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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Share the Sacrifice Act of 2007''.
SEC. 2. ESTABLISHMENT OF TEMPORARY IRAQ WAR SURTAX.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 (relating to normal taxes and surtaxes) is amended by
adding at the end the following new part:
``PART VIII--TEMPORARY IRAQ WAR SURTAX
``Sec. 59B. Temporary Iraq war surtax.
``SEC. 59B. TEMPORARY IRAQ WAR SURTAX.
``(a) In General.--In the case of any taxable year beginning in
2008--
``(1) Joint returns.--In the case of a joint return with
net income tax liability, the tax imposed under this chapter
shall be increased by the amount of the surtax determined in
accordance with the following table:
``If net income tax liability is: The surtax is:
Not over $10,600...............
2.5% of net income tax
liability
Over $10,600 but not over
$22,600.
$265, plus 5% of the excess
over $10,600
Over $22,600 but not over
$36,400.
$865, plus 11% of the excess
over $22,600
Over $36,400...................
$2,383, plus 16% of the excess
over $36,400
``(2) Other individuals, trusts, and estates.--In the case
of any individual, trust, or estate with net income tax
liability (other than a joint return), the tax imposed under
this chapter shall be increased by the amount of the surtax
determined in accordance with the following table:
``If net income tax liability is: The surtax is:
Not over $5,300................
2.5% of net income tax
liability
Over $5,300 but not over
$11,300.
$132.50, plus 5% of the excess
over $5,300
Over $11,300 but not over
$18,200.
$432.50, plus 11% of the excess
over $11,300
Over $18,200...................
$1,191.50, plus 16% of the
excess over $18,200
``(3) Corporations.--In the case of any corporation with
net income tax liability, the tax imposed under this chapter
shall be increased by an amount equal to such net income tax
liability multiplied by 16 percent.
``(b) Certain Exceptions for Individuals.--
``(1) Certain exceptions related to military service.--
``(A) In general.--Subsection (a) shall not apply
to--
``(i) any member of the Armed Forces of the
United States who received compensation which
was excludible from gross income under section
112 (relating to certain combat zone
compensation of members of the Armed Forces)
during the taxable year involved or any taxable
year ending on or after September 11, 2001, or
``(ii) any individual who received a death
gratuity payable under chapter 75 of title 10,
United States Code, with respect to any
decedent who--
``(I) is described in clause (i),
and
``(II) died on or after September
11, 2001, and before the close of the
taxable year involved.
``(B) Joint returns.--In the case of a joint
return, the taxpayer shall be treated as described in
clause (i) or (ii) of subparagraph (A) if either spouse
is so described.
``(2) Exception based on adjusted gross income.--Subsection
(a) shall not apply to any individual if the adjusted gross
income of the taxpayer is not in excess of $30,000.
``(c) Net Income Tax Liability Defined.--For purposes of this
section, the term `net income tax liability' means the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) and the tax imposed by section 55, over
``(2) the credits allowed under part IV (other than
sections 31, 33, and 34).
``(d) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this part shall not be treated as tax
imposed by this chapter for purposes of determining the amount of any
credit under this chapter or for purposes of section 55.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VIII. Temporary Iraq War Surtax.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
(d) Section 15 Not To Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986. | Share the Sacrifice Act of 2007 - Amends the Internal Revenue Code to impose an Iraq War surtax on the net income tax liabilities of individuals, estates and trusts, and corporations. Exempts from such surtax: (1) members of the Armed Forces who have received combat pay after September 11, 2001; (2) survivors of military personnel who received a death gratuity; and (3) taxpayers with adjusted gross income not in excess of $30,000. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish a temporary surtax to offset the current costs of the Iraq war."} | 1,106 | 98 | 0.518596 | 1.405127 | 0.174811 | 2.873563 | 11.45977 | 0.850575 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Cloning Prohibition Act of
2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) some individuals have announced that they will attempt
to clone human beings using the technique known as somatic cell
nuclear transfer already used with limited success in sheep and
other animals;
(2) nearly all scientists agree that such attempts pose a
massive risk of producing children who are stillborn,
unhealthy, or severely disabled, and considered opinion is
