended--
(1) by striking ``or 1044'' and inserting ``, 1044, or
1045'', and
(2) by striking ``or 1044(d)'' and inserting ``, 1044(d),
or 1045(e)''.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain on small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 1994.
SEC. 3. LOSSES ON ELIGIBLE SMALL BUSINESS INVESTMENTS.
(a) In General.--Part IV of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to special rules for
determining gains and losses) is amended by inserting after section
1244 the following new section:
``SEC. 1244A. LOSSES ON ELIGIBLE SMALL BUSINESS INVESTMENTS.
``If--
``(1) a loss is on any eligible small business investment
(as defined in section 1045(b)), and
``(2) such loss would (but for this section) be a loss from
the sale or exchange of a capital asset,
then such loss shall be treated as an ordinary loss. For purposes of
section 172 (relating to the net operating loss deduction), any amount
of loss treated by reason of this section as an ordinary loss shall be
treated as attributable to a trade or business of the taxpayer.''
(b) Clerical Amendment.--The table of sections for such part IV is
amended by inserting after the item relating to section 1244 the
following new item:
``Sec. 1244A. Losses on eligible small
business investments.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 1994. | Entrepreneurial New and Small Business Capital Formation Act of 1995 - Amends the Internal Revenue Code to recognize, if elected by the taxpayer, gain (other than ordinary income) on the sale of any eligible small business investment only to the extent the amount realized exceeds the cost of any other small business investment purchased by the taxpayer during the previous six months. Applies to the amendments made by this Act rules (from provisions relating to a 50 percent exclusion for gain from certain small business stock) relating to stock conversion, pass-through entities, transfers, and short positions. Mandates basis reductions for unrecognized gain. Treats a loss on an eligible small business investment, if the loss would otherwise be from the sale or exchange of a capital asset, as an ordinary loss. | {"src": "billsum_train", "title": "Entrepreneurial New and Small Business Capital Formation Act of 1995"} | 2,103 | 172 | 0.607404 | 1.690682 | 0.821878 | 2.778523 | 13.020134 | 0.85906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings Enhancement for Education in
College Act''.
SEC. 2. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A QUALIFIED HIGHER
EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS.
(a) In General.--Section 529(e)(3)(A) of the Internal Revenue Code
of 1986 is amended by striking ``and'' at the end of clause (i), by
striking the period at the end of clause (ii), and by adding at the end
the following:
``(iii) expenses paid or incurred for the
purchase of any computer technology or
equipment (as defined in section
170(e)(6)(F)(i)) or Internet access and related
services, if such technology, equipment, or
services are to be used primarily by the
designated beneficiary while enrolled at an
eligible educational institution.
Clause (iii) shall not include expenses for computer
software designed for sports, games, or hobbies unless
the software is predominantly educational in nature.''.
(b) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after December 31, 2010, in taxable
years ending after such date.
SEC. 3. CREDIT FOR CONTRIBUTIONS TO 529 PLANS.
(a) In General.--Subsection (d) of section 25B of the Internal
Revenue Code of 1986 (relating to elective deferrals and IRA
contributions by certain individuals) is amended by redesignating
paragraph (2) as paragraph (3) and by inserting after paragraph (1) the
following new paragraph:
``(2) Contributions to qualified tuition programs.--
``(A) In general.--The term `qualified savings
contribution' includes the amount of any purchase or
contribution described in paragraph (1)(A) of section
529(b) to a qualified tuition program (as defined in
such section) if--
``(i) the taxpayer has the power to
authorize distributions and otherwise
administer the account, and
``(ii) the designated beneficiary of such
purchase or contribution is the taxpayer, the
taxpayer's spouse, or an individual with
respect to whom the taxpayer is allowed a
deduction under section 151.
``(B) Limitation based on compensation.--The amount
treated as a qualified savings contribution by reason
of subparagraph (A) for any taxable year shall not
exceed the sum of--
``(i) the compensation (as defined in
section 219(f)(1)) includible in the taxpayer's
gross income for the taxable year, and
``(ii) the amount excluded from the
taxpayer's gross income under section 112
(relating to combat pay) for such year.
``(C) Determination of adjusted gross income.--
Solely for purposes of determining the applicable
percentage under subsection (b) which applies with
respect to the amount treated as a qualified savings
contribution by reason of subparagraph (A), adjusted
gross income (determined without regard to this
subparagraph) shall be increased by the excess (if any)
of--
``(i) the social security benefits received
during the taxable year (within the meaning of
section 86), over
``(ii) the amount included in gross income
for such year under section 86.''.
(b) Conforming Amendments.--
(1) Section 25B of such Code is amended by striking
``qualified retirement savings'' each place it appears in the
text and inserting ``qualified savings''.
(2) The subsection heading for section 25B(d) of such Code
is amended by striking ``Retirement''.
(3) Subparagraph (A) of section 25B(d)(3) of such Code, as
redesignated by subsection (a), is amended--
(A) by striking ``paragraph (1)'' the first place
it appears and inserting ``paragraph (1) or (2)'', and
(B) by striking ``paragraph (1)'' the second place
it appears and inserting ``paragraph (1), or (2), as
the case may be,''.
(4) The heading for section 25B of such Code is amended by
striking ``and ira contributions'' and inserting ``, ira
contributions, and qualified tuition program contributions''.
(5) 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 25B and inserting the following
new item:
``Sec. 25B. Elective deferrals, IRA contributions, and qualified
tuition program contributions by certain
individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after December 31, 2010, in taxable years
ending after such date.
SEC. 4. INVESTMENT DIRECTION UNDER QUALIFIED TUITION PROGRAMS.
(a) In General.--Paragraph (4) of section 529(b) of the Internal
Revenue Code of 1986 (relating to investment direction) is amended by
striking the period at the end and inserting ``more frequently than 4
times per calendar year.''.
(b) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2010.
SEC. 5. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO
QUALIFIED TUITION PROGRAMS.
(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 inserting after section 127 the
following new section:
``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS.
``(a) In General.--Gross income of an employee does not include
amounts paid by the employer as contributions to a qualified tuition
program held by the employee or spouse of the employee if the
contributions are made pursuant to a program which is described in
subsection (b).
``(b) Maximum Exclusion.--The amount excluded from the gross income
of an employee under this section for the taxable year shall not exceed
$600.
``(c) Qualified Tuition Assistance Program.--For purposes of this
section, a qualified tuition assistance program is a separate written
plan of an employer for the benefit of such employer's employees--
``(1) under which the employer makes matching contributions
to qualified tuition programs of--
``(A) such employees,
``(B) their spouses, or
``(C) any individual with respect to whom such an
employee or spouse--
``(i) is allowed a deduction under section
151, and
``(ii) has the power to authorize
distributions and otherwise administer such
individual's account under the qualified
tuition program, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), (4), (5), and (6) of section 127(b).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified tuition program.--The term `qualified
tuition program' means a qualified tuition program as defined
in section 529(b).
``(2) Employee and employer.--The terms `employee' and
`employer' shall have the meaning given such terms by
paragraphs (2) and (3), respectively, of section 127(c).
``(3) Applicable rules.--Rules similar to the rules of
paragraphs (4), (5), (6), and (7) of section 127(c) shall
apply.
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2011, the $600 amount
contained in subsection (b)(1) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2010' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50.
``(f) Cross Reference.--For reporting and recordkeeping
requirements, see section 6039D.''.
(b) Exclusion From Employment Taxes.--
(1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of
such Code are each amended by inserting ``127A,'' after
``127,'' each place it appears.
(2) Section 3231(e)(6) of such Code is amended by striking
``section 127'' and inserting ``section 127 or 127A''.
(c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1)
of such Code is amended by inserting ``127A,'' after ``127,''.
(d) Other Conforming Amendments.--
(1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such
Code are each amended by inserting ``127A,'' after ``127,''
each place it appears.
(2) Section 132(j)(8) of such Code is amended by striking
``section 127'' and inserting ``section 127 or 127A''.
(3) Section 1397(a)(2)(A) of such Code is amended by
inserting at the end the following new clause:
``(iii) Any amount paid or incurred by an
employer which is excludable from the gross
income of an employee under section 127A, but
only to the extent paid or incurred to a person
not related to the employer.''.
(4) Section 209(a)(15) of the Social Security Act (42
U.S.C. 409(a)(15)) is amended by striking ``or 129'' and
inserting ``, 127A, or 129''.
(e) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 127 the following new item:
``Sec. 127A. Employer contributions to qualified tuition programs.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Savings Enhancement for Education in College Act - Amends the Internal Revenue Code to: (1) make permanent the allowance for payment of expenses for computer technology and equipment from qualified tuition programs, (2) allow a tax credit for contributions to such programs, (3) allow limited direction of investment of contributions or earnings in a qualified tuition program, and (4) allow an exclusion, up to $600, from the gross income of an employee for employer contributions to a qualified tuition program. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to treat computer technology and equipment as eligible higher education expenses for 529 plans, to allow certain individuals a credit against income tax for contributions to 529 plans, and for other purposes."} | 2,409 | 99 | 0.522 | 1.271166 | 0.713229 | 2.395833 | 21.510417 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Put America to Work Act of 2009''.
SEC. 2. GRANTS TO STATES, UNITS OF GENERAL LOCAL GOVERNMENT, AND INDIAN
TRIBES.
(a) Establishment.--Subject to the availability of appropriations
for such purpose, the Secretary of Labor shall make grants to States,
units of general local government, and Indian tribes to carry out
activities in accordance with this Act.
(b) Purpose.--The purpose of this program is to create employment
opportunities for unemployed and underemployed residents of distressed
communities in activities designed to address community needs and
reduce disparities in health, housing, education, job readiness, and
public infrastructure that have impeded these communities from
realizing their full economic potential.
(c) Eligibility.--For purposes of the grant program under this Act,
an eligible entity is--
(1) a unit of general local government, including a
metropolitan city or an urban county;
(2) a State; or
(3) an Indian tribe.
(d) Use of Funds.--A recipient of a grant under this section shall
use the grant for the following purposes:
(1) For the 9-month period after the date of the enactment
of this Act, the grant shall be used only to fund the following
types of fast-track job placements:
(A) The painting and repair of schools, community
centers, and libraries.
(B) The restoration and revitalization of abandoned
and vacant properties to alleviate blight in distressed
and foreclosure-affected areas of a unit of general
local government.
(C) The expansion of emergency food programs to
reduce hunger and promote family stability.
(D) The augmentation of staffing in Head Start,
child care, and other early childhood education
programs to promote school readiness and early
literacy.
(E) The renovation and enhancement of maintenance
of parks, playgrounds, and other public spaces.
(2) During the 9-month period after the date of the
enactment of this Act, the grant recipients shall consult with
community leaders, including labor organizations, non-profit
organizations, local government officials, and local residents
to--
(A) assess the needs of the community served by the
grant recipient;
(B) determine sectors of the local economy that are
in need of employees;
(C) make recommendations for new employment
opportunities in the areas described in paragraph (3);
and
(D) assess the effectiveness of job placements made
under paragraph (1).
(3) Not later than 9 months after the recipient of a grant
begins to use the grant to fund fast-track job placements under
paragraph (1), the recipient shall use the remaining amount of
the grant to make grants to public entities, nonprofit
organizations, public-private partnerships, or small businesses
to create opportunities for employment in the following areas:
(A) Construction, re-construction, rehabilitation,
and site improvements of residences or public
facilities, including improvements in the energy
efficiency or environmental quality of such public
facilities or residences.
(B) Provision of human services, including child
care services, health care services, education, or
recreational programs.
(C) The remediation and demolition of vacant and
abandoned properties to eliminate blight.
(D) Programs that provide disadvantaged youth with
opportunities for employment, education, leadership
development, entrepreneurial skills development, and
training.
(e) Conditions.--As a condition of receiving a grant under this
section, a grant recipient shall--
(1) agree to comply with the nondiscrimination policy set
forth under section 109 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5309);
(2) allocate not less than 80 percent of the funding
allocated to each project funded under the grant to wages,
benefits, and support services, including child care services,
for individuals employed on such project;
(3) ensure that employment on any project funded under the
grant is carried out in accordance with subsection (f);
(4) institute an outreach program with community
organizations and service providers in low-income communities
to provide information about placements funded under the grant
to individuals suited to perform community infrastructure work;
and
(5) ensure that not less than 35 percent of individuals
employed under the grant are individuals descibed in paragraph
(5)(B) of subsection (f).
(f) Employment Described.--Employment funded under this section
shall meet the following specifications:
(1) Any employer that employs an individual whose
employment is funded under the grant shall--
(A) employ such individual for not less than 12
months;
(B) employ such individual for not less than 30
hours per week;
(C) comply with responsible contractor standards,
as determined by the relevant official in the unit of
local general government;
(D) provide compensation to such individual equal
to that which is paid to employees who have been
employed to perform similar work prior to the date such
individual was hired; and
(E) if such employment is in construction, provide
compensation to any laborer or mechanic employed under
the grant at rates not less than those prevailing on
similar construction in the locality as determined by
the Secretary of Labor in accordance with subchapter IV
of chapter 31 of title 40, United States Code.
(2) No individual whose employment is funded under the
grant may work for an employer at which a collective bargaining
agreement is in effect covering the same or similar work,
unless--
(A) the consent of the union at such employer is
obtained; and
(B) negotiations have taken place between such
union and the employer as to the terms and conditions
of such employment.
(3) An individual whose employment is funded under this Act
may not displace other employees whose employment is not funded
under this Act. A grant recipient under this Act may not hire
an employee or employees with funds under this Act for any
employment which the grant recipient would otherwise hire an
employee who has been furloughed.
(4) An individual whose employment is funded under this Act
shall be--
(A) unemployed for not less than 26 weeks prior to
the reciept of the grant, as verified by the State or
local department of labor, department of welfare, or
similar office charged with maintaining records of
unemployment; or
(B) unemployed for not less than 30 days prior to
the reciept of the grant and be a low-income individual
who is a member of a targeted group (as defined by
section 51(d) of the Internal Revenue Code of 1986) as
verified by the State or local department of labor,
department of welfare, or similar office charged with
maintaining records of unemployment.
For purposes of subparagraph (B), the hiring date (as defined
in section 51(d)(11) of such Code) shall be the hiring date by
an employer who receives a grant pursuant to this section.
(g) Award of Grants.--
(1) Selection criteria.--In selecting a project to receive
funding for employing the individuals described in subsection
(f)(5), a grant recipient shall consider--
(A) the input of all participants in a proposed
project, including labor organizations, community
organizations, and employers;
(B) the needs of the community intended to benefit
from such project;
(C) the long-term goals and short term objectives
to address such needs; and
(D) any recommendations for programs and activities
developed to meet such needs.
(2) Priority given to certain projects.--A grant recipient
under this section shall give priority to projects that--
(A) serve areas with the greatest level of economic
need, determined for each such area by--
(i) the unemployment rate;
(ii) the rate of poverty;
(iii) the number of census tracts with
concentrated poverty;
(iv) the lowest median income;
(v) the percentage of vacant and abandoned
properties;
(vi) the percentage of home foreclosures;
and
(vii) the indicators of poor resident
health, including high rates of chronic
disease, infant mortality, and life expectancy;
(B) integrate education and job skills training,
including basic skills instruction and secondary
education services;
(C) coordinate to the maximum extent feasible with
pre-apprenticeship and apprenticeship programs; and
(D) provide jobs in sectors where job growth is
most likely, as determined by the Secretary, and in
which career advancement opportunites exist to maximize
long-term, sustainable employment for individuals after
employment funded under this Act ends.
(h) Allocation of Grants.--
(1) Grants for indian tribes and deposits into
discretionary fund.--Not more than 5percent of the funds
appropriated to carry out this Act for any fiscal year shall be
reserved for grants to Indian tribes and for deposit into a
discretionary fund established by the Secretary for national
demonstration projects and multi-jurisdictional projects.
(2) Grants to states.--Not more than 30 percent of funds
appropriated to carry out this Act for any fiscal year shall be
allocated to States to distribute to units of general local
government that do not qualify for funds under paragraph (3).
(3) Grants to units of general local government.--Grant
funds that are not reserved under paragraphs (1) and (2) shall
be allocated to metropolitan cities and urban counties using
the formula under section 106(b) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306(b)).
(i) Reports.--
(1) Reports by grant recipients.--Not later than 90 days
after the last day of each fiscal year in which assistance
under this section is furnished, a recipient of a grant under
this section shall submit to the Secretary a report containing
the following:
(A) A description of the progress made in
accomplishing the objectives of this chapter.
(B) A summary of the use of the grant during the
preceding fiscal year.
(C) For units of general local government, a
listing of each entity receiving funds and the amount
of such grants, as well as a brief summary of the
projects funded for each such unit, the extent of
financial participation by other public or private
entities, and the impact on employment and economic
activity of such projects during the previous fiscal
year.
(D) For States, a listing of each unit of general
local government receiving funds and the amount of such
grants, as well as a brief summary of the projects
funded for each such unit, the extent of financial
participation by other public or private entities, and
the impact on employment and economic activity of such
projects during the previous fiscal year.
(E) The amount of money received and expended
during the fiscal year.
(F) The number of individuals assisted under the
grant whose household income is low-income, very low-
income, or extremely low-income (as such terms are used
for purposes of the Housing Act of 1937 and the
regulations thereunder (42 U.S.C. 1437 et seq.)).