virtually unanimous that such attempts are therefore grossly
irresponsible and unethical;
(3) efforts to create human beings by cloning mark a new
and decisive step toward turning human reproduction into a
manufacturing process in which children are made in
laboratories to preordained specifications and, potentially, in
multiple copies;
(4) because it is an asexual form of reproduction, cloning
confounds the meaning of ``father'' and ``mother'' and confuses
the identity and kinship relations of any cloned child, and
thus threatens to weaken existing notions regarding who bears
which parental duties and responsibilities for children;
(5) because cloning requires no personal involvement by the
person whose genetic material is used, cloning could easily be
used to reproduce living or deceased persons without their
consent;
(6) creating cloned live-born human children (sometimes
called ``reproductive cloning'') necessarily begins by creating
cloned human embryos, a process which some also propose as a
way to create embryos for research or as sources of cells and
tissues for possible treatment of other humans;
(7) the prospect of creating new human life solely to be
exploited and destroyed in this way has been condemned on moral
grounds by many, including supporters of a right to abortion,
as displaying a profound disrespect for life, and recent
scientific advances with adult stem cells indicate that there
are fruitful and morally unproblematic alternatives to this
approach;
(8) in order to be effective, a ban on human cloning must
stop the cloning process at the beginning because--
(A) cloning would take place within the privacy of
a doctor-patient relationship;
(B) the transfer of embryos to begin a pregnancy is
a simple procedure; and
(C) any government effort to prevent the transfer
of an existing embryo, or to prevent birth once the
transfer has occurred, would raise substantial moral,
legal, and practical issues, so that it will be nearly
impossible to prevent attempts at ``reproductive
cloning'' once cloned human embryos are available in
the laboratory;
(9) the scientifically and medically useful practices of
cloning of DNA fragments, known as molecular cloning, the
duplication of somatic cells (or stem cells) in tissue culture,
known as cell cloning, and whole-organism or embryo cloning of
nonhuman animals are appropriate uses of medical technology;
(10) in the preamble to the 1998 Additional Protocol on the
Prohibition of Cloning Human Beings the Council of Europe
agreed that ``the instrumentalisation of human beings through
the deliberate creation of genetically identical human beings
is contrary to human dignity and thus constitutes a misuse of
biology and medicine''; and
(11) collaborative efforts to perform human cloning are
conducted in ways that affect interstate and even international
commerce, and the legal status of cloning will have a great
impact on how biotechnology companies direct their resources
for research and development.
SEC. 3. PROHIBITION ON HUMAN CLONING.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 15, the following:
``CHAPTER 16--HUMAN CLONING
``Sec.
``301. Definitions.
``302. Prohibition on human cloning.
``Sec. 301. Definitions
``In this chapter:
``(1) Human cloning.--The term `human cloning' means human
asexual reproduction, accomplished by introducing the nuclear
material of a human somatic cell into a fertilized or
unfertilized oocyte whose nucleus has been removed or
inactivated to produce a living organism (at any stage of
development) with a human or predominantly human genetic
constitution.
``(2) Somatic cell.--The term `somatic cell' means a
diploid cell (having a complete set of chromosomes) obtained or
derived from a living or deceased human body at any stage of
development.
``Sec. 302. Prohibition on human cloning
``(a) In General.--It shall be unlawful for any person or entity,
public or private, in or affecting interstate commerce--
``(1) to perform or attempt to perform human cloning;
``(2) to participate in an attempt to perform human
cloning; or
``(3) to ship or receive the product of human cloning for
any purpose.
``(b) Importation.--It shall be unlawful for any person or entity,
public or private, to import the product of human cloning for any
purpose.
``(c) Penalties.--
``(1) In general.--Any person or entity that is convicted
of violating any provision of this section shall be fined under
this section or imprisoned not more than 10 years, or both.
``(2) Civil penalty.--Any person or entity that is
convicted of violating any provision of this section shall be
subject to, in the case of a violation that involves the
derivation of a pecuniary gain, a civil penalty of not less
than $1,000,000 and not more than an amount equal to the amount
of the gross gain multiplied by 2, if that amount is greater
than $1,000,000.