(G) The amount expended on administrative costs
during the fiscal year.
(2) Report to congress.--At least once every 6 months, the
Secretary shall submit to Congress a report on the use of
grants awarded under this section and any progress in job
creation.
(j) Definitions.--In this section:
(1) The term ``State'' has the meaning given such term in
section 5302(2) of title 42, United States Code.
(2) The term ``unit of general local government'' has the
meaning given such term in section 5302(1) of title 42, United
States Code.
(3) The term ``Indian tribe'' has the meaning given such
term in section 5302(17) of title 42, United States Code.
(4) The term ``small business'' has the meaning given the
term ``small business concern'' under section 3 of the Small
Business Act (15 U.S.C. 632).
(5) The term ``metropolitan city'' has the meaning given
such term in section 5302(4) of title 42, United States Code.
(6) The term ``urban county'' has the meaning given such
term in section 5302(6) of title 42, United States Code.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $40,000,000,000 for each of
fiscal years 2010 and 2011 to carry out this Act. Amounts appropriated
pursuant to this section shall remain available until expended. | Put America to Work Act of 2009 - Directs the Secretary of Labor to make grants to states, local government units, and Indian tribes to create employment opportunities for unemployed and underemployed residents of distressed communities.
Specifies grant uses, including funding of fast-track jobs for: (1) painting and repair of schools, community centers, and libraries; (2) restoration of abandoned and vacant properties; (3) expansion of emergency food programs to reduce hunger; (4) augmentation of staffing in Head Start and other early childhood education programs; and (5) renovation and maintenance of parks, playgrounds, and other public spaces.
Requires grant recipients to use remaining grant funds to make grants to public entities, nonprofit organizations, public-private partnerships, or small businesses to create employment opportunities in: (1) construction, rehabilitation, and improvements in energy efficiency of residences or public facilities; (2) the provision of human services; (3) remediation and demolition of vacant and abandoned properties; and (4) programs that provide opportunities for employment, education, and training for disadvantaged youth. | {"src": "billsum_train", "title": "To direct the Secretary of Labor to make grants to States, units of general local government, and Indian tribes for the purpose of creating employment opportunities for unemployed and underemployed residents in distressed communities."} | 2,624 | 214 | 0.660233 | 1.930472 | 0.894212 | 4.411215 | 12.11215 | 0.981308 |
SECTION 1. SHORT TITLE; REFERENCE TO SOCIAL SECURITY ACT.
(a) Short Title.--This Act may be cited as the ``Medicaid
Eligibility Simplification Act.''
(b) Reference to Social Security Act.--Except as otherwise
specifically provided, whenever in this Act 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. 2. COVERAGE OF PREGNANCY RELATED SERVICES FOR ALIEN WOMEN DURING
PREGNANCY.
(a) In General.--Section 1903(v) (42 U.S.C. 1396b(v)) is amended--
(1) in paragraph (1) by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) in paragraph (2) by striking ``only'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph:
``(3) Payment shall be made under this section for care and
services that are furnished, at the option of the State, to an alien
woman described in paragraph (1) during pregnancy if--
``(A) such care and services would be available to a woman
described in section 1902(l)(1)(A), and
``(B) such alien woman otherwise meets the eligibility
requirements for medical assistance under the State plan
approved under this title (other than the requirement of the
receipt of aid or assistance under title IV, supplemental
security income benefits under title XVI, or a State
supplementary payment).''.
(b) Effective Date.--The amendments made by this section shall
apply to payments under title XIX of the Social Security Act for
calendar quarters beginning on or after October 1, 1993.
SEC. 3. SIMPLIFICATION OF APPLICATION PROCESS FOR ALIENS.
(a) In General.--Section 1902 (42 U.S.C. 1396a) is amended by
adding at the end the following new subsection:
``(z) Notwithstanding any other provision of law, in order to meet
the requirements of subsection (a)(46) and section 1137 a State may
provide that the signature of an adult representative of each household
that is applying for medical assistance under this title is sufficient
to comply with any provisions of Federal law requiring household
members to sign the application or statements in connection with the
application process for such medical assistance, but only if such
representative certifies in writing, under penalty of perjury, that the
information contained in the application for medical assistance is true
and that all members of the household applying for such medical
assistance are either citizens or nationals of the United States or are
eligible to receive such assistance under this title.''.
(b) Conforming Amendment.--Section 1902(a)(46) (42 U.S.C.
1936a(a)(46)) is amended by inserting ``except as provided in
subsection (z),'' after ``(46)''.
(c) Effective Date.--The amendments made by this section shall
apply to applications for medical assistance under title XIX of the
Social Security Act beginning on or after October 1, 1993.
SEC. 4. ELIGIBILITY DETERMINATIONS FOR CERTAIN MONTHS IN THE CASE OF
INDIVIDUALS WITH WEEKLY OR BIWEEKLY INCOME.
(a) In General.--Section 1611(c) (42 U.S.C. 1382(c)) is amended--
(1) in paragraph (1), by inserting ``(subject to paragraph
(8))'' after ``An individual's eligibility for a benefit under
this title for a month''; and
(2) by adding at the end the following new paragraph:
``(8)(A) If an individual is paid or otherwise receives income in
any month on a regular weekly or biweekly basis (or is deemed under
section 1614(f) to have income so paid or received), the determination
under paragraph (1) of an individual's eligibility for benefits under
this title for such month shall be made by treating such amounts as
having been paid or received on a monthly basis at the same annual rate
if such treatment would result in the individual becoming eligible for
such benefits.
``(B) For purposes of subparagraph (A)--
``(i) the annual rate of income being paid to or received
by an individual on a weekly basis in any month is 52 times the
amount of the weekly income during such month (or of the
average weekly income, if there is a change in the actual
weekly rate during such month), and the annual rate of income
being paid to or received by an individual on a biweekly basis
in any month is 26 times the amount of the biweekly income
during such month (or of the average biweekly income, if there
is a change in the actual biweekly rate during such month); and
``(ii) the amount of such income to be considered as being
paid to or received by an individual on a regular monthly basis
at the `same annual rate' (in such month) is \1/12\ of the
annual rate determined under clause (i) with respect to the
weekly or biweekly income involved.''.
(b) Effective Date.--The amendments made by this section shall
become effective with respect to determinations of eligibility
beginning on or after October 1, 1993.
SEC. 5. OPTIONAL REPORTING REQUIREMENTS UNDER MEDICAID TRANSITIONAL
MEDICAL ASSISTANCE.
(a) In General.--Section 1925(b)(2)(B) (42 U.S.C. 1396r-6(b)(2)(B))
is amended--
(1) in clause (i), by striking ``Each State shall'' and
inserting ``A State may''; and
(2) in clause (ii), by striking ``Each State shall'' and
inserting ``A State may''.
(b) Conforming Amendments.--Section 1925 (42 U.S.C. 1396r-6) is
amended--
(1) in subsection (a)(2)(A), by inserting ``, if any,''
after ``subsection (b)(2)(B)(i)'';
(2) in subsection (b)(1), by inserting ``, if any,'' after
``paragraph (2)(B)(i)'';
(3) in subsection (b)(2)(A)(i), by inserting ``if any,''
after ``subparagraph (B)(i),'' and ``subparagraph (B)(ii),'';
(4) in subsection (b)(2)(A)(ii), by inserting ``, if any,''
after ``subparagraph (B)(ii)'';
(5) in subsection (b)(3)(A)(iii), by inserting ``the State
does not require the reporting of such information, or'' after
``unless''; and
(6) the last sentence of subsection (b)(3)(A), is amended
to read as follows: ``If a State requires a family to report
information under paragraph (2)(B)(ii), the State shall make
determinations under clause (iii)(III) for a family each time
such a report is received.''.
(c) Effective Date.--The amendments made by this section shall
apply to eligibility determinations for calendar quarters beginning on
or after October 1, 1993.
SEC. 6. PRESUMPTIVE ELIGIBILITY FOR PREGNANT WOMEN.
(a) Qualified Provider.--Section 1920 (42 U.S.C. 1396r-1) is
amended in subsection (b)(2) by inserting ``any individual who is
employed by the State and who is determined by the State agency to be
capable of making determinations of the type described in paragraph
(1)(A) or'' after ``the term `qualified provider' means''.
(b) Effective Date.--The amendments made by this section shall
apply to payments under title XIX of the Social Security Act for
calendar quarters beginning on or after October 1, 1993.
SEC. 7. MODIFICATION TO INCOME REQUIREMENTS FOR PREGNANT WOMEN AND
COVERAGE FOR REPRODUCTIVE HEALTH SERVICES.
(a) Coverage for Reproductive Health Services.--Section 1902(e)(6)
(42 U.S.C. 1396a(e)(6)) is amended--
(1) by striking ``(6) In the case'' and inserting ``(6)(A)
In the case'';
(2) by inserting ``and, with respect to reproductive health
services (as defined in subparagraph (B)), such woman shall be
deemed to continue to be an individual described in subsection
(a)(10)(A)(i)(IV) and subsection (l)(1)(A) without regard to
such change of income through the last day of the month in
which the 18-month period (beginning with the month following
the month in which occurs the last day of her pregnancy) ends''
after ``her pregnancy) ends''; and
(3) by adding at the end the following new subparagraph:
``(B) For purposes of this paragraph, the term ``reproductive
health services'' means--
``(i) services related to contraception (including
contraceptive supplies), voluntary sterilization, screening for
sexually transmitted diseases and cancer of the reproductive
system, preconceptional risk assessment and care, maternity
care (including prenatal, delivery, and postnatal care), and
``(ii) services providing information and education
necessary to the effectiveness of the services described in
clause (i).
(b) Effective Date.--The amendments made by this section shall
apply to payments under title XIX of the Social Security Act for
calendar quarters beginning on or after October 1, 1993.
SEC. 8. MEDICARE PREMIUMS AND COST-SHARING FOR MEDICALLY NEEDY
INDIVIDUALS.
(a) In General.--Section 1905(p)(1)(B) (42 U.S.C. 1396d(p)(1)(B))
is amended by inserting ``or, at the option of the State, who is
eligible under section 1902(a)(10)(C)'' after ``paragraph (2)''.
(b) Effective Date.--The amendments made by this section shall
apply to payments under title XIX of the Social Security Act for
calendar quarters beginning on or after October 1, 1993.
SEC. 9. CLARIFICATION OF INCOME METHODOLOGY USED IN DETERMINING
ELIGIBILITY OF CERTAIN MEDICALLY NEEDY INDIVIDUALS FOR
MEDICAID BENEFITS.
(a) In General.--Section 1903(f) (42 U.S.C. 1396b(f)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) With respect to the methodology to be used in
determining income and resource eligibility for individuals
under section 1902(a)(10)(C)(i)(III), the applicable income
limitation described in paragraph (1)(B) shall be compared to
the adjusted income of such individuals after the State income
methodology has been applied, including methodology allowed
under section 1902(r)(2).''.
(b) Conforming Amendment.--Section 1903(f)(1)(A) (42 U.S.C.
1396b(f)(1)(A)) is amended by striking ``(4)'' and inserting ``(5)''. | Medicaid Eligibility Simplification Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) permit States to extend Medicaid coverage of prenatal care services to alien pregnant women who are neither officially nor under color of law permanent residents of the United States, but who are otherwise eligible for medical assistance under Medicaid; and (2) provide for simplification of the application process for enrollment in Medicaid.
Amends SSA title XVI (Supplemental Security Income) (SSI) to preserve the Medicaid and SSI eligibility of individuals who would otherwise become ineligible for Medicaid benefits and SSI payments due to their receipt of weekly or biweekly income.
Amends the Medicaid program: (1) to make optional currently mandatory reporting requirements under program provisions extending Medicaid coverage to eligible families making the transition from welfare to work; (2) with respect to program provisions concerning presumptive eligibility for pregnant women to include as a qualified provider any individual employed by the State and capable of making determinations of the type described under such provisions; (3) to revise the definition of qualified Medicare beneficiary and income requirements relating to pregnant women and coverage of reproductive health services; and (4) with respect to the income methodology used in determining the eligibility of certain individuals for Medicaid benefits. | {"src": "billsum_train", "title": "Medicaid Eligibility Simplification Act"} | 2,673 | 273 | 0.53754 | 1.472638 | 0.648473 | 2.17551 | 8.853061 | 0.836735 |
SECTION 1. CHARTER FOR PULASKI CADETS, LTD.
Part B of subtitle II of title 36, United States Code, is amended--
(1) by striking the following:
``CHAPTER 2501--[RESERVED]'';
and
(2) by inserting the following:
``CHAPTER 2501--PULASKI CADETS, LTD.
``Sec.
``250101. Organization.
``250102. Purposes.
``250103. Membership.
``250104. Governing body.
``250105. Powers.
``250106. Exclusive right to name, seals, emblems, and badges.
``250107. Restrictions.
``250108. Duty to maintain tax-exempt status.
``250109. Principal office.
``250110. Records and inspection.
``250111. Service of process.
``250112. Liability for acts of officers and agents.
``250113. Annual report.
``Sec. 250101. Organization
``(a) Federal Charter.--The Pulaski Cadets, Ltd. (in this chapter,
the `corporation'), incorporated in New York, is a federally chartered
corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.
``Sec. 250102. Purposes
``The purposes of the corporation are as provided in the articles
of incorporation and include--
``(1) to perpetuate the history of General Kazimierz
Pulaski and military personnel of Polish origin with other
nationals who served with the Continental Army of America in
the war of our Independence;
``(2) to promote Americanism, patriotism, and establish a
military unit to encourage willingness to serve and defend
these United States of America; and
``(3) to maintain a nonbiased military and social structure
to assist and prepare all members eligible for basic military
training for the purpose of enlisting in all branches and
components of the United States Military Services.
``Sec. 250103. Membership
``Eligibility for membership in the corporation and the rights and
privileges of membership are as provided in the bylaws.
``Sec. 250104. Governing body
``(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the articles of
incorporation.
``(b) Officers.--The officers and the election of officers are as
provided in the articles of incorporation.
``Sec. 250105. Powers
``The corporation shall have only the powers provided in its bylaws
and articles of incorporation filed in each State in which it is
incorporated.
``Sec. 250106. Exclusive right to name, seals, emblems, and badges
``The corporation has the exclusive right to use the names `Pulaski
Cadets, Ltd.' and `Pulaski Cadets' and any seals, emblems, and badges
relating thereto that the corporation adopts.
``Sec. 250107. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation or a director or
officer as such may not contribute to, support, or participate in any
political activity or in any manner attempt to influence legislation.
``(c) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a director, officer, or member during the life of the charter granted
by this chapter. This subsection does not prevent the payment of
reasonable compensation to an officer or member in an amount approved
by the board of directors.
``(d) Loans.--The corporation may not make any loan to a director,
officer, or employee.
``(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of
the United States Government for any of its activities.
``Sec. 250108. Duty to maintain tax-exempt status
``The corporation shall maintain its status as an organization
exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C.
1 et seq.).
``Sec. 250109. Principal office
``The principal office of the corporation shall be in the State of
New Jersey, or another place decided by the board of directors.
``Sec. 250110. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete books and records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote.
``(b) Inspection.--A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the corporation for
any proper purpose, at any reasonable time.
``Sec. 250111. Service of process
``The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which it
carries on activities.
``Sec. 250112. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 250113. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report shall not be printed as a
public document.''.
SEC. 2. CLERICAL AMENDMENT.
The table of chapters at the beginning of subtitle II of title 36,
United States Code, is amended by striking the item relating to chapter
2501 and inserting the following new item:
``2501. Pulaski Cadets, Ltd................... 250101''. | Grants a Federal charter to the Pulaski Cadets, Ltd. (a nonprofit corporation organized under the laws of the State of New York). | {"src": "billsum_train", "title": "A bill to amend title 36, United States Code, to grant a Federal charter to the Pulaski Cadets, Ltd."} | 1,387 | 34 | 0.535987 | 1.419114 | -0.101913 | 2.076923 | 47.807692 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historic Downtown Preservation and
Access Act''.
SEC. 2. CREDITS FOR EXPENSES RELATED TO ENSURING SAFETY AND
ACCESSIBILITY IN HISTORIC BUILDINGS.
(a) Credit for Installation of Sprinklers and Elevators in Historic
Buildings.--Subpart C of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 36B
the following new section:
``SEC. 36C. ACCESSIBILITY AND FIRE PREVENTION EXPENSES FOR HISTORIC
BUILDINGS.
``(a) In General.--There shall be allowed a credit against the tax
imposed by this subtitle for the taxable year an amount equal to 50
percent of the qualified historic building expenses paid or incurred by
the taxpayer during such taxable year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to any taxpayer for any taxable year shall not exceed $50,000.
``(c) Qualified Historic Building Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified historic building
expenses' means amounts paid or incurred to install in a
certified historic structure an elevator system or a sprinkler
system that meets the requirements found in the most recent
edition of NFPA 13: Standard for the Installation of Sprinkler
Systems.
``(2) National historic landmarks.--In the case of a
certified historic structure that is designated as a National
Historic Landmark in accordance with section 101(a) of the
National Historic Preservation Act (16 U.S.C. 470a(a)) and that
is open to the public, the term `qualified historic building
expenses' shall not include an expense described in paragraph
(1), unless the installation of property described in such
paragraph meets the requirements for a certified rehabilitation
under section 47(c)(2)(C).
``(3) Certified historic structure.--The term `certified
historic structure' has the meaning given such term in section
47(c)(3), except that such term shall not include any structure
which is a single-family residence.''.
(b) Credit for Abatement of Hazardous Substances in Historic
Buildings.--Subpart C of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986, as amended by subsection (a), is amended
by inserting after section 36C the following new section:
``SEC. 36D. ABATEMENT OF HAZARDOUS SUBSTANCES IN HISTORIC BUILDINGS.
``(a) In General.--There shall be allowed a credit against the tax
imposed by this subtitle for the taxable year an amount equal to the
hazardous substance abatement expenses paid or incurred by the taxpayer
during such taxable year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to any taxpayer for any taxable year shall not exceed $50,000.
``(c) Hazardous Substance Abatement Expenses.--
``(1) In general.--For purposes of this section, the term
`hazardous substance abatement expenses' means amounts paid or
incurred for any--
``(A) lead paint abatement services,
``(B) radon abatement services, and
``(C) asbestos abatement services,
with respect to a certified historic structure.
``(2) National historic landmarks.--In the case of a
certified historic structure that is designated as a National
Historic Landmark in accordance with section 101(a) of the
National Historic Preservation Act (16 U.S.C. 470a(a)) and that
is open to the public, the term `hazardous substance abatement
expenses' shall not include an expense described in paragraph
(1), unless the services described in such paragraph meet the
requirements for a certified rehabilitation under section
47(c)(2)(C).
``(3) Certified historic structure.--The term `certified
historic structure' has the same meaning given such term in
section 36C(c)(3).
``(d) Lead Paint Abatement Services.--
``(1) In general.--Subject to paragraph (2), the term `lead
paint abatement services' means--
``(A) any lead paint abatement measures performed
by a certified lead abatement supervisor, including the
removal of paint and dust, the permanent enclosure or
encapsulation of lead-based paint, the replacement of
painted surfaces, windows, or fixtures, or the removal
or permanent covering of soil when lead-based paint
hazards are present in such paint, dust, or soil, and
``(B) any preparation, cleanup, disposal, and
clearance testing activities associated with the lead
paint abatement measures which are performed by a
certified lead abatement supervisor, those working
under the supervision of such supervisor, or a
qualified contractor.
``(2) Limitation.--The term `lead paint abatement services'
shall not include any services to the extent such services are
funded by any grant, contract, or otherwise by another person
or any governmental agency.
``(3) Documentation required.--No credit shall be allowed
under subsection (a) with respect to any lead paint abatement
services for a certified historic structure for any taxable
year unless--
``(A) after such services are complete, a certified
inspector or certified risk assessor provides written
documentation to the taxpayer that includes--
``(i) evidence that the certified historic
structure meets lead hazard evaluation criteria
established by the Environmental Protection
Agency or under an authorized State or local
program, and
``(ii) documentation showing that the lead
paint abatement services meet the requirements
of this section, and
``(B) the taxpayer files with the appropriate State
agency and attaches to the tax return for the taxable
year--
``(i) the documentation described in
subparagraph (A), and
``(ii) documentation of the amounts paid or
incurred for lead paint abatement services
during the taxable year with respect to the
certified historic structure.
``(4) Definitions.--
``(A) Certified lead abatement supervisor.--The
term `certified lead abatement supervisor' means an
individual certified by the Environmental Protection
Agency pursuant to section 745.226 of title 40, Code of
Federal Regulations, or an appropriate State agency
pursuant to section 745.325 of title 40, Code of
Federal Regulations.
``(B) Certified inspector.--The term `certified
inspector' means an inspector certified by the
Environmental Protection Agency pursuant to section
745.226 of title 40, Code of Federal Regulations, or an
appropriate State agency pursuant to section 745.325 of
title 40, Code of Federal Regulations.
``(C) Certified risk assessor.--The term `certified
risk assessor' means a risk assessor certified by the
Environmental Protection Agency pursuant to section
745.226 of title 40, Code of Federal Regulations, or an
appropriate State agency pursuant to section 745.325 of
title 40, Code of Federal Regulations.
``(D) Lead-based paint hazard.--The term `lead-
based paint hazard' has the meaning given such term by
section 745.63 of title 40, Code of Federal
Regulations.
``(E) Qualified contractor.--The term `qualified
contractor' means a Lead-Safe Certified Firm or
certified renovator under the Lead Renovation, Repair
and Painting Program of the Environmental Protection
Agency.
``(e) Radon Abatement Services.--
``(1) In general.--Subject to paragraph (2), the term
`radon abatement services' means, in the case of a certified
historic structure for which the indoor radon level is greater
than 2 picocuries per liter of air, any radon abatement
services performed by a qualified radon mitigation
professional.
``(2) Limitation.--The term `radon abatement services'
shall not include any services to the extent such services are
funded by any grant, contract, or otherwise by another person
or any governmental agency.
``(3) Documentation required.--No credit shall be allowed
under subsection (a) with respect to any radon abatement
services for a certified historic structure for any taxable
year unless--
``(A) after such services are complete, a qualified
radon measurement professional provides written
documentation to the taxpayer that includes--
``(i) evidence that the certified historic
structure meets radon hazard evaluation
criteria established under an authorized State
or local program, and
``(ii) documentation showing that the radon
abatement services meet the requirements of
this section, and
``(B) the taxpayer files with the appropriate State
agency and attaches to the tax return for the taxable
year--
``(i) the documentation described in
subparagraph (A), and
``(ii) documentation of the amounts paid or
incurred for radon abatement services during
the taxable year with respect to the certified
historic structure.
``(4) Definitions.--
``(A) Qualified radon measurement professional.--
The term `qualified radon measurement professional'
means an individual who has demonstrated the minimum
degree of appropriate technical knowledge and skills
specific to radon measurement in conformance with the
requirements of--
``(i) a certification standard promulgated
by the American National Standards Institute or
International Organization for Standardization,
``(ii) a State, local or other governmental
licensing (or equivalent) program, or
``(iii) any other recognized or accredited
certification process as determined by the
Secretary.
``(B) Qualified radon mitigation professional.--The
term `qualified radon mitigation professional' means an
individual who has demonstrated the minimum degree of
appropriate technical knowledge and skills specific to
radon mitigation in conformance with the requirements
of--
``(i) a certification standard promulgated
by the American National Standards Institute or
International Organization for Standardization,
``(ii) a State, local or other governmental
licensing (or equivalent) program, or
``(iii) any other recognized or accredited
certification process as determined by the
Secretary.
``(C) Radon.--The term `radon' has the meaning
given the term in section 302 of the Toxic Substances
Control Act (15 U.S.C. 2662).
``(f) Asbestos Abatement Services.--
``(1) In general.--Subject to paragraph (2), the term
`asbestos abatement services' means--
``(A) any asbestos abatement measures performed by
an accredited asbestos abatement contractor or
supervisor,
``(B) any interim asbestos control measures to
reduce exposure or likely exposure to asbestos hazards,
but only if such measures are evaluated and completed
by an accredited asbestos abatement contractor or
supervisor using accepted methods, are conducted by an
accredited asbestos abatement contractor or supervisor,
and have an expected useful life of more than 10 years,
and
``(C) any preparation, cleanup, disposal, and
clearance testing activities associated with the
asbestos abatement measures or interim asbestos control
measures which are performed by an accredited asbestos
abatement contractor or supervisor, or those working
under the supervision of such supervisor.
``(2) Limitation.--The term `asbestos abatement services'
shall not include any services to the extent such services are
funded by any grant, contract, or otherwise by another person
or any governmental agency.
``(3) Documentation required.--No credit shall be allowed
under subsection (a) with respect to any asbestos abatement
services for a certified historic structure for any taxable
year unless--
``(A) after such services are complete, an
accredited asbestos inspector provides written
documentation to the taxpayer that includes--
``(i) evidence that the certified historic
structure meets asbestos hazard evaluation
criteria established under an authorized State
or local program, and
``(ii) documentation showing that the
asbestos abatement services meet the
requirements of this section, and
``(B) the taxpayer files with the appropriate State
agency and attaches to the tax return for the taxable
year--
``(i) the documentation described in
subparagraph (A), and
``(ii) documentation of the amounts paid or
incurred for asbestos abatement services during
the taxable year with respect to the certified
historic structure.
``(4) Definitions.--
``(A) Accredited asbestos abatement contractor or
supervisor.--The term `accredited asbestos abatement
contractor or supervisor' means any person accredited
as a contractor or supervisor under the Asbestos Model
Accreditation Plan of the Environmental Protection
Agency.
``(B) Accredited asbestos inspector.--The term
`accredited asbestos inspector' means any person
accredited as an inspector under the Asbestos Model
Accreditation Plan of the Environmental Protection
Agency.
``(C) Asbestos.--The term `asbestos' has the
meaning given the term in section 202 of the Toxic
Substances Control Act (15 U.S.C. 2642).
``(D) Asbestos hazard.--The term `asbestos hazard'
has the meaning given the term `imminent hazard to the
health and safety' in section 11 of the Asbestos School
Hazard Detection and Control Act of 1980 (20 U.S.C.
3610).
``(g) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit.
``(2) No double benefit.--Any deduction allowable for costs
taken into account in computing the amount of the credit for
qualified abatement expenses shall be reduced by the amount of
such credit attributable to such costs.''.
(c) Conforming Amendments.--
(1) Section 1324 of title 31, United States Code, is
amended by inserting ``, 36C, 36D'' after ``, 36B''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36B
the following new items:
``Sec. 36C. Accessibility and fire prevention expenses for historic
buildings.
``Sec. 36D. Abatement of hazardous substances in historic buildings.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after the
date of the enactment of this Act. | Historic Downtown Preservation and Access Act This bill amends the Internal Revenue Code to allow refundable tax credits for 50% of the expenses paid or incurred by the taxpayer during the year for: (1) installing an elevator or a sprinkler system in a certified historic structure, and (2) hazardous substance (lead paint, radon, and asbestos) abatement services with respect to a certified historic structure. The amount of each of the two credits, with respect to any taxpayer, may not exceed $50,000 per year. | {"src": "billsum_train", "title": "Historic Downtown Preservation and Access Act"} | 3,314 | 107 | 0.564824 | 1.501542 | 0.894375 | 2.93 | 28.62 | 0.91 |
SECTION 1. PROHIBITION ON SALE OF NAVAL VESSELS AND MARITIME
ADMINISTRATION VESSELS FOR DISMANTLING, BREAKING UP, OR
SCRAPPING ABROAD.
(a) Prohibition.--Notwithstanding any other provision of law and
except as provided in subsection (b), the Secretary of the Navy, in the
case of vessels under the jurisdiction of such Secretary, and the
Secretary of Transportation, in the case of vessels under the
jurisdiction of the Maritime Administration, may not sell or otherwise
dispose of any such vessel otherwise available for sale or disposal for
purposes of dismantling, breaking up, or scrapping the vessel outside
the United States.
(b) Exception.--A vessel described in subsection (a) may be sold or
otherwise disposed of for purposes of dismantling, breaking up, or
scrapping abroad if--
(1) the Administrator of the Environmental Protection
Agency certifies to Congress and the Secretaries referred to in
subsection (a) that the environmental standards imposed by law
and enforced in the country in which the vessel is to be
dismantled, broken up, or scrapped, as the case may be, are
similar to the environmental standards imposed under United
States law; and
(2) the Secretary of Labor certifies to Congress and such
Secretaries that such country recognizes internationally
recognized worker rights (as that term is defined in section
507(4) of the Trade Act of 1974 (19 U.S.C. 2467(4)).
SEC. 2. DEMONSTRATION PROGRAM FOR BREAKING UP NAVAL VESSELS AND
MARITIME ADMINISTRATION VESSELS IN UNITED STATES
SHIPYARDS.
(a) In General.--The Secretary of the Navy shall carry out a
demonstration program in order to assess the feasibility and
advisability of breaking up naval vessels and Maritime Administration
vessels in United States shipyards. The Secretary shall carry out the
demonstration program in accordance with this section.
(b) Contract for Breaking Up.--(1) The Secretary shall carry out
the demonstration program by competitively awarding a cost contract to
each of two qualified United States shipyards to break up a group of
vessels consisting of vessels that have been stricken from the Naval
Vessel Register and vessels under the jurisdiction of the Maritime
Administration.
(2) Each contract under paragraph (1) shall be for a term of three
years.
(3) The aggregate tonnage of the vessels broken up each year under
each contract under paragraph (1) shall exceed 80,000 tons. The
Secretary shall identify the vessels to be covered by each contract
before awarding the contract.
(4) The Secretary shall award contracts under paragraph (1) not
later than 6 months after the date of enactment of this Act.
(5) For purposes of this subsection, the term ``qualified United
States shipyard'' means a United States shipyard that--
(A) is qualified to construct or repair naval vessels or
vessels under the jurisdiction of the Maritime Administration;
(B) is covered by a current Navy Master Ship Repair
Agreement;
(C) is in compliance with all applicable Federal, State,
and local license and other requirements relating to the
construction or repair of vessels referred to in subparagraph
(A);
(D) has the capacity to provide the facilities and manpower
to perform all the activities required of a shipyard under a
contract under this section, including the removal of hazardous
and controlled substances (including polychlorinated biphenyls,
asbestos, and lead paint) in accordance with all applicable
Federal, State, and local laws; and
(E) has the capacity to perform not less than 75 percent of
the man-hours of labor required for such activities within the
shipyard using employees of the shipyard.
(c) Shipyard Activities.--Each shipyard awarded a contract under
subsection (b) shall--
(1) break up and domestically process all scrap associated
with each vessel covered by the contract in accordance with the
terms of the contract;
(2) sell or otherwise dispose of such vessel (and its
equipment or other contents) for scrap upon its breaking up
under paragraph (1); and
(3) pay to the United States an amount equal to 50 percent
of the amount, if any, by which the proceeds received by the
shipyard for the sale or disposal of such vessel under
paragraph (2) exceeds the cost incurred by the shipyard in
carrying out activities with respect to such vessel under
paragraphs (1) and (2).
(d) Performance of Activities.--Each shipyard awarded a contract
under subsection (a) shall perform not less than 75 percent of the man-
hours of labor required for the activities specified under subsection
(c) within the shipyard using employees of the shipyard.
(e) Report.--Not later than ____ after the date of enactment of
this Act, the Secretary shall submit to Congress a report on the
demonstration program. The report shall--
(1) describe the activities under the demonstration
program;
(2) assess the feasibility and advisability of breaking up
naval vessels and Maritime Administration vessels in United
States shipyards in light of such activities; and
(3) include such other findings and recommendations as the
Secretary considers appropriate. | Prohibits the Secretaries of the Navy and of Transportation from selling or otherwise disposing of any naval vessel or Maritime Administration vessel, respectively, for purposes of dismantling, breaking up, or scrapping such vessels outside the United States, unless: (1) the Administrator of the Environmental Protection Agency certifies to the Congress and the Secretaries that environmental standards imposed by law and enforced in the country in which the vessel is to be dismantled, broken up, or scrapped are similar to the environmental standards imposed under U.S. law; and (2) the Secretary of Labor certifies to the Congress and such Secretaries that such country recognizes internationally recognized worker rights.
Directs the Secretary of the Navy, after assessing the feasibility and advisability of breaking up naval vessels and Maritime Administration vessels in U.S. shipyards, to carry out a demonstration program by competitively awarding a cost contract to each of two qualified U.S. shipyards to break up a group of vessels consisting of any stricken from the Naval Vessel Register and any under the jurisdiction of the Maritime Administration. | {"src": "billsum_train", "title": "A bill to prohibit the sale of naval vessels and Maritime Administration vessels for purposes of scrapping abroad, to establish a demonstration program relating to the breaking up of such vessels in United States shipyards, and for other purposes."} | 1,118 | 243 | 0.751598 | 2.269752 | 0.889575 | 5.329897 | 5.319588 | 0.938144 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Social Security Numbers
Act of 2013''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Federal Government requires virtually every
individual in the United States to obtain and maintain a Social
Security account number in order to pay taxes or to qualify for
old-age, survivors, and disability insurance benefits under
title II of the Social Security Act.
(2) Many Government agencies and private entities also use
Social Security account numbers as identifiers to track
individual records or as information that an individual must
present to verify his or her identity. Thus, Social Security
account numbers are routinely collected, recorded, and
transferred by public and private entities.
(3) As an unintended consequence of these uses, Social
Security account numbers have become one of the tools that can
be used to facilitate crime, fraud, and invasions of the
privacy of the individuals to whom the numbers are assigned.
(4) According to the Social Security Administration's
Inspector General, 16 percent of the 99,000 fraud cases it
investigated in the 1-year period ending September 30, 2006,
involved the misuse of Social Security account numbers.
(5) The Social Security account number is also a key piece
of information used in the perpetration of identity theft. In
calendar year 2006, over 240,000 individuals reported to the
Federal Trade Commission that they had been the victims of an
identity theft. Identity theft is a serious crime that can
cause substantial financial losses and force victims to spend
significant time restoring the accuracy of their credit
records.
(6) Social Security account numbers are publicly displayed
by some Government entities. In most jurisdictions throughout
the United States, State and local law requires that certain
documentary records, such as business filings, property
records, and birth and marriage certificates, be made available
to the general public. Some of these records contain personally
identifiable information of individuals, including Social
Security account numbers. Increasingly, State and local
recordkeepers are displaying public records on the Internet,
where these records are widely accessible at no cost or for a
minimal fee. There are known instances of criminals using
personally identifiable information from online public records
to commit identity theft.