``(d) Scientific Research.--Nothing in this section shall restrict
areas of scientific research not specifically prohibited by this
section, including research in the use of nuclear transfer or other
cloning techniques to produce molecules, DNA, cells other than human
embryos, tissues, organs, plants, or animals other than humans.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 15 the following:
``16. Human Cloning......................................... 301''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Federal Government should advocate for and join an
international effort to prohibit human cloning, as defined in
section 301 of title 18, United States Code, as added by this
Act; and
(2) the President should commission a study, to be
conducted by the National Bioethics Advisory Commission or a
successor group, of the arguments for and against the use of
cloning to produce human embryos solely for research, which
study should--
(A) include a discussion of the need (if any) for
human cloning to produce medical advances, the ethical
and legal aspects of human cloning, and the possible
impact of any decision to permit human cloning for
research upon efforts to prevent human cloning for
reproductive purposes;
(B) include a review of new developments in cloning
technology which may require that technical changes be
made to section 3 of this Act, to maintain the
effectiveness of this Act in prohibiting the asexual
production of a new human organism that is genetically
virtually identical to an existing or previously
existing human being; and
(C) be submitted to Congress and the President for
review not later than 5 years after the date of
enactment of this legislation. | Human Cloning Prohibition Act of 2001 - Prohibits any person or entity, in or affecting interstate commerce, from: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; (3) shipping or receiving the product of human cloning; or (4) importing such a product.Expresses the sense of Congress that: (1) the Federal Government should advocate for and join an international effort to prohibit human cloning; and (2) the President should commission a study by the National Bioethics Advisory Commission or a successor group of the arguments for and against the use of cloning to produce human embryos solely for research. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to prohibit human cloning."} | 1,734 | 153 | 0.567858 | 1.63552 | 0.755275 | 5.349206 | 12.126984 | 0.936508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chile-NAFTA Accession Act''.
SEC. 2. ACCESSION OF CHILE TO THE NORTH AMERICAN FREE TRADE AGREEMENT.
(a) In General.--Subject to section 3, the President is authorized
to enter into an agreement described in subsection (b) and the
provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C.
2191(c)) shall apply with respect to a bill to implement such agreement
if such agreement is entered into on or before December 31, 2002.
(b) Agreement Described.--An agreement described in this subsection
means an agreement that--
(1) provides for the accession of Chile to the North
American Free Trade Agreement; or
(2) is a bilateral agreement between the United States and
Chile that provides for the reduction and ultimate elimination
of tariffs and other nontariff barriers to trade and the
eventual establishment of a free trade area between the United
States and Chile.
SEC. 3. INTRODUCTION AND FAST-TRACK CONSIDERATION OF IMPLEMENTING BILL.
(a) Introduction in House and Senate.--When the President submits
to Congress a bill to implement a trade agreement described in section
2, the bill shall be introduced (by request) in the House and the
Senate as described in section 151(c) of the Trade Act of 1974 (19
U.S.C. 2191(c)).
(b) Restrictions on Content.--A bill to implement a trade agreement
described in section 2--
(1) shall contain only provisions that are necessary to
implement the trade agreement; and
(2) may not contain any provision that establishes (or
requires or authorizes the establishment of) a labor or
environmental protection standard or amends (or requires or
authorizes an amendment of) any labor or environmental
protection standard set forth in law or regulation.
(c) Point of Order in Senate.--
(1) Applicability to all legislative forms of implementing
bill.--For the purposes of this subsection, the term
``implementing bill'' means the following:
(A) The bill.--A bill described in subsection (a),
without regard to whether that bill originated in the
Senate or the House of Representatives.
(B) Amendment.--An amendment to a bill referred to
in subparagraph (A).
(C) Conference report.--A conference report on a
bill referred to in subparagraph (A).
(D) Amendment between houses.--An amendment between
the houses of Congress in relation to a bill referred
to in subparagraph (A).
(E) Motion.--A motion in relation to an item
referred to in subparagraph (A), (B), (C), or (D).
(2) Making of point of order.--
(A) Against single item.--When the Senate is
considering an implementing bill, a Senator may make a
point of order against any part of the implementing
bill that contains material in violation of a
restriction under subsection (b).
(B) Against several items.--Notwithstanding any
other provision of law or rule of the Senate, when the
Senate is considering an implementing bill, it shall be in order for a
Senator to raise a single point of order that several provisions of the
implementing bill violate subsection (b). The Presiding Officer may
sustain the point of order as to some or all of the provisions against
which the Senator raised the point of order.
(3) Effect of sustainment of point of order.--
(A) Against single item.--If a point of order made
against a part of an implementing bill under paragraph
(2)(A) is sustained by the Presiding Officer, the part
of the implementing bill against which the point of
order is sustained shall be deemed stricken.
(B) Against several items.--In the case of a point
of order made under paragraph (2)(B) against several
provisions of an implementing bill, only those
provisions against which the Presiding Officer sustains
the point of order shall be deemed stricken.