(7) Private information resellers also routinely record and
transfer individuals' Social Security account numbers and other
personally identifiable information. In a 2006 study, the
Government Accountability Office (GAO) was able to purchase
truncated or full Social Security account numbers from 5 of 21
Internet information resellers that were surveyed.
(8) The GAO has concluded, based on available evidence,
that unauthorized access to personal data such as Social
Security account numbers is a frequent occurrence. A survey of
17 Federal agencies by the Committee on Oversight and
Government Reform of the House of Representatives found that
these agencies suffered more than 788 data breaches from
January 2003 through July 2006.
(9) In many instances, public and private entities seek to
protect Social Security account numbers from abuse by
truncating a portion of each number. However, because
truncation methods are not uniform, it is possible to obtain a
full Social Security account number by reconstructing the
number based on partial information obtained from different
sources.
(10) In a report issued in June 2007, the GAO found that
truncated Social Security account numbers in Federal documents
stored as public records remain vulnerable to misuse, in part
because different truncation methods used by the public and
private sectors permit the reconstruction of full Social
Security account numbers. Federal entities such as the
Department of Justice, the Internal Revenue Service, and the
Judicial Conference of the United States truncate by displaying
the last 4 digits of the Social Security account number. In
contrast, the GAO found that information resellers sometimes
sell records containing Social Security account numbers that
are truncated to display the first 5 digits.
(11) The first 5 digits of an individual's Social Security
account number are assigned based on the location in which the
account number was issued and the order in which the account
number was issued. The last 4 digits of an individual's Social
Security account number are randomly generated, creating a
unique account number for each individual. Many public and
private entities ask consumers to supply the last 4 digits of
Social Security account numbers as a way to verify consumers'
identities, providing an additional reason for identity thieves
to seek to acquire these digits.
(12) The GAO reported in 2006 that it had been unable to
identify any industry standards or guidelines for truncating
Social Security account numbers. Moreover, the GAO could not
identify any consensus among Government officials about which
method for truncation better protects Social Security account
numbers from abuse.
(13) The GAO has stated that standardizing the truncation
of Social Security account numbers would better protect these
numbers from misuse. Since 2005, the GAO has on multiple
occasions recommended the establishment of uniform standards
for truncation of Social Security account numbers.
(14) Given the Social Security Administration's role in
assigning Social Security account numbers, the Commissioner of
Social Security may be in the best position to determine
whether and how truncation should be standardized.
(15) The truncation of Social Security account numbers,
even by Federal Government agencies, is not comprehensively
required or regulated. Currently, the Social Security
Administration does not have the legal authority to regulate
the use of Social Security account numbers by other entities.
(16) Because the Federal Government created and maintains
the system of required Social Security account numbers, and
because the Federal Government does not permit individuals to
exempt themselves from those requirements, it is appropriate
for the Federal Government to take steps to curb the abuse of
Social Security account numbers.
SEC. 3. REQUIREMENT TO ISSUE UNIFORM STANDARDS FOR THE METHOD FOR
TRUNCATION OF SOCIAL SECURITY ACCOUNT NUMBERS.
(a) In General.--The Commissioner of Social Security shall issue
uniform standards--
(1) for the method for truncation of Social Security
account numbers in order to facilitate the protection of such
numbers from being used in the perpetration of fraud or
identity theft; and
(2) for the method for encryption (or other method of
securing from disclosure) of Social Security account numbers
transmitted by means of the Internet.
Such uniform standards shall not apply with respect to a Social
Security account number of a deceased individual.
(b) Requirements.--
(1) In general.--In establishing the uniform standards
required under subsection (a), the Commissioner of Social
Security shall consider the matters described in paragraph (2)
and consult with, at a minimum, the heads of the following
Federal agencies:
(A) The Department of Justice.
(B) The Federal Trade Commission.
(C) The Department of the Treasury.
(2) Specific considerations.--For purposes of paragraph
(1), the matters described in this paragraph are the following:
(A) The extent to which various methods for
truncation of Social Security account numbers will
assist in the prevention of fraud and identity theft,
taking into account the following:
(i) The risk that a truncated Social
Security account number can be combined with
other personally identifiable information to
derive or acquire a complete Social Security
account number.
(ii) The risk that the numerical digits not
masked in the truncation process will reveal
personally identifiable information about an
individual.
(iii) The risk that a truncated Social
Security account number can be used to derive
or acquire from other sources a full Social
Security account number.
(B) The methods in use for the truncation of Social
Security account numbers by the Federal Government,
State and local governments, and private entities and
the extent of use of each method by the Federal
Government, State and local governments, and private
entities.
(C) The reasons why Social Security account numbers
are collected and recorded by the Federal Government,
State and local governments, and private entities.
(D) The effect of each proposed method for
truncation on the uses for Social Security account
numbers by the Federal Government, State and local
governments, and private entities.
(E) Any comments regarding proposed methods for
truncation submitted to the Commissioner from--
(i) experts on privacy and data security,
consumer advocacy groups, and identity theft
assistance organizations;
(ii) the Federal Government or State or
local governments, including State Attorneys
General;
(iii) representatives of private entities
that transfer, display, record, or otherwise
utilize Social Security account numbers on a
regular basis;
(iv) the Comptroller General of the United
States; and
(v) any other appropriate entities.
SEC. 4. APPLICATION OF UNIFORM STANDARDS.
(a) Federal Government.--On and after the date that the
Commissioner of Social Security determines in regulations issued
pursuant to section 6, the uniform standards issued under section 3(1)
shall apply to the Federal Government--
(1) whenever the Federal Government displays a Social
Security account number; and
(2) to the extent practicable, whenever the Federal
Government transfers, records, or otherwise utilizes a Social
Security account number.
(b) State and Local Governments; Private Entities.--
(1) Display or transmission by a state or local government
by means of the internet.--
(A) Prohibition.--
(i) In general.--Subject to clause (ii), a
State, a political subdivision of a State, or
any officer, employee, or contractor of a State
or a political subdivision of a State, shall
not display to the general public on the
Internet all or any portion of any Social
Security account number.
(ii) Exceptions.--A State, a political
subdivision of a State, or any officer,
employee, or contractor of a State or a
political subdivision of a State may display to
the general public on the Internet--
(I) a portion of a Social Security
account number if such display complies
with the uniform standards for the
method for truncation and encryption of
such numbers issued by the Commissioner
of Social Security under section 3; and
(II) all or any portion of a Social
Security account number of a deceased
individual.
(B) Penalties.--A State, a political subdivision of
a State, or any officer, employee, or contractor of a
State or a political subdivision of a State that
violates subparagraph (A) shall be subject to a civil
penalty of not more than $5,000 per day for each day
that the State or political subdivision violated such
subsection.
(C) Enforcement.--The Attorney General may bring a
civil action against a State, a political subdivision
of a State, or any officer, employee, or contractor of
a State or a political subdivision of a State, in any
appropriate United States District Court for a
violation of subparagraph (A).
(D) Effective date.--Subparagraphs (A) through (C)
shall take effect on the date that is 1 year after the
date on which regulations are issued under section 6
and shall apply to violations occurring on or after
that date.
(2) Display by other means.--It is the sense of Congress
that if a State, local government, or private entity displays a
Social Security account number in a manner other than that
described in paragraph (1), the State, local government, or
private entity should comply with the uniform standards issued
under section 3 to the same extent that the Federal Government
or a State or local government is required to comply with such
standards under subsection (a) and paragraph (1) of this
subsection.
SEC. 5. GRANTS TO STATE AND LOCAL GOVERNMENTS TO COME INTO COMPLIANCE
WITH THE PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC
ON THE INTERNET OF SOCIAL SECURITY ACCOUNT NUMBERS.
(a) In General.--The Attorney General shall award grants to States
and political subdivisions of States to carry out activities to remove,
redact, or truncate, in accordance with the uniform standards for the
method of truncation issued under section 3, all Social Security
account numbers on forms and records of executive, legislative, and
judicial agencies of States and political subdivisions of States that,
as of the date that is 1 year after the date on which regulations are
issued under section 6, would be displayed to the general public on the
Internet in violation of section 4(b)(1).
(b) Application.--A State or political subdivision of a State
desiring a grant under this subsection shall submit an application to
the Attorney General at such time, in such manner, and containing such
information as the Attorney General may reasonably require.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Attorney General to carry out this subsection,
$10,000,000 for each of fiscal years 2014 and 2015.
SEC. 6. REGULATIONS.
Not later than the date that is 6 months after the date of the
enactment of this Act, the Commissioner of Social Security shall issue
regulations to carry out this Act.
SEC. 7. GAO REPORT.
Not later than 18 months after the effective date of the
regulations issued by the Commissioner of Social Security under section
6, the Comptroller General of the United States shall report to
Congress on the extent to which the uniform standards required under
section 3 have resulted in the adoption of such standards by private
entities, and whether these standards are likely to provide greater
protection against fraud and identity theft than the practices adhered
to prior to such date. The report shall include--
(1) a recommendation regarding--
(A) whether such standards should be mandatory for
State and local governments and private entities, and
if so, under what circumstances; and
(B) whether making such standards mandatory for
such entities (with respect to each circumstance
identified under subparagraph (A)) would help prevent
fraud, identity theft, and unauthorized access to
consumers' personally identifiable information; and
(2) recommendations for such additional legislation or
administrative action as the Comptroller General determines
appropriate to further reduce the risks of fraud, identity
theft, and unauthorized access resulting from the transfer,
sale, display, recording, or other utilization of Social
Security account numbers.
SEC. 8. PREEMPTION OF STATE LAW.
This Act and the amendments made by this Act shall supersede a
provision of State law only if, and only to the extent that, such
provision conflicts with a requirement of this Act or an amendment made
by this Act.
SEC. 9. DEFINITIONS.
In this Act--
(1) the term ``display to the general public on the
Internet'' means, in connection with all or any portion of a
Social Security account number, to post or to permit the
continued presence of such number, or any portion of such
number in a viewable manner on an Internet site that is
available to the general public, including any Internet site
that requires a fee for access to information accessible on or
through the site;
(2) the term ``Social Security account number'' means the
account number assigned to an individual by the Commissioner of
Social Security in the exercise of the Commissioner's authority
under section 205(c)(2) of the Social Security Act (42 U.S.C.
405(c)(2)) and includes any derivative of such number; and
(3) the term ``State'' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, and the Commonwealth of the
Northern Mariana Islands. | Safeguarding Social Security Numbers Act of 2013 - Directs the Commissioner of Social Security to issue uniform standards for the method for: (1) truncation of Social Security account numbers in order to facilitate their protection from use in fraud or identity theft, and (2) encryption (or other method of securing) of those numbers transmitted by means of the Internet. Applies such standards to the federal government whenever it: (1) displays a Social Security account number; and (2) transfers, records, or otherwise utilizes such a number. Prohibits a state, a local government, or any of their officers, employees, or contractors from displaying to the general public on the Internet all or any portion of any Social Security account number, except in compliance with such truncation and encryption standards or if the number belongs to a deceased individual. Prescribes a civil monetary penalty of up to $5,000 per day for violation of this prohibition. Directs the Attorney General to award grants to state and local governments to carry out activities to remove, redact, or truncate, in accordance with the uniform standards, all Social Security account numbers on forms and records of their executive, legislative, and judicial agencies that would be displayed to the general public on the Internet in violation of this Act. | {"src": "billsum_train", "title": "Safeguarding Social Security Numbers Act of 2013"} | 3,340 | 274 | 0.496 | 1.473088 | 0.729573 | 4.37551 | 13.044898 | 0.946939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlawful Employers Accountability
Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Current efforts to stem the tide of illegal immigrants
crossing into the United States have fallen far short of need.
(2) The number of illegal immigrants currently in the
United States is approximating 11 million.
(3) Cities, counties, and States are forced to absorb the
costs of illegal immigration without compensation from the
Federal Government or employers.
(4) United States companies continue to recruit and hire
illegal immigrants and thereby aid in the erosion of the border
security of the United States.
(5) The hiring of illegal immigrants has had a negative
impact on the employment opportunities of legal immigrants and
United States citizens.
(6) Federal law expressly prohibits the hiring of illegal
immigrants.
(7) In 2004, only three United States companies were cited
for hiring illegal immigrants.
SEC. 3. COMPLIANCE WITH RESPECT TO THE UNLAWFUL EMPLOYMENT OF ALIENS.
(a) Civil Penalty.--Paragraph (4) of subsection (e) of section 274A
of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended to
read as follows:
``(4) Cease and desist order with civil money penalty for
hiring, recruiting, and referral violations.--
``(A) In general.--With respect to a violation by
any person or other entity of subsection (a)(1)(A) or
(a)(2), the Secretary of Homeland Security shall
require the person or entity to cease and desist from
such violations and to pay a civil penalty in the
amount specified in subparagraph (B).
``(B) Amount of civil penalty.--A civil penalty
under this paragraph shall not be less than $50,000 for
each occurrence of a violation described in subsection
(a)(1)(A) or (a)(2) with respect to the alien referred
to in such subsection, plus, in the event of the
removal of such alien from the United States based on
findings developed in connection with the assessment or
collection of such penalty, the costs incurred by the
Federal Government, cooperating State and local
governments, and State and local law enforcement
agencies, in connection with such removal.
``(C) Distribution of penalties to state and local
governments.--
``(i) In general.--Penalties collected
under this paragraph from a person or entity
shall be distributed as follows:
``(I) 25 percent of such amount
shall be distributed to the State in
which the person or entity is located.
``(II) 25 percent of such amount
shall be distributed to the county in
which the person or entity is located.
``(III) 25 percent of such amount
shall be distributed to the
municipality, if any, in which the
person or entity is located, or, in the
absence of such a municipality, to the
county described in subclause (II).
``(D) Limitation on use of funds.--Amounts paid to
a State, county, or municipality under subparagraph (C)
may only be used for costs incurred by such State,
county, or municipality in providing public services to
aliens not lawfully present in the United States.
``(E) Distinct, physically separate subdivisions.--
In applying this subsection in the case of a person or
other entity composed of distinct, physically separate
subdivisions each of which provides separately for the
hiring, recruiting, or referring for employment,
without reference to the practices of, and not under
the control of or common control with, another
subdivision, each such subdivision shall be considered
a separate person or other entity.''.
(b) Denial of Agricultural Assistance for Violators.--Such section
is further amended by adding at the end the following new subsection:
``(i) Denial of Agricultural Assistance for Violators.--In the case
of a violation of subsection (a)(1)(A) or (a)(2) by an agricultural
association, agricultural employer, or farm labor contractor (as
defined in section 3 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1802)), such association, employer, or
contractor shall be ineligible for agricultural assistance described in
paragraphs (1), (2), and (3) of section 1211(a) of the Food Security
Act of 1985 (16 U.S.C. 3811(a)) for a period not to exceed five
years.''.
(c) Good Faith Defense.--
(1) In general.--Such section is further amended--
(A) by striking subsection (a)(3); and
(B) by striking subsection (b)(6).
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (a)(5), by striking ``paragraphs
(1)(B) and (3)'' and inserting ``paragraph (1)(B)'';
and
(B) in subsection (b)--
(i) in the matter preceding paragraph (1),
by striking ``paragraphs (1)(B) and (3)'' and
inserting ``paragraph (1)(B)''; and
(ii) by striking paragraph (6).
(d) Employee Whistleblower Protection.--It shall be unlawful for
any employer, including an employer primarily engaged in agriculture,
or any labor contractor to intimidate, threaten, restrain, coerce,
retaliate, discharge, demote, or in any other manner discriminate
against an employee or former employee, regardless of the immigration
status of such employee or former employee, because such employee or
former employee--
(1) has disclosed, is disclosing, or seeks to disclose to
Federal, State, or local law enforcement authorities
information related to a violation of an applicable Federal
labor law as defined by the Secretary of Labor; or
(2) has cooperated, is cooperating, or seeks to cooperate
in an investigation or other proceeding concerning compliance
with such an applicable Federal labor law.
(e) Disclosure Requirements.--
(1) In general.--The Secretary of Homeland Security shall
establish, maintain, and regularly update a publicly accessible
website that contains a list of persons or other entities that
the Secretary has determined to have been in violation of
subsection (a)(1)(A) or (a)(2) of section 274A of the
Immigration and Nationality Act (8 U.S.C. 1324a) in the
preceding five years.
(2) Contents of website.--Such website shall contain, with
respect to each such person or entity, the following
information:
(A) The name, address, and telephone number of the
person or entity.
(B) The names of the owners, chief executive
officers, or other similar officers of the person or
entity.
(C) The number of unauthorized aliens (as defined
in subsection (h)(3) of such section) found to be
employed by the person or entity.
(D) The aggregate dollar amount that the person or
entity has received in the preceding five years under
any Federal contract.
(f) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect 30 days after the date of the enactment of
this Act and shall apply to violations occurring on or after such
effective date. | Unlawful Employers Accountability Act of 2005 - Amends the Immigration and Nationality Act respecting unlawful employment of alien provisions to: (1) require the Secretary of Homeland Security to issue a cease and desist order, replace the tiered civil penalty provisions with a single, increased-maximum civil penalty, and require an employer to pay the costs incurred in any related removal of an alien from the United States; (2) provide for penalty distribution to state, county, and municipal governments, which shall be used to provide illegal aliens with public services; (3) deny specified agricultural assistance for up to five years to an agricultural employer, contractor, or association in violation of such provisions; (4) eliminate specified good faith defenses; (4) provide whistleblower protection; and (5) direct the Secretary to establish and update a publicly accessible website containing specified information on violators of such provisions in the preceding five years. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to improve enforcement of restrictions on employment in the United States of unauthorized aliens."} | 1,598 | 193 | 0.490939 | 1.468081 | 0.884828 | 2.08 | 8.474286 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Justice Along the Southwest
Border Act of 2010''.
SEC. 2. ADDITIONAL JUDGESHIPS FOR CERTAIN JUDICIAL DISTRICTS.
(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate--
(1) 1 additional district judge for the district of
Arizona;
(2) 4 additional district judges for the eastern district
of California;
(3) 4 additional district judges for the central district
of California;
(4) 4 additional district judges for the northern district
of California;
(5) 1 additional district judge for the district of New
Mexico;
(6) 2 additional district judges for the southern district
of Texas;
(7) 1 additional district judge for the eastern district of
Texas; and
(8) 4 additional district judges for the western district
of Texas.
(b) Existing Judgeships.--The existing judgeships for the district
of Arizona, the eastern district of Texas, and the district of New
Mexico authorized by section 312(c) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273, 116 Stat.
1758), as of the effective date of this Act, shall be authorized under
section 133 of title 28, United States Code, and the incumbents in
those offices shall hold the office under section 133 of title 28,
United States Code, as amended by this Act.
(c) Temporary Judgeship.--
(1) The President shall appoint, by and with the advice and
consent of the Senate--
(A) 1 additional judge for the district of Arizona;
(B) 1 additional judge for the eastern district of
California;
(C) 1 additional judge for the central district of
California; and
(D) 1 additional judge for the northern district of
California.
(2) The first vacancy in the office of district judge in
each judicial district to which a judge is appointed under
paragraph (1), occurring 10 years or more after the date of
enactment of this Act, shall not be filled.
(d) Tables.--In order that the table contained in section 133(a) of
title 28, United States Code, will, with respect to each judicial
district, reflect the changes in the total number of permanent district
judgeships authorized as a result of subsections (a) and (b) of this
section, such table is amended--
(1) by striking the item relating to Arizona and inserting
the following:
``Arizona....................................................... 14'';
(2) by striking the item relating to California and
inserting the following:
``California: ......
Northern...................................................... 18
Eastern....................................................... 10
Central....................................................... 31
Southern...................................................... 13'';
(3) by striking the item relating to New Mexico and
inserting the following:
``New Mexico.................................................... 8'';
and
(4) by striking the item relating to Texas and inserting
the following:
``Texas: ......
Northern...................................................... 12
Southern...................................................... 21
Eastern....................................................... 9
Western....................................................... 17''.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section,
including such sums as may be necessary to provide appropriate space
and facilities for the judicial positions created by this section.
SEC. 3. SPECIAL ASSISTANT UNITED STATES ATTORNEYS' PROGRAM.
(a) In General.--The Attorney General shall allocate any amounts
appropriated pursuant to the authorization under subsection (c) for the
hiring and training of special assistant United States attorneys.
(b) Use of Funds.--The funds allocated under subsection (a) shall
be used to--
(1) train local prosecutors in techniques used to prosecute
border-related offenses cases;
(2) train local prosecutors in Federal and State laws
relating to border-related offenses;
(3) cross-designate local prosecutors as special assistant
United States attorneys; and
(4) hire additional local prosecutors who--
(A) with the approval of the United States
attorney, shall be cross-designated to prosecute both
Federal and State border-related offenses cases; and
(B) shall be assigned a caseload, whether in State
court or Federal court, that gives the highest priority
to cases in which--
(i) charges of border-related offenses are
submitted by law enforcement for consideration;
and
(ii) the defendant has been previously
convicted of a border-related offense.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this section.
(d) Definition.--In this section, the term ``border-related
offense'' means any of the following:
(1) Any offense under section 274(a), 274C(e), 275, 276,
277, or 278 of the Immigration and Nationality Act (8 U.S.C.
1324(a), 1324c(e), 1325, 1326, 1327, 1328).
(2) Any offense under section 545 or 546 of title 18,
United States Code, if the relevant merchandise is a controlled
substance.
(3) Any offense under section 1010, 1012, or 1013 of the
Controlled Substances Act (21 U.S.C. 960, 962, 963).
(4) Any offense under chapter 69 of title 18, United States
Code.
(5) Any offense under section 2424 of title 18, United
States Code. | Ensuring Justice Along the Southwest Border Act of 2010 - Directs the President to appoint additional district judges for certain judicial districts in Arizona, California, New Mexico, and Texas, including temporary judgeships in Arizona and California.
Directs the Attorney General to allocate any amounts appropriated pursuant to this Act for the hiring and training of special assistant U.S. attorneys.
Requires such funds to be used to: (1) train local prosecutors in techniques used to prosecute border-related offenses cases; (2) train local prosecutors in federal and state laws relating to border-related offenses; (3) cross-designate local prosecutors as special assistant U.S. attorneys; and (4) hire additional local prosecutors who, with the approval of the U.S. attorney, shall be cross-designated to prosecute both federal and state border-related offenses cases. | {"src": "billsum_train", "title": "To provide for additional district court judges for certain judicial districts, and to provide for the cross-designation of special assistant United States attorneys to prosecute certain border-related offenses, and for other purposes."} | 1,226 | 188 | 0.564224 | 1.540322 | 0.765337 | 5.534591 | 7.113208 | 0.955975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Partnership Benefits and
Obligations Act''.
SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.
(a) In General.--A domestic partner of an employee shall be
entitled to benefits available to and obligations imposed upon a spouse
of an employee.
(b) Certification of Eligibility.--In order to obtain benefits
under this Act, an employee shall file an affidavit of eligibility for
benefits with the Office of Personnel Management certifying that the
employee and the domestic partner of the employee--
(1) are each other's sole domestic partner and intend to
remain so indefinitely;
(2) have a common residence, and intend to continue the
arrangement;
(3) are at least 18 years of age and mentally competent to
consent to contract;
(4) share responsibility for a significant measure of each
other's common welfare and financial obligations;
(5) are not married to or domestic partners with anyone
else;
(6) understand that willful falsification of information
within the affidavit may lead to disciplinary action and the
recovery of the cost of benefits received related to such
falsification; and
(7)(A) are same sex domestic partners, and not related in a
way that, if the 2 were of opposite sex, would prohibit legal
marriage in the State in which they reside; or
(B) are opposite sex domestic partners, and are not related
in a way that would prohibit legal marriage in the State in
which they reside.
(c) Dissolution of Partnership.--
(1) In general.--An employee or domestic partner of an
employee who obtains benefits under this Act shall file a
statement of dissolution of the domestic partnership with the
Office of Personnel Management not later than 30 days after the
death of the employee or the domestic partner or the date of
dissolution of the domestic partnership.
(2) Death of employee.--In a case in which an employee
dies, the domestic partner of the employee at the time of death
shall be deemed a spouse of the employee for the purpose of
receiving benefits under this Act.
(3) Other dissolution of partnership.--
(A) In general.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
benefits received by the domestic partner as a result
of this Act shall terminate.
(B) Exception.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
health benefits received by the domestic partner as a
result of this Act shall continue for a period of 60
days after the date of the dissolution of the
partnership. The domestic partner shall pay for such
benefits in the same manner that a former spouse would
pay for such benefits under applicable provisions of
chapter 89 of title 5, United States Code.
(d) Confidentiality.--Any information submitted to the Office of
Personnel Management under subsection (b) shall be used solely for the
purpose of certifying an individual's eligibility for benefits under
subsection (a).
(e) Definitions.--For purposes of this Act:
(1) Domestic partner.--The term ``domestic partner'' means
an adult person living with, but not married to, another adult
person in a committed, intimate relationship.
(2) Benefits.--The term ``benefits'' means benefits under--
(A) chapter 81 of title 5, United States Code
(relating to compensation for work injuries);
(B) subchapter III of chapter 83 of such title
(relating to the Civil Service Retirement System);
(C) chapter 84 of such title (relating to the
Federal Employees' Retirement System);
(D) chapter 87 of such title (relating to life
insurance); and
(E) chapter 89 of such title (relating to health
insurance).
(3) Employee.--The term ``employee'' has the meaning given
such term by--
(A) section 8101(1) of title 5, United States Code,
when used with respect to benefits described in
paragraph (2)(A);
(B) section 8331(1) of such title, when used with
respect to benefits described in paragraph (2)(B);
(C) section 8401(11) of such title, when used with
respect to benefits described in paragraph (2)(C);
(D) section 8701(a) of such title, when used with
respect to benefits described in paragraph (2)(D); and
(E) section 8901(1) of such title, when used with
respect to benefits described in paragraph (2)(E).
(4) Obligations.--The term ``obligations'' means any duties
or responsibilities that would be incurred by the spouse of an
employee.
SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED FRINGE BENEFITS TO
DOMESTIC PARTNERS.
(a) In General.--Section 106 of the Internal Revenue Code of 1986
(relating to contributions by employer to accident and health plans) is
amended by adding at the end the following new subsection:
``(e) Treatment of Domestic Partners.--The provisions of section 2
of the Domestic Partnership Benefits and Obligations Act shall apply to
employees and domestic partners of employees for purposes of this
section and any other benefit which is not includible in the gross
income of employees by reason of an express provision of this
chapter.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2005. | Domestic Partnership Benefits and Obligations Act - Entitles domestic partners of federal employees to benefits available to spouses of federal employees. Specifies certifications required for benefit eligibility, filing requirements regarding partnership dissolution, and confidentiality requirements. Amends the Internal Revenue Code to extend the tax exemption for employer contributions to accident and health plans to domestic partners under this Act. | {"src": "billsum_train", "title": "To provide benefits to domestic partners of Federal employees."} | 1,243 | 78 | 0.512538 | 1.168859 | 0.640183 | 2.8125 | 17.640625 | 0.8125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soledad Canyon Settlement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City of santa clarita.--The term ``City of Santa
Clarita'' means the City of Santa Clarita, California.
(2) City of victorville.--The term ``City of Victorville''
means the City of Victorville, California.
(3) Contracts.--The term ``contracts'' means the Bureau of
Land Management mineral contracts numbered CA-20139 and CA-
22901.
(4) Contract holder.--The term ``contract holder'' means
the private party to the contracts, and any successors that
hold legal interests in the contracts.
(5) County of san bernardino.--The term ``County of San
Bernardino'' means the County of San Bernardino, California.
(6) Map.--The term ``Map'' means the map entitled
``Victorville disposal area, California'' and dated March 2011.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Victorville disposal area.--The term ``Victorville
disposal area'' means the 10,206.05 acres of land identified
for disposal in the West Mojave Land Management Plan (2006) of
the Bureau of Land Management and depicted on the Map.
SEC. 3. APPRAISAL; COMPENSATION TO CONTRACT HOLDER.
(a) Appraisals.--
(1) Contract appraisal.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
determine by mineral appraisal, using the discounted
cash flow method of appraisal (in accordance with the
appraisal guidelines for appraisals of large quantities
of mineral materials contained in section IV(E) of BLM
Mineral Material Appraisal Handbook H-3630)--
(i) the fair market value of the contracts;
and
(ii) the amount of royalties the Federal
Government would receive under the contracts
over the 10-year period beginning on the date
of enactment of this Act.
(B) Considerations.--In making the determination
under subparagraph (A), the Secretary shall assume
that--
(i) the contract holder has obtained all
the permits and entitlements necessary to mine,
produce, and sell sand and gravel under the
contract; and
(ii) mining operations under the contract
have commenced at the time of the
determination, with maximum annual production
volumes that--
(I) are based on the projected
supply and demand outlook at the time
of determination; and
(II) reflect depletion of the
reserves that are subject to the
contract within the effective periods
of the contract.
(C) Donation.--The Secretary shall provide to the
contract holder and the City of Santa Clarita a list of
approved appraisers from which the parties shall select
and provide the funding to cover the costs of the
appraisal under subparagraph (A).
(2) Land appraisal.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
determine by appraisal standards under existing laws
and regulations, the fair market value of the
Victorville disposal area on a net present value basis.
(B) Donation.--The Secretary shall provide to the
contract holder and the City of Santa Clarita a list of
approved appraisers from which the parties shall select
and provide the funding to cover the costs of the
appraisal under subparagraph (A).
(b) Compensation.--
(1) In general.--Subject to paragraph (2), not later than
30 days after completion of the appraisals under subsection
(a), the Secretary shall offer the contract holder compensation
for the cancellation of the contracts.
(2) Conditions on offer.--An offer made by the Secretary
under paragraph (1) shall be subject to the following
conditions:
(A) The cancellation of the contracts and the
provision of compensation shall be contingent on the
availability of funds from the sale of the Victorville
disposal area under section 4, and any additional
compensation provided under subparagraph (D), as
determined necessary by the Secretary.
(B) The amount of compensation offered by the
Secretary under this subsection shall be equal to or
less than the fair market value of the contracts, as
determined under subsection (a)(1)(A)(i).
(C) The amount of compensation offered by the
Secretary under this subsection shall be equal to or
less than the projected revenues generated by the sale
of the Victorville disposal area under section 4, less
the projected lost royalties to the Federal Government
over the 10-year period beginning on the date of
enactment of this Act, as determined under subsection
(a)(1)(A)(ii).
(D) If the amount of projected revenues described
in subparagraph (C) is less than the fair market value
determined under subsection (a)(1)(A)(i), the Secretary
shall, not later than 60 days after the date on which
the Director of the Bureau of Land Management
determines the projected revenues under subparagraph
(C), negotiate an agreement with the contract holder
and the City of Santa Clarita to provide to the
Secretary amounts equal to the difference, in the form
of--
(i) compensation to be received by the
contract holder; and
(ii) compensation in a form acceptable to
the Secretary to be provided by the City of
Santa Clarita.
(3) Acceptance of offer.--
(A) In general.--The contract holder shall have 60
days from the later of the date on which the Secretary
makes the offer under paragraph (1) or an agreement is
negotiated under paragraph (2)(D) to accept the offer
or agreement.
(B) Failure to accept offer.--If the contract
holder does not accept the offer under paragraph (1) or
if an agreement is not negotiated under paragraph
(2)(D) within the time period described in subparagraph
(A), the contracts shall remain in effect and no
further actions shall taken be taken pursuant to this
Act.
SEC. 4. SALE OF LAND NEAR VICTORVILLE, CALIFORNIA.
(a) In General.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713)
and subject to subsections (b) through (f), not later than 2 years
after the date of enactment of this Act, the Secretary shall place on
the market and offer for sale by competitive bidding and in a manner
designed to obtain the highest price possible, all right, title, and
interest of the United States in and to the Victorville disposal area.
(b) Availability of Map.--The Secretary shall keep the Map on file
and available for public inspection in--
(1) the office of the Director of the Bureau of Land
Management; and
(2) the district office of the Bureau of Land Management
located in Barstow, California.
(c) Right of Local Land Use Authority To Purchase Certain Land.--
(1) In general.--Before a sale of land under subsection
(a), the Secretary shall provide to the applicable local land
use authority an exclusive preemptive right, as determined
under State law, to purchase any right, title, or interest of
the United States in and to any portion of the parcels of land
identified as ``Area A'' and ``Area B'' on the Map that is
located within the jurisdiction of the local land use
authority.
(2) Timing.--A preemptive right under paragraph (1) shall
be in effect for a period of 30 days before the land is sold
under subsection (a).
(3) Authority.--During the period described in paragraph
(2), the local land use authority may purchase some or all of
the right, title, and interest of the United States, as
provided in subsection (a), in and to the land to be offered
for sale at fair market value, as determined by an appraisal
conducted by the Secretary.
(4) Exercising right.--If the local land use authority
exercises the preemptive right under paragraph (1), the
Secretary shall convey the land to the local land use authority
immediately on payment by the local land use authority of the
entire purchase price of the applicable parcel of land.
(5) Failure to pay.--Failure by the local land use
authority to purchase and pay for the right, title, and
interest of the United States in and to the land described in
paragraph (1) within the time period described in paragraph (2)
and to comply with any other terms and conditions as the
Secretary may require shall terminate the preemptive right of
the local land use authority with respect to the right, title,
and interest offered for sale.
(d) Withdrawal and Reservation.--
(1) Withdrawal.--Subject to valid existing rights, the land
described in subsection (a) is withdrawn from--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Reservation.--In any sale or other disposal of land
under this section, there shall be reserved by the United
States the right of the United States to prospect for, mine,
and remove minerals from the conveyed land.
(e) Consultation.--In addition to any consultation otherwise
required by law, before initiating efforts to dispose of land under
this section, the Secretary shall consult with the City of Victorville,
the County of San Bernardino, and surface owners in the jurisdiction in
which the land is located regarding the potential impact of the
disposal and other appropriate aspects of the disposal.
(f) Account.--The gross proceeds of a sale of land under subsection
(a) shall be deposited in an account acceptable to the Secretary and
available only for the purposes of carrying out this Act.
SEC. 5. CANCELLATION OF CONTRACTS.
(a) In General.--On completion of the compensation to the contract
holder for the value of each contract in accordance with subsection
(b), the Secretary shall cancel the contracts and withdraw those areas
that were subject to the contracts from further mineral entry under all
mineral leasing and sales authorities available to the Secretary.