(C) Stricken matter not in order as amendment.--
Matter stricken from an implementing bill under this
paragraph may not be offered as an amendment to the
implementing bill (in any of its forms described in
paragraph (1)) from the floor.
(4) Waivers and appeals.--
(A) Waivers.--Before the Presiding Officer rules on
a point of order under this subsection, any Senator may
move to waive the point of order as it applies to some
or all of the provisions against which the point of
order is raised. Such a motion to waive is amendable in
accordance with the rules and precedents of the Senate.
(B) Appeals.--After the Presiding Officer rules on
a point of order under this subsection, any Senator may
appeal the ruling of the Presiding Officer on the point
of order as it applies to some or all of the provisions
on which the Presiding Officer ruled.
(C) Three-fifths majority required.--
(i) Waivers.--A point of order under this
subsection is waived only by the affirmative
vote of at least the requisite majority.
(ii) Appeals.--A ruling of the Presiding
Officer on a point of order under this
subsection is sustained unless at least the
requisite majority votes not to sustain the
ruling.
(iii) Requisite majority.--For purposes of
clauses (i) and (ii), the requisite majority is
three-fifths of the Members of the Senate, duly
chosen and sworn.
(d) Applicability of Fast Track Procedures.--Section 151 of the
Trade Act of 1974 (19 U.S.C. 2191) is amended--
(1) in subsection (b)(1)--
(A) by inserting ``section 3 of the Chile-NAFTA
Accession Act,'' after ``the Omnibus Trade and
Competitiveness Act of 1988,''; and
(B) by amending subparagraph (C) to read as
follows:
``(C) if changes in existing laws or new statutory
authority is required to implement such trade agreement
or agreements or such extension, provisions, necessary
to implement such trade agreement or agreements or such
extension, either repealing or amending existing laws
or providing new statutory authority.'', and
(2) in subsection (c)(1), by inserting ``or under section 3
of the Chile-NAFTA Accession Act,'' after ``the Uruguay Round
Agreements Act,''. | Chile-NAFTA Accession Act - Authorizes the President to enter into: (1) an agreement for the accession of Chile to the North American Free Trade Agreement (NAFTA); or (2) a bilateral agreement between the United States and Chile that reduces and ultimately eliminates tariffs and other nontariff barriers to trade and provides for the eventual establishment of a free trade area. Applies congressional fast track procedures (no amendments) to implementing bills for trade agreements entered under this Act. | {"src": "billsum_train", "title": "A bill to authorize negotiation for the accession of Chile to the North American Free Trade Agreement, and for other purposes."} | 1,462 | 107 | 0.651074 | 1.64842 | 1.140751 | 3.989011 | 14.087912 | 0.912088 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair VA Accountability Act''.
SEC. 2. SUSPENSION AND REMOVAL OF DEPARTMENT OF VETERANS AFFAIRS
EMPLOYEES FOR PERFORMANCE OR MISCONDUCT THAT IS A THREAT
TO PUBLIC HEALTH OR SAFETY.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding after section 713 the following new section:
``Sec. 715. Employees: suspension and removal for performance or
misconduct that is a threat to public health or safety
``(a) Suspension and Removal.--Subject to subsections (b) and (c),
the Secretary may--
``(1) suspend without pay an employee of the Department of
Veterans Affairs if the Secretary determines the performance or
misconduct of the employee is a clear and direct threat to
public health or safety; and
``(2) remove an employee suspended under paragraph (1)
when, after such investigation and review as the Secretary
considers necessary, the Secretary determines that removal is
necessary in the interests of public health or safety.
``(b) Procedure.--An employee suspended under subsection (a)(1) is
entitled, after suspension and before removal, to--
``(1) within 30 days after suspension, a written statement
of the specific charges against the employee, which may be
amended within 30 days thereafter;
``(2) an opportunity within 30 days thereafter, plus an
additional 30 days if the charges are amended, to answer the
charges and submit affidavits;
``(3) a hearing, at the request of the employee, by a
Department authority duly constituted for this purpose;
``(4) a review of the case by the Secretary, before a
decision adverse to the employee is made final; and
``(5) written statement of the decision of the Secretary.
``(c) Relation to Other Disciplinary Rules.--The authority provided
under this section shall be in addition to the authority provided under
section 713 and title 5 with respect to disciplinary actions for
performance or misconduct.