(b) Compensation; Cancellation; Retention of Funds.--
(1) In general.--Subject to paragraph (3), the Secretary
shall provide to the contract holder the compensation agreed to
under section 3(b) by disbursement of amounts from the account,
in 4 equal payments, as funds are available;
(2) Cancellation.--
(A) Contract ca-20139.--On completion of the first
2 payments to the contract holder under paragraph (1),
the Secretary shall cancel contract CA-20139.
(B) Contract ca-22901.--On completion of the
remaining 2 payments to the contract holder under
paragraph (1), the Secretary shall cancel contract CA-
22901.
(3) Retention of funds.--The Secretary shall retain
sufficient funds to cover the projected lost royalties
determined under section 3(a)(1)(A)(ii).
(c) Release and Waiver.--Upon acceptance and receipt of
compensation under subsection (b), the contract holder shall waive all
claims against the United States arising out of, or relating to, the
cancellation of the contracts.
Passed the House of Representatives December 11, 2014.
Attest:
KAREN L. HAAS,
Clerk. | . Soledad Canyon Settlement Act - (Sec. 3) Directs the Secretary of the Interior to offer to cancel Bureau of Land Management (BLM) mineral contracts CA-20139 and CA-22901 (located in Soledad Canyon, California) and compensate the contract holder for the cancellation with proceeds from the sale of certain lands near Victorville, California. (Sec. 4) Requires the Secretary to provide to the applicable local land use authority a 30-day exclusive, preemptive right to purchase specified land located within its jurisdiction. Withdraws affected areas from further mineral entry and leasing. | {"src": "billsum_train", "title": "Soledad Canyon Settlement Act"} | 2,484 | 135 | 0.563445 | 1.720278 | 0.521105 | 2.293578 | 21.073394 | 0.880734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Homeowner Refinancing
Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``current borrower'' means a mortgagor who is
current on the subject mortgage at the time of the refinancing,
and has had no late payments in the preceding 6 months and not
more than 1 late payment in the preceding 12 months;
(2) the term ``eligible mortgage'' means any mortgage
that--
(A) is an existing first mortgage that was made for
purchase of, or refinancing of another first mortgage
on, a 1- to 4-family dwelling, including a condominium
or a share in a cooperative ownership housing
association, on or before May 31, 2010;
(B) is owned or guaranteed by an enterprise;
(C) with respect to which, the mortgagor is a
current borrower; and
(D) includes existing first mortgages with a loan-
to-value ratio of less than 80 percent.
(3) the term ``enterprise'' means the Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation;
(4) the terms ``FHFA'' and ``Director'' mean the Federal
Housing Finance Agency and the Director thereof, respectively;
(5) the terms ``Home Affordable Refinance Program'' and
``Program'' mean the Home Affordable Refinance Program,
administered by the FHFA and the enterprises as part of the
Making Home Affordable initiative announced on March 4, 2009;
(6) the term--
(A) ``LTV'' means loan-to-value, or the ratio of
the amount of the primary mortgage on a property to the
value of that property; and
(B) ``CLTV'' means combined loan-to-value, or the
ratio of all mortgage debt on a property to the value
of the property;
(7) the term ``junior lien'' means a mortgage on the same
property that is--
(A) used as collateral for the eligible mortgage;
and
(B) in a subordinate position in terms of priority
and recording status;
(8) the term ``same servicer'' means a lender that is
providing refinancing for a borrower whose loan they already
service;
(9) the term ``qualified lender'' means a lender who is
eligible to make refinancing loans under the Program;
(10) the terms ``guarantee fee'' has the same meanings as
in section 1327(a) of the Housing and Community Development Act
of 1992 (12 U.S.C. 4547(a)); and
(11) the term ``average fees'' means the average
contractual fee rate of single-family guaranty arrangements by
an enterprise entered into during 2012, plus the recognition of
any up-front cash payments over an estimated average life,
expressed in terms of basis points, such definition to be
interpreted in a manner consistent with the annual report on
guarantee fees by the FHFA.
SEC. 3. STREAMLINED REFINANCING CRITERIA.
(a) In General.--In carrying out the Home Affordable Refinance
Program, each enterprise shall adopt and adhere to the criteria
established under this section.
(b) Borrower Eligibility.--The enterprises shall include as
eligible borrowers in the Home Affordable Refinance Program all current
borrowers who have an eligible mortgage and meet those underwriting
requirements for eligibility for same servicer refinancing in the
Program as of March 1, 2012, except that the enterprises may not
disqualify or impose varying rules within the Program for borrowers
based on LTV, CLTV, employment status or income.
(c) Representations and Warranties.--The enterprises shall not
require of any lender providing a loan under the Program any
representations or warranties for such a loan--
(1) for the value, marketability, condition, or property
type, as evidenced by the appraisal or alternative valuation
methods, if that lender complies with the enterprises' required
methods and standards for ordering an appraisal under the
Program; or
(2) that are not required of same servicers under the
Program as of March 1, 2012, whether that loan is manually
underwritten or underwritten through an automated system,
except that, under no circumstances shall greater
representations and warranties be required for a loan that is
manually underwritten than for one that is underwritten through
an automated system.
(d) Prohibition on Up-Front Fees.--In carrying out the Program, the
enterprises may not charge the qualified lender any loan level price
adjustment, post settlement delivery fee, adverse delivery charge, or
other similar up-front fee.
(e) Appraisals.--The enterprises shall develop and allow
alternative streamlined methods to determine the value of the property
for which refinancing is sought through the Program that eliminate the
costs to the borrower and lender associated with such determination.
Until such time as such method is developed, and when the existing
automated valuation models of the enterprises are unable to determine
the value of a certain property for which refinancing is sought through
the Program, the enterprises shall bear the costs associated with the
use of manual appraisal of that property, without passing on such costs
to the borrower or lender.
(f) Resubordination of Junior Liens.--
(1) In general.--If the holder of a junior lien fails to
resubordinate that lien, thereby preventing the refinancing of
the eligible mortgage through the Program into a new mortgage,
the holder of the junior lien shall be liable for an amount
equal to 5.0 percent of the first mortgage balance, unless--
(A) the new mortgage would increase the first
mortgage payment;
(B) the new mortgage would increase the loan
balance by more than 3 percent or $3,000, whichever is
greater;
(C) the new mortgage is an adjustable rate mortgage
or has a term exceeding 30 years;
(D) the borrower has violated the due-on-sale
clause at any time;
(E) the subordination would put the junior lien at
risk of a bankruptcy strip down;
(F) the lender seeking to originate the loan
through the Program has a lien on the original loan, or
services the loan for a party, that is already in a
junior position to the junior lien holder; or
(G) the underlying trust documents for the junior
lien, as of March 1, 2012, explicitly prohibit the
servicer of the junior lien from impacting the security
interest of the notes through resubordination.
(2) FHFA authority.--At the discretion of the Director, the
FHFA may add to the list of exceptions in paragraph (1)
additional exceptions when the Director determines a refinance
would significantly increase the risk faced by the junior lien
holder, and in which a failure to resubordinate would be
justifiable.
(3) Actions by enterprises.--Upon submission to an
enterprise of documentation by a qualified lender or eligible
borrower that the holder of a junior lien has failed to
resubordinate its lien, thereby preventing the refinancing of
the eligible mortgage through the Program into a new mortgage,
the enterprise shall charge the junior lien holder and recoup
the fine described in paragraph (1), as applicable, and shall
apply the payment to the balance of the borrower's first
mortgage.
(4) Limitations on liabilities.--A junior lien holder shall
not be liable to the enterprise or to anyone else for the fine
described in paragraph (1) if, within 30 days of the
enterprise's written determination that a junior lien holder
has failed to resubordinate its lien for any reason other than
those specified in paragraph (1), that lien holder agrees to
resubordinate its lien in compliance with this section.
(g) Carryover of Mortgage Insurance.--
(1) In general.--If a mortgage insurer backing an eligible
mortgage fails to transfer coverage to a new mortgage
refinanced through the Program or places additional
underwriting criteria or fees beyond those required by the
Program as a condition of transfer approval, thereby preventing
the refinancing of the eligible mortgage through the Program,
that mortgage insurer shall be liable for an amount equal to
5.0 percent of the first mortgage balance, unless the new
mortgage--
(A) would increase the first mortgage payment;
(B) would increase the loan balance by more than 3
percent or $3,000, whichever is greater;
(C) is an adjustable rate mortgage or has a term
exceeding 30 years; or
(D) the borrower has violated the due-on-sale
clause at any time.
(2) Actions by enterprises.--Upon submission to an
enterprise of documentation by a qualified lender or eligible
borrower that the mortgage insurer has prevented the refinance
of an eligible mortgage through the Program into a new
mortgage, the enterprise shall charge the mortgage insurer and
recoup the fine described in paragraph (1), as applicable, and
shall apply the payment to the balance of the borrower's first
mortgage.
(3) Limitation on liability.--A mortgage insurer shall not
be liable to the enterprise or to anyone else for the fine
described in paragraph (1) if, within 30 days of the
enterprise's written determination that a mortgage insurer has
prevented the refinancing of an eligible mortgage for any
reason other than those specified in paragraph (1), that
mortgage insurer agrees to transfer coverage in compliance with
this section.
(h) Limitation.--Notwithstanding any other provision of law, the
enterprises shall not be prevented from purchasing or guaranteeing a
mortgage resulting from the refinancing of an eligible mortgage
pursuant to this section and subject to all other provisions of this
section.
(i) Guarantee Fees.--
(1) In general.--
(A) Average fee.--On each mortgage refinanced under
the Program in accordance with this section, the
enterprises shall set the average fee required under
this Act, as determined by the Director in an amount
not less than the average fees imposed in 2012 for such
guarantees. The Director shall prohibit an enterprise
from offsetting the cost of the fee to the mortgage
originators, borrowers, and investors by decreasing
other charges, fees, or premiums, or in any other
manner.
(B) Authority to limit offer of guarantee.--The
Director shall prohibit an enterprise from consummating
any offer for a guarantee to a lender for mortgage-
backed securities, if the guarantee is inconsistent
with the requirements of this section.
(2) Information collection and analysis.--The Director
shall require each enterprise to provide to the Director, as
part of its annual report submitted to Congress, for loans
refinanced under the Program--
(A) a description of changes made to up-front fees
and annual fees as part of the guarantee fees
negotiated with lenders; and
(B) an assessment of how the changes in the
guarantee fees described in subparagraph (A) met the
requirements of paragraph (1).
(j) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Director shall issue any regulations or
guidance necessary to carry out the changes to the Program established
under this section, which regulations or guidance shall be put into
effect not later than 90 days after the date of enactment of this Act.
(k) Termination.--The requirements of this section shall expire
concurrent with the expiration of the Program.
SEC. 4. INFORMATION FOR BORROWERS ON ELIGIBILITY FOR THE PROGRAM.
(a) Notice to Borrowers.--Not later than 60 days after the date of
enactment of this Act, the enterprises shall notify all borrowers with
a mortgage owned or guaranteed by an enterprise about the Program and
its eligibility criteria, and inform borrowers of the website required
under subsection (b).
(b) Public Access to Eligibility Criteria.--The Director shall
establish, and the enterprises shall display a link on their homepages
to, a single website where borrowers may--
(1) determine their potential eligibility for participation
in the Program;
(2) see a complete list of and links to participating
lenders;
(3) use a mortgage refinance calculator to calculate
potential payment savings based on different interest rates;
and
(4) obtain tips on refinancing their loan.
SEC. 5. CONSISTENT REFINANCING GUIDELINES REQUIRED.
Not later than 60 days after the date of enactment of this Act, the
FHFA shall issue guidance to require the enterprises to make their
refinancing guidelines consistent to ease lender compliance
requirements, and in particular with respect to loans with less than an
80 percent loan-to-value ratio and closing cost policies of the
enterprises, which regulations or guidance shall be put into effect not
later than 90 days after the date of enactment of this Act.
SEC. 6. PROGRESS REPORTS.
The Director shall provide to Congress monthly reports on the
progress of the Program, and each enterprise shall include and
disclose, as part of its filings with the Securities and Exchange
Commission on Form 10-Q, Form 10-K, or any successors thereto, detailed
information on each enterprise's progress and results in implementing
and executing the Program. | Responsible Homeowners Refinancing Act of 2012 - Requires the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs), in carrying out the Home Affordable Refinance Program, to adopt specified criteria pertaining to: (1) borrower eligibility, (2) representations and warranties, (3) prohibition on up-front fees, (4) alternative streamlined methods to appraise the value of a property, (5) an administrative penalty for lien-holder refusal to resubordinate junior liens, (6) carryover of mortgage insurance, and (7) guarantee fees.
Requires the GSE to notify all borrowers with a mortgage owned or guaranteed by a GSE about the Program and its eligibility criteria, and inform borrowers of the website required below.
Directs the Director of the Federal Housing Finance Agency (FHFA) to establish a single website where borrowers may: (1) determine their potential eligibility for participation in the Program, (2) see a complete list of and links to participating lenders, (3) use a mortgage refinance calculator to calculate potential payment savings based on different interest rates, and (4) obtain tips on refinancing their loan.
Directs the FHFA to issue guidelines to require the GSEs to make their refinancing guidelines consistent to ease lender compliance requirements, particularly with respect to: (1) loans with less than an 80% loan-to-value ratio, and (2) GSE closing cost policies. | {"src": "billsum_train", "title": "A bill to provide for the expansion of affordable refinancing of mortgages held by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation."} | 2,875 | 321 | 0.531646 | 1.697818 | 0.860375 | 4.283217 | 9.255245 | 0.898601 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Investment and Economic
Security Act of 2017''.
SEC. 2. REVIEW OF GREENFIELD INVESTMENTS.
Section 721(a)(3) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(a)(3)) is amended--
(1) by striking ``means any merger'' and inserting the
following: ``means--
``(A) any merger'';
(2) by striking the period and inserting ``; and''; and
(3) by adding at the end the following:
``(B) any construction of a new facility in the
United States by any foreign person.''.
SEC. 3. NET BENEFIT REVIEW.
(a) In General.--Section 721 of the Defense Production Act of 1950
(50 U.S.C. App. 2170) is amended--
(1) in subsection (b)--
(A) in the heading for such subsection, by
inserting ``and Net Benefit'' after ``National
Security'';
(B) in paragraph (1)--
(i) in the heading for such paragraph, by
inserting ``and net benefit'' after ``National
security'';
(ii) in subparagraph (A), by striking
clauses (i) and (ii) and inserting the
following:
``(i) shall--
``(I) review the covered
transaction to determine the effects of
the transaction on the national
security of the United States; and
``(II) consider the factors
specified in subsection (f) for such
purpose, as appropriate; and
``(ii) shall review the covered transaction
to determine whether such transaction is of net
benefit to the United States, as provided under
subsection (o).''; and
(iii) by adding at the end the following:
``(G) Mandatory net benefit review for certain
covered transactions.--The President and the Committee
shall initiate a net benefit review of a covered
transaction under subparagraph (A)(ii) if such
transaction meets the requirements of paragraphs (1)
and (2) of section 7A(a) of the Clayton Act (15 U.S.C.
18a(a)).''; and
(C) in paragraph (3)(A), by inserting ``national
security'' before ``review'' each place it appears in
the heading and text of such subparagraph; and
(2) by adding at the end the following:
``(o) Performance of Net Benefit Determination.--
``(1) Factors to be considered.--For purposes of carrying
out the net benefit determination under subsection
(b)(1)(A)(ii), the President, acting through the Committee,
shall consider--
``(A) the effect on the level of economic activity
in the United States on--
``(i) the level and quality of employment;
``(ii) resource processing;
``(iii) the utilization of parts and
services produced in the United States;
``(iv) the utilization of products, parts,
and services imported into the United States;
and
``(v) exports from the United States;
``(B) the effect of the proposed or pending
transaction on productivity, industrial efficiency,
technological development, technology transfers, and
product innovation in the United States;
``(C) the effect of the proposed or pending
transaction on competition within any industry in the
United States or between the United States and other
countries;
``(D) the compatibility of the proposed or pending
transaction with national industrial and economic
policies;
``(E) the effect on the public health, safety, the
environment, and well-being of United States consumers;
``(F) in the case of a covered transaction that is
a foreign government-influenced transaction--
``(i) the governance and commercial
orientation of the foreign person engaging in
such transaction;
``(ii) how and the extent to which the
foreign person engaging in such transaction is
owned or controlled by a foreign government or
its conduct and operations are influenced by a
foreign government, including considering the
stated government policies of the country of
origin of the foreign person regarding
government support or policies relating to the
economic sector involved in such transaction;
``(iii) whether the foreign person engaging
in such transaction--
``(I) adheres to United States
standards of corporate governance
(including commitments to transparency
and disclosure, independent members of
the board of directors, independent
audit committees, and equitable
treatment of shareholders);
``(II) adheres to United States
laws and practices; and
``(III) is a foreign person of a
country whose government has adequately
engaged with the Securities and
Exchange Commission and the Public
Company Accounting Oversight Board in
order to promote and ensure adequate
transparency; and
``(iv) whether the foreign person engaging
in such transaction will likely operate on a
commercial basis if such transaction is
completed, including with regard to--
``(I) where to export;
``(II) where to process;
``(III) the participation of United
States citizens in its operations in
the United States and elsewhere;
``(IV) the impact of the investment
on productivity and industrial
efficiency in the United States;
``(V) support of on-going
innovation, research, and development
in the United States;
``(VI) sourcing patterns; and
``(VII) the appropriate level of
capital expenditures to maintain the
United States business in a globally
competitive position; and
``(G) such other factors as the Committee
determines appropriate.
``(2) Determining net benefit.--In making a net benefit
determination under subsection (b)(1)(A)(ii)--
``(A) judgments will be made both in measuring the
effects of a proposed or pending transaction in
relation to the relevant individual factors under
paragraph (1) and in measuring the aggregate net effect
after offsetting the negative effects, if any, against
the positive ones; and
``(B) a proposed or pending transaction will be
determined to be of net benefit to the United States
when the aggregate net effect is positive, regardless
of its extent over the short- and long-term.
``(3) Right to appeal; final determination.--
``(A) Appeal of determination.--If the Committee
makes a determination that the covered transaction will
not be of net benefit to the United States, the parties
to the covered transaction may, within the 30-day
period following such determination, submit additional
information to the Committee to demonstrate that the
transaction will be of net benefit to the United
States.
``(B) Final determination.--The Committee shall--
``(i) make a final determination of whether
the covered transaction will be of net benefit
to the United States before the end of the 30-
day period beginning on the date that
additional information is submitted pursuant to
subparagraph (A); and
``(ii) if such determination is that the
covered transaction will not be of net benefit
to the United States, refer such determination
to the President.
``(4) Certifications to congress.--Notwithstanding
subsection (b)(3), upon a final determination by the Committee
under this subsection, the chairperson and the head of the lead
agency shall make certifications to the Congress on the net
benefit determination that are as close as practicable to the
certifications required under subsection (b)(3) for the
national security review.
``(5) Action by president after net benefit review.--
``(A) In general.--If the Committee refers a
determination to the President pursuant to paragraph
(3)(ii), the President shall, within the 15-day period
beginning on the date of such referral, review such
determination and announce whether the President
determines the covered transaction is of net benefit to
the United States.
``(B) Factors to be considered.--For purposes of
making a determination under subparagraph (A), the
President shall consider, among other factors each of
the factors described in paragraph (1), as appropriate.
``(C) Prohibition of certain transactions.--If the
President, pursuant to subparagraph (A), determines
that a covered transaction is not of net benefit to the
United States, such covered transaction is prohibited.
``(D) Enforcement.--The President shall direct the
Attorney General of the United States to seek
appropriate relief, including divestment relief, in the
district courts of the United States, in order to
implement and enforce this paragraph.
``(E) Determinations nonreviewable.--A
determination of the President under this paragraph
shall not be subject to judicial review.
``(6) Committee membership for purposes of a net benefit
determination.--For purposes of carrying out the net benefit
determination under subsection (b)(1)(A)(ii) and this
subsection, the Committee shall be composed of the following
members or the designee of any such member:
``(A) The Attorney General of the United States.
``(B) The Secretary of Commerce.
``(C) The Secretary of Labor.
``(D) The Secretary of the Treasury.
``(E) The United States Trade Representative.
``(F) The Secretary of Energy.
``(G) The Secretary of Transportation.
``(H) If the President determines that the covered
transaction may affect the agricultural sector,
including food safety, the Secretary of Agriculture.
``(I) If the President determines that the covered
transaction may affect the public health, including
food safety, the Secretary of Health and Human
Services.
``(7) Foreign government-influenced transaction defined.--
For purposes of this subsection, the term `foreign government-
influenced transaction' means any covered transaction where the
foreign person engaging in such transaction is owned,
controlled, or influenced, directly or indirectly, by a foreign
government.''.
(b) Rulemaking.--Not later than the end of the 180-day period
beginning on the date of the enactment of this Act, the President shall
issue regulations to carry out section 721(o) of the Defense Production
Act of 1950, as added by subsection (a).
SEC. 4. ADDITIONAL REVISIONS TO DEFINITIONS.
Section 721(a) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(a)) is amended--
(1) in paragraph (4)--
(A) by striking ``by a foreign government'' and
inserting the following: ``by--
``(A) a foreign government'';
(B) by striking the period and inserting ``; or'';
and
(C) by adding at the end the following:
``(B) a person with access, directly or indirectly,
to below-market loans or other financing from a foreign
government.''; and
(2) in paragraph (6)--
(A) by striking ``virtual, so vital'' and inserting
the following: ``virtual--
``(A) so vital'';
(B) by striking the period and inserting ``; or'';
and
(C) by adding at the end the following:
``(B) in a critical infrastructure sector, as
determined by the Secretary of Homeland Security
pursuant to the Presidential Policy Director titled
`Presidential Policy Directive--Critical Infrastructure
Security and Resilience' (Feb. 12, 2013).''. | Foreign Investment and Economic Security Act of 2017 This bill amends the Defense Production Act of 1950 to provide for: (1) national security reviews of transactions involving the construction of a new facility in the United States by any foreign person (currently, national security reviews are conducted only for certain mergers, acquisitions, or takeovers by or with a foreign person); and (2) net U.S. benefit reviews of new construction, mergers, acquisitions, or takeovers by or with a foreign person. The bill makes net benefit reviews mandatory for transactions that meet specified Clayton Act requirements. The Committee on Foreign Investment in the United States (CFIUS) shall consider a transaction's effect on: (1) employment, resource processing, utilization of parts and services produced in or imported into the United States, and exports; (2) industrial efficiency, technological development, technology transfers, and product innovation; (3) domestic or foreign competition; (4) compatibility with national industrial and economic policies; and (5) public health, safety, and the environment. In the case of a net benefit determination concerning a foreign government-influenced transaction, the CFIUS must consider: the governance and commercial orientation of the foreign person engaging in such transaction; the extent to which the foreign person is owned, controlled, or influenced by the foreign government; and adherence to U.S. law and corporate governance standards, engagement of the foreign country with the Securities and Exchange Commission and the Public Company Accounting Oversight Board, and the likelihood of commercial operation. The bill prohibits transactions that the President determines are not of net U.S. benefit and bars judicial review of such determinations. The bill also revises the composition of the CFIUS for the purpose of carrying out net benefit determinations. The term "foreign government-controlled transaction" is revised to include a person with access to below-market loans or other financing from a foreign government. | {"src": "billsum_train", "title": "Foreign Investment and Economic Security Act of 2017"} | 2,506 | 407 | 0.583096 | 1.818993 | 0.81266 | 2.771505 | 6.467742 | 0.846774 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Trust Account Act of
2006''.
SEC. 2. LONG-TERM CARE TRUST ACCOUNTS.
(a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 (relating to exempt organizations) is amended by adding at
the end the following new part:
``PART IX--LONG-TERM CARE TRUST ACCOUNTS
``SEC. 530A. LONG-TERM CARE TRUST ACCOUNTS.
``(a) General Rule.--A Long-Term Care Trust Account shall be exempt
from taxation under this subtitle. Notwithstanding the preceding
sentence, such account shall be subject to the taxes imposed by section
511 (relating to imposition of tax on unrelated business income of
charitable organizations).
``(b) Long-Term Care Trust Account.--For purposes of this section,
the term `Long-Term Care Trust Account' means a trust created or
organized in the United States for the exclusive benefit of an
individual who is the designated beneficiary of the trust and which is
designated (in such manner as the Secretary shall prescribe) at the
time of the establishment of the trust as a Long-Term Care Trust
Account, but only if the written governing instrument creating the
trust meets the following requirements:
``(1) Except in the case of a qualified rollover
contribution described in subsection (d)--
``(A) no contribution will be accepted unless it is
in cash, and
``(B) contributions will not be accepted for the
calendar year in excess of the contribution limit
specified in subsection (c)(1).
``(2) The trustee is a bank (as defined in section 408(n)),
an insurance company (as defined in section 816), or another
person who demonstrates to the satisfaction of the Secretary
that the manner in which that person will administer the trust
will be consistent with the requirements of this section or who
has so demonstrated with respect to any individual retirement
plan.
``(3) No part of the trust assets will be invested in life
insurance contracts.
``(4) The interest of an individual in the balance of his
account is nonforfeitable.
``(5) The assets of the trust shall not be commingled with
other property except in a common trust fund or common
investment fund.
``(6) Except as provided in subsection (e)(2), no
distribution will be allowed if at the time of such
distribution the designated beneficiary is not a chronically
ill individual (as defined in section 7702B(c)(2)).
``(c) Tax Treatment of Contributions.--
``(1) Contribution limit.--
``(A) In general.--The aggregate amount of
contributions (other than qualified rollover
contributions described in subsection (d)) for any
taxable year to all Long-Term Care Trust Accounts
maintained for the benefit of the designated
beneficiary shall not exceed $5,000.
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2006,
the dollar amount under subparagraph (A) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the medical care cost adjustment
determined under section 213(d)(10)(B)(ii) for
the calendar year in which the taxable year
begins, determined by substituting `2005' for
`1996' in subclause (II) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10, such amount shall be rounded
to the next lowest multiple of $10.
``(2) Gift tax treatment of contributions.--For purposes of
chapters 12 and 13--
``(A) In general.--Any contribution to a Long-Term
Care Trust Account on behalf of any designated
beneficiary--
``(i) shall be treated as a completed gift
to such beneficiary which is not a future
interest in property, and
``(ii) shall not be treated as a qualified
transfer under section 2503(e).
``(B) Treatment of excess contributions.--If the
aggregate amount of contributions described in
subparagraph (A) during the calendar year by a donor
exceeds the limitation for such year under section
2503(b), such aggregate amount shall, at the election
of the donor, be taken into account for purposes of
such section ratably over the 5-year period beginning
with such calendar year.
``(d) Qualified Rollover Contribution.--For purposes of this
section, the term `qualified rollover contribution' means a
contribution to a Long-Term Care Trust Account--
``(1) from another such account of the same beneficiary,
but only if such amount is contributed not later than the 60th
day after the distribution from such other account, and
``(2) from a Long-Term Care Trust Account of a spouse of
the beneficiary of the account to which the contribution is
made, but only if such amount is contributed not later than the
60th day after the distribution from such other account.
``(e) Tax Treatment of Distributions.--
``(1) In general.--Any distribution from a Long-Term Care
Trust Account shall be includible in the gross income of the
distributee in the manner as provided under section 72 to the
extent not excluded from gross income under any other provision
of this subsection.
``(2) Long-term care insurance premiums.--If at the time of
any distribution, the designated beneficiary is not a
chronically ill individual (as defined in section 7702B(c)(2)),
no amount shall be includible in gross income under paragraph
(1) if the aggregate premiums for any qualified long-term care
insurance contract for such beneficiary during the taxable year
are not less than the aggregate distributions during the
taxable year.
``(3) Distributions for qualified long-term care
services.--For purposes of this subsection, if at the time of
any distribution, the designated beneficiary is a chronically
ill individual (as so defined)--
``(A) In-kind distributions.--No amount shall be
includible in gross income under paragraph (1) by
reason of a distribution which consists of providing a
benefit to the distributee which, if paid for by the
distributee, would constitute expenses for any
qualified long-term care services (as defined in
section 7702B(c)).
``(B) Cash distributions.--In the case of
distributions not described in subparagraph (A), if--
``(i) such distributions do not exceed the
expenses for qualified long-term care services
(as so defined), reduced by expenses described
in subparagraph (A), no amount shall be
includible in gross income, and
``(ii) in any other case, the amount
otherwise includible in gross income shall be
reduced by an amount which bears the same ratio
to such amount as such expenses bear to such
distributions.
``(4) Change in beneficiaries or accounts.--Paragraph (1)
shall not apply to that portion of any distribution which,
within 60 days of such distribution, is transferred--
``(A) to another Long-Term Care Trust Account for
the benefit of the designated beneficiary, or
``(B) to the credit of another designated
beneficiary under a Long-Term Care Trust Account who is
a spouse of the designated beneficiary with respect to
which the distribution was made.
``(5) Operating rules.--For purposes of applying section
72--
``(A) to the extent provided by the Secretary, all
Long-Term Care Trust Accounts of which an individual is
a designated beneficiary shall be treated as one
account,
``(B) except to the extent provided by the
Secretary, all distributions during a taxable year
shall be treated as one distribution, and
``(C) except to the extent provided by the
Secretary, the value of the contract, income on the
contract, and investment in the contract shall be
computed as of the close of the calendar year in which
the taxable year begins.
``(6) Special rules for death and divorce.--
``(A) In general.--Rules similar to the rules of
paragraphs (7) and (8) of section 220(f) shall apply.
``(B) Amounts includible in estate of donor making
excess contributions.--In the case of a donor who makes
the election described in subsection (c)(2)(B) and who
dies before the close of the 5-year period referred to
in such subsection, the gross estate of the donor shall
include the portion of such contributions properly
allocable to periods after the date of death of the
donor.
``(7) Additional tax.--The tax imposed by this chapter for
any taxable year on any taxpayer who receives a payment or
distribution from a Long-Term Care Trust Account which is
includible in gross income shall be increased by 25 percent of
the amount which is so includible under rules similar to the
rules of section 530(d)(4).
``(8) Denial of double benefit.--For purposes of
determining the amount of any deduction under this chapter, any
payment or distribution out of a Long-Term Care Trust Account
shall not be treated as an expense paid for medical care.
``(f) Designated Beneficiary.--For purposes of this section, the
term `designated beneficiary' means the individual designated at the
commencement of participation in the Long-Term Care Trust Account as
the beneficiary of amounts paid (or to be paid) to the account.
``(g) Loss of Taxation Exemption of Account Where Beneficiary
Engages in Prohibited Transaction.--Rules similar to the rules of
paragraph (2) of section 408(e) shall apply to any Long-Term Care Trust
Account.
``(h) Custodial Accounts.--For purposes of this section, a
custodial account or an annuity contract issued by an insurance company
qualified to do business in a State shall be treated as a trust under
this section if--
``(1) the custodial account or annuity contract would,
except for the fact that it is not a trust, constitute a trust
which meets the requirements of subsection (b), and
``(2) in the case of a custodial account, the assets of
such account are held by a bank (as defined in section 408(n))
or another person who demonstrates, to the satisfaction of the
Secretary, that the manner in which he will administer the
account will be consistent with the requirements of this
section.
For purposes of this title, in the case of a custodial account or
annuity contract treated as a trust by reason of the preceding
sentence, the person holding the assets of such account or holding such
annuity contract shall be treated as the trustee thereof.
``(i) Reports.--The trustee of a Long-Term Care Trust Account shall
make such reports regarding such account to the Secretary and to the
beneficiary of the account with respect to contributions,
distributions, and such other matters as the Secretary may require. The
reports required by this subsection shall be filed at such time and in
such manner and furnished to such individuals at such time and in such
manner as may be required.''.
(b) Tax on Excess Contributions.--
(1) In general.--Subsection (a) of section 4973 of the
Internal Revenue Code of 1986 (relating to tax on excess
contributions to certain tax-favored accounts and annuities) is
amended by striking ``or'' at the end of paragraph (4), by
inserting ``or'' at the end of paragraph (5), and by inserting
after paragraph (5) the following new paragraph:
``(6) a Long-Term Care Trust Account (as defined in section
530A),''.
(2) Excess contribution.--Section 4973 of such Code is
amended by adding at the end the following new subsection:
``(h) Excess Contributions to Long-Term Care Trust Accounts.--For
purposes of this section--
``(1) In general.--In the case of Long-Term Care Trust
Accounts (within the meaning of section 530A), the term `excess
contributions' means the sum of--
``(A) the amount by which the amount contributed
for the calendar year to such accounts (other than
qualified rollover contributions (as defined in section
530A(d))) exceeds the contribution limit under section
530A(c)(1), and
``(B) the amount determined under this subsection
for the preceding calendar year, reduced by the excess
(if any) of the maximum amount allowable as a
contribution under section 530A(c)(1) for the calendar
year over the amount contributed to the accounts for
the calendar year.
``(2) Special rule.--A contribution shall not be taken into
account under paragraph (1) if such contribution (together with
the amount of net income attributable to such contribution) is
returned to the beneficiary before June 1 of the year following
the year in which the contribution is made.''.
(c) Failure To Provide Reports on Long-Term Care Trust Accounts.--
Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986
(relating to failure to provide reports on individual retirement
accounts or annuities) is amended by striking ``and'' at the end of
subparagraph (D), by striking the period at the end of subparagraph (E)
and inserting ``, and'', and by adding at the end the following new
subparagraph:
``(F) section 530A(i) (relating to Long-Term Care
Trust Accounts).''.
(d) Conforming Amendment.--The table of parts for subchapter F of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Part IX. Long-Term Care Trust Accounts''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 3. REFUNDABLE CREDIT FOR CONTRIBUTIONS TO LONG-TERM CARE TRUST
ACCOUNTS.
(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 inserting after section 35 the following new section:
``SEC. 35A. CONTRIBUTIONS TO LONG-TERM CARE TRUST ACCOUNTS.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year an amount equal to 10 percent of the contributions to any
Long-Term Care Trust Account allowed under section 530A for such
taxable year.
``(b) Reduction Based on Adjusted Gross Income.--
``(1) In general.--The percentage which would (but for this
subsection) be taken into account under subsection (a) for the
taxable year shall be reduced (but not below zero) by the
percentage determined under paragraph (2).
``(2) Amount of reduction.--The percentage determined under
this paragraph is the percentage which bears the same ratio to
the percentage which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's adjusted gross income
for such taxable year, over
``(ii) $95,000 ($190,000 in the case of a
joint return), bears to
``(B) $10,000 ($20,000 in the case of a joint
return).
``(3) Adjusted gross income.--For purposes of this
subsection, adjusted gross income shall be determined without
regard to sections 911, 931, and 933.
``(c) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any amount taken into account in determining the
credit under 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 35A of such Code''.
(2) The table of sections of subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 35
the following new item:
``Sec. 35A. Contributions to Long-Term Care Trust Accounts.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2005. | Long-Term Care Trust Account Act of 2006 - Amends the Internal Revenue Code to: (1) establish tax-exempt long-term care trust accounts; (2) allow cash contributions to such accounts up to $5,000 annually; (3) allow an exclusion from gross income for certain distributions, including for long-term care services for chronically-ill individuals; (4) impose penalties for excess contributions to such accounts and for failure to provide required reports on such accounts; and (5) allow a refundable tax credit for 10% of the annual contributions to such accounts. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to establish long-term care trust accounts and allow a refundable tax credit for contributions to such accounts, and for other purposes."} | 3,686 | 115 | 0.575199 | 1.438097 | 0.594109 | 2.5 | 29.736842 | 0.850877 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mutual Fund Transparency Act of
2003''.
SEC. 2. DISCLOSURE OF FINANCIAL RELATIONSHIPS BETWEEN BROKERS AND
MUTUAL FUND COMPANIES.
(a) In General.--Section 15(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following:
``(11) Confirmation of transactions for mutual funds.--
``(A) In general.--Each broker shall disclose in
writing to customers that purchase the shares of an
open-end company registered under section 8 of the
Investment Company Act of 1940 (15 U.S.C. 80a-8)--
``(i) the amount of any compensation
received or to be received by the broker in
connection with such transaction from any
sources; and
``(ii) such other information as the
Commission determines appropriate.
``(B) Timing of disclosure.--The disclosure
required under subparagraph (A) shall be made to a
customer not later than as of the date of the
completion of the transaction.
``(C) Limitation.--The disclosures required under
subparagraph (A) may not be made exclusively in--
``(i) a registration statement or
prospectus of an open-end company; or
``(ii) any other filing of an open-end
company with the Commission.
``(D) Commission authority.--
``(i) In general.--The Commission shall
promulgate such rules as are necessary to carry
out this paragraph not later than 1 year after
the date of enactment of the Mutual Fund
Transparency Act of 2003.
``(ii) Form of disclosure.--Disclosures
under this paragraph shall be in such form as
the Commission, by rule, shall require.
``(E) Definition.--In this paragraph, the term
`open-end company' has the same meaning as in section 5
of the Investment Company Act of 1940 (15 U.S.C. 80a-
5).''.
(b) Disclosure of Brokerage Commissions.--Section 30 of the
Investment Company Act of 1940 (15 U.S.C. 80a-29) is amended by adding
at the end the following:
``(k) Disclosure of Brokerage Commissions.--The Commission, by
rule, shall require that brokerage commissions as an aggregate dollar
amount and percentage of assets paid by an open-end company be included
in any disclosure of the amount of fees and expenses that may be
payable by the holder of the securities of such company for purposes
of--
``(1) the registration statement of that open-end company;
and
``(2) any other filing of that open-end company with the
Commission, including the calculation of expense ratios.''.
SEC. 3. MUTUAL FUND GOVERNANCE.
(a) Independent Fund Boards.--Section 10(a) of the Investment
Company Act of 1940 (15 U.S.C. 80a-10(a)) is amended--
(1) by striking ``shall have'' and inserting the following:
``shall--
``(1) have'';
(2) by striking ``60 per centum'' and inserting ``25
percent'';
(3) by striking the period at the end and inserting a
semicolon; and
(4) by adding at the end the following:
``(2) have as chairman of its board of directors an
interested person of such registered company; or
``(3) have as a member of its board of directors any person
that is an interested person of such registered investment
company--
``(A) who has served without being approved or
elected by the shareholders of such registered
investment company at least once every 5 years; and
``(B) unless such director has been found, on an
annual basis, by a majority of the directors who are
not interested persons, after reasonable inquiry by
such directors, not to have any material business or
familial relationship with the registered investment
company, a significant service provider to the company,
or any entity controlling, controlled by, or under
common control with such service provider, that is
likely to impair the independence of the director.''.
(b) Action by Independent Directors.--Section 10 of the Investment
Company Act of 1940 (15 U.S.C. 80a-10) is amended by adding at the end
the following:
``(i) Action by Board of Directors.--No action taken by the board
of directors of a registered investment company may require the vote of
a director who is an interested person of such registered investment
company.
``(j) Independent Committee.--
``(1) In general.--The members of the board of directors of
a registered investment company who are not interested persons
of such registered investment company shall establish a
committee comprised solely of such members, which committee
shall be responsible for--
``(A) selecting persons to be nominated for
election to the board of directors; and
``(B) adopting qualification standards for the
nomination of directors.
``(2) Disclosure.--The standards developed under paragraph
(1)(B) shall be disclosed in the registration statement of the
registered investment company.''.
(c) Definition of Interested Person.--Section 2(a)(19) of the
Investment Company Act of 1940 (15 U.S.C. 80a-2) is amended--
(1) in subparagraph (A)--
(A) in clause (iv), by striking ``two'' and
inserting ``5''; and
(B) by striking clause (vii) and inserting the
following:
``(vii) any natural person who has served
as an officer or director, or as an employee
within the preceding 10 fiscal years, of an
investment adviser or principal underwriter to
such registered investment company, or of any
entity controlling, controlled by, or under
common control with such investment adviser or
principal underwriter;
``(viii) any natural person who has served
as an officer or director, or as an employee
within the preceding 10 fiscal years, of any
entity that has within the preceding 5 fiscal
years acted as a significant service provider
to such registered investment company, or of
any entity controlling, controlled by, or under
the common control with such service provider;
``(ix) any natural person who is a member
of a class of persons that the Commission, by
rule or regulation, determines is unlikely to
exercise an appropriate degree of independence
as a result of--
``(I) a material business
relationship with the investment
company or an affiliated person of such
investment company;
``(II) a close familial
relationship with any natural person
who is an affiliated person of such
investment company; or
``(III) any other reason determined
by the Commission.'';
(2) in subparagraph (B)--
(A) in clause (iv), by striking ``two'' and
inserting ``5''; and
(B) by striking clause (vii) and inserting the
following:
``(vii) any natural person who is a member
of a class of persons that the Commission, by
rule or regulation, determines is unlikely to
exercise an appropriate degree of independence
as a result of--
``(I) a material business
relationship with such investment
adviser or principal underwriter or
affiliated person of such investment
adviser or principal underwriter;
``(II) a close familial
relationship with any natural person
who is an affiliated person of such
investment adviser or principal
underwriter; or
``(III) any other reason as
determined by the Commission.''.
(d) Definition of Significant Service Provider.--Section 2(a) of
the Investment Company Act of 1940 is amended by adding at the end the
following:
``(53) Significant service provider.--
``(A) In general.--Not later than 270 days after
the date of enactment of the Mutual Fund Transparency
Act of 2003, the Securities and Exchange Commission
shall issue final rules defining the term `significant
service provider'.
``(B) Requirements.--The definition developed under
paragraph (1) shall include, at a minimum, the
investment adviser and principal underwriter of a
registered investment company for purposes of paragraph
(19).''.
(e) Study.--
(1) In general.--The Securities and Exchange Commission
shall conduct a study to determine whether the best interests
of investors in mutual funds would be served by the creation of
a Mutual Fund Oversight Board that--
(A) has inspection, examination, and enforcement
authority over mutual fund boards of directors;
(B) is funded by assessments against mutual fund
assets;
(C) the members of which are selected by the
Securities and Exchange Commission; and
(D) has rulemaking authority.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Securities and Exchange Commission
shall submit a report on the study required under paragraph (1)
to--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(B) the Committee on Financial Services of the
House of Representatives.
SEC. 4. PORTFOLIO MANAGER COMPENSATION.
Not later than 270 days after the date of enactment of this Act,
the Securities and Exchange Commission shall prescribe rules under the
Investment Company Act of 1940, requiring that a registered investment
company disclose the structure of, or method used to determine, the
compensation of--
(1) individuals employed by the investment adviser of the
company to manage the portfolio of the company; and
(2) the ownership interest of such individuals in the
securities of the registered investment company.
SEC. 5. FINANCIAL LITERACY AMONG MUTUAL FUND INVESTORS STUDY.
(a) In General.--The Securities and Exchange Commission shall
conduct a study to identify--
(1) the existing level of financial literacy among
investors that purchase shares of open-end companies, as such
term is defined under section 5 of the Investment Company Act
of 1940, that are registered under section 8 of such Act;
(2) the most useful and understandable relevant information
that investors need to make sound financial decisions prior to
purchasing such shares;
(3) methods to increase the transparency of expenses and
potential conflicts of interest in transactions involving the
shares of open-end companies;
(4) the existing private and public efforts to educate
investors; and
(5) a strategy to increase the financial literacy of
investors that results in a positive change in investor
behavior.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Securities and Exchange Commission shall submit a report
on the study required under subsection (a) to--
(1) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(2) the Committee on Financial Services of the House of
Representatives.
SEC. 6. STUDY REGARDING MUTUAL FUND ADVERTISING.
(a) In General.--The Comptroller General of the United States shall
conduct a study on mutual fund advertising to identify--
(1) existing and proposed regulatory requirements for open-
end investment company advertisements;
(2) current marketing practices for the sale of open-end
investment company shares, including the use of unsustainable
past performance data, funds that have merged, and incubator
funds;
(3) the impact of such advertising on consumers;
(4) recommendations to improve investor protections in
mutual fund advertising and additional information necessary to
ensure that investors can make informed financial decisions
when purchasing shares.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report on the results of the study conducted under subsection (a) to--
(1) the Committee on Banking, Housing, and Urban Affairs of
the United States Senate; and
(2) the Committee on Financial Services of the House of
Representatives. | Mutual Fund Transparency Act of 2003 - Amends the Securities Exchange Act of 1934 to require brokers to disclose in writing to purchasers of mutual funds the amount of any compensation received or to be received by the broker in connection with the transaction.
Prohibits such disclosure from appearing exclusively in either a registration statement or prospectus of an open-end company, or any other filing with the Securities and Exchange Commission (SEC).
Amends the Investment Company Act of 1940 to direct the SEC to require, by rule, that brokerage commissions paid by an open-end company be included in any disclosure of fees and expenses payable by a holder of company securities in a registration statement or other filing with the SEC, including the calculation of expense ratios.
Reduces from 60 percent to 25 percent the number of interested persons who may serve on the board of directors of a registered investment company. Prohibits any interested person from serving as board chairman.
Prohibits an interested person from serving on such board unless the person has been: (1) approved or elected by the shareholders at least once every five years; and (2) found, on an annual basis, not to have any material business or familial relationship with the registered investment company, a significant service provider to the company, or any entity controlling, controlled by, or under common control with such service provider that is likely to impair his or her independence. Declares that no action taken by the board of directors of a registered investment company may require the vote of an interested director.
Requires the members of the board of directors who are not interested persons to establish a committee composed solely of such members to: (1) select nominees for election to the board; and (2) adopt qualification standards for such nominees.
Directs the SEC to study and report to specified congressional committees on: (1) whether the best interests of investors in mutual funds would be served by creation of a Mutual Fund Oversight Board; and (2) financial literacy among mutual fund investors.
Directs the SEC to prescribe rules for disclosure by a registered investment company of the compensation structure for individuals employed by the investment adviser to manage the company portfolio, and the ownership interest of such individuals in the securities of the registered investment company. | {"src": "billsum_train", "title": "A bill to require disclosure of Financial relationships between brokers and mutual fund companies and of certain brokerage commissions paid by mutual fund companies."} | 2,609 | 471 | 0.567025 | 1.88694 | 0.714014 | 4.054795 | 5.609589 | 0.931507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on American
Cybersecurity Act of 2008''.
SEC. 2. ESTABLISHMENT OF THE COMMISSION.
There is established a commission to be known as the ``National
Commission on American Cybersecurity'' (hereinafter in this Act
referred to as the ``Commission''.
SEC. 3. DUTIES OF THE COMMISSION.
The duties of the Commission shall be--
(1) to analyze the cybersecurity of American business,
national infrastructure, and United States Government non-
military and non-national security related computer systems
against compromise from foreign entities, both governmental and
private;
(2) to assess the current effectiveness of those American
institutions and National infrastructure in remaining secure
against foreign interference; and
(3) to recommend a comprehensive cybersecurity strategy for
American business, national infrastructure, and United States
Government non-military and non-national security related
computer systems.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 13
members as follows:
(1) 1 member, who shall serve as the chairman of the
Commission, appointed by the Speaker of the House of
Representatives.
(2) 2 members appointed by the majority leader of the House
of Representatives.
(3) 2 members appointed by the minority leader of the House
of Representatives.
(4) 2 members appointed by the majority leader of the
Senate.
(5) 2 members appointed by the minority leader of the
Senate.
(6) 4 members appointed by the President.
(b) Qualifications.--
(1) Expertise.--Each member of the Commission shall be
appointed on the basis of recognized expertise, experience, or
familiarity with computers, the internet, or the security
issues specified in section 3.
(2) Non-government sector.--Members of the Commission may
not be officers, employees, or elected officials of any
government while serving as members of the Commission.
(c) Political Party Affiliation.--Not more than 7 members of the
Commission shall be from the same political party.
(d) Continuation of Membership.--If a member was appointed to the
Commission because the member was not an officer, employee, or elected
official of any government and later becomes such an officer, employee,
or official, that member may continue as a member of the Commission for
not longer than the 60-day period beginning on the date that member
becomes such an officer, employee, or official, as the case may be.
(e) Terms.--Each member shall be appointed for the life of the
Commission.
(f) Basic Pay.--To the extent or in the amounts provided in advance
in appropriation Acts, each member of the Commission may be compensated
at a level 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.
(g) Travel Expenses.--Each member 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.
(h) Quorum.--7 members of the Commission shall constitute a quorum,
but a lesser number may hold hearings.
(i) Meetings.--The Commission shall meet upon the call of the
chairman or a majority of its members.
SEC. 5. STAFF OF COMMISSION.
(1) Director.--The Chairman of the Commission, in
accordance with the rules agreed upon by the Commission, may
appoint a Director. The Director shall be paid at a rate not to
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) Staff.--The Chairman of the Commission, in accordance
with rules agreed upon by the Commission, may appoint and fix
the compensation of additional 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
schedules pay rates; except that no rate of pay fixed under
this paragraph may exceed the equivalent of that payable for a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(3) Experts and consultants.--Subject to rules prescribed
by the Commission, the Commission may procure temporary and
intermittent services under section 3109(b) or title 5, United
States Code, but at rates for individuals not to exceed the
daily rate paid to a person occupying a position at level IV of
the Executive Schedule under section 5315 of title 5, United
States Code.
(4) 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 it in carrying
out its duties under this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon the request of the
Chairperson, the head of that department or agency shall furnish that
information to the Commission.
(d) 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.
(e) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter which the
Commission is empowered to investigate. The attendance of
witnesses and the production of evidence may be required from
any place within the United States at any designated place of
hearing within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1) of this subsection,
the Commission may apply to a United States district court for
an order requiring that person to appear before the Commission
to give testimony, produce evidence, or both, relating to the
matter under investigation. The application may be made within
the judicial district where the hearing is conducted or where
that person is found, resides, or transacts business. Any
failure to obey the order of the court may be punished by the
court as civil contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for by a United States
District court under the Federal Rules of Civil Procedure for
the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) of this subsection may
be served in the judicial district in which the person required
to be served resides or may be found.
(f) Immunity.--The Commission is an agency of the United States for
the purpose of part V of title 18, United States Code. A person may not
be excused from testifying or from producing evidence pursuant to a
subpoena on the ground that the testimony or evidence required by the
subpoena may tend to incriminate or subject that person to criminal
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any
transaction, matter, or thing which that person is compelled to testify
about or produce evidence relating to, except that the person may be
prosecuted for perjury committed during the testimony or made in the
evidence.
SEC. 7. REPORTS.
(a) Interim Reports.--The Commission may submit to the President
and the Congress interim reports as the Commission considers
appropriate.
(b) Final Reports.--The Commission shall transmit a final report to
the President and the Congress not later than 24 months after the
Commission's first meeting. The final report shall contain a detailed
statement of the findings and conclusions of the Commission, together
with its recommendations.
(c) Reports Available to the Public.--All findings and reports
issued by the Commission shall be made available to the public.
SEC. 8. TERMINATION.
The Commission, and all the authorities of this Act, shall
terminate 30 days after the date on which the final report is submitted
under section 7(b). | National Commission on American Cybersecurity Act of 2008 - Establishes the National Commission on American Cybersecurity to analyze the cybersecuirty of American business, national infrastructure, and U.S. Government non-military and non-national security related computer systems and to recommend a comprehensive cybersecurity strategy for those systems. | {"src": "billsum_train", "title": "To establish the American Cybersecurity Commission to investigate the current threats to the cybersecurity of American business and infrastructure from foreign entities."} | 1,980 | 71 | 0.555642 | 1.363069 | 1.187196 | 4.826923 | 35.403846 | 0.942308 |
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