``(d) Back Pay for Whistleblowers.--If any employee of the
Department of Veterans Affairs is subject to a suspension or removal
under this section and such suspension or removal is determined by an
appropriate authority under applicable law, rule, regulation, or
collective bargaining agreement to be a prohibited personnel practice
described under section 2302(b)(8) or (9) of title 5, such employee
shall receive back pay equal to the total amount of basic pay that such
employee would have received during the period that the suspension and
removal (as the case may be) was in effect, less any amounts earned by
the employee through other employment during that period.
``(e) Definitions.--In this section, the term `employee' means any
individual occupying a position within the Department of Veterans
Affairs under a permanent or indefinite appointment and who is not
serving a probationary or trial period.''.
(b) Clerical and Conforming Amendments.--
(1) Clerical.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to
section 713 the following new item:
``715. Employees: suspension and removal for performance or misconduct
that is a threat to public health or
safety.''.
(2) Conforming.--Section 4303(f) of title 5, United States
Code, is amended--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting ``, or''; and
(C) by adding at the end the following:
``(4) any suspension or removal under section 715 of title
38.''.
(c) Report on Suspensions and Removals.--Not later than one year
after the date of the enactment of this Act, the Inspector General of
the Department of Veterans Affairs shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate a
report on suspensions and removals of employees of the Department made
under section 715 of title 38, United States Code, as added by
subsection (a). Such report shall include, with respect to the period
covered by the report, the following:
(1) The number of employees who were suspended under such
section.
(2) The number of employees who were removed under such
section.
(3) A description of the threats to public health or safety
that caused such suspensions and removals.
(4) The number of such suspensions or removals, or proposed
suspensions or removals, that were of employees who filed a
complaint regarding--
(A) an alleged prohibited personnel practice
committed by an officer or employee of the Department
and described in section 2302(b)(8) or
2302(b)(9)(A)(i), (B), (C), or (D) of title 5, United
States Code; or
(B) the safety of a patient at a medical facility
of the Department.
(5) Of the number of suspensions and removals listed under
paragraph (4), the number that the Inspector General considers
to be retaliation for whistleblowing.
(6) The number of such suspensions or removals that were of
an employee who was the subject of a complaint made to the
Department regarding the health or safety of a patient at a
medical facility of the Department.
(7) Any recommendations by the Inspector General, based on
the information described in paragraphs (1) through (6), to
improve the authority to make such suspensions and removals.
SEC. 3. PROHIBITION ON CERTAIN FORMER EMPLOYEE'S ACCEPTANCE OF
COMPENSATION FROM CONTRACTOR.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by adding after section 715, as added by section 2, the
following new section:
``Sec. 717. Prohibition on certain former employee's acceptance of
compensation from contractors of the Department
``(a) In General.--An individual who was formerly employed in a
senior executive position at the Department may not accept compensation
from a covered contractor as an employee, officer, director, or
consultant of the covered contractor during the one-year period
beginning on the date on which the individual was last employed in a
senior executive position at the Department.
``(b) Definitions.--In this section:
``(1) The term `covered contractor' means a contractor
carrying out a contract entered into with the Department,
including pursuant to a subcontract.
``(2) The term `senior executive position' has the meaning
given such term in section 713(g) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by adding at the end the following new
item:
``717. Prohibition on certain former employee's acceptance of
compensation from contractors of the
Department.''.
SEC. 4. LIMITATION ON CONTRACTING WITH ENTITIES EMPLOYING CERTAIN
RECENTLY SEPARATED DEPARTMENT EMPLOYEES.
(a) In General.--Subchapter II of chapter 81 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 8129. Limitation on contracting with entities employing certain
recently separated Department employees
``(a) In General.--The Secretary may not enter into a contract with
any entity if the entity employs an individual who is prohibited from
accepting compensation from a contractor under section 717 of this
title.
``(b) Certification.--Before entering into a contract with any
entity, the Secretary shall require the entity to submit to the
Secretary certification that the entity does not employ, and will not
employ during the period covered by the contract, any individual who is
prohibited from accepting compensation from a contractor under section
717 of this title.
``(c) Definitions.--In this section, the term `senior executive
position' has the meaning given such term in section 713(g)(3) of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
8128 the following new item:
``8129. Limitation of contracting with entities employing certain
recently separated Department employees.''.
SEC. 5. LIMITATION ON ADMINISTRATIVE LEAVE FOR EMPLOYEES WITHIN THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by adding after section 717, as added by section 3, the
following new section:
``Sec. 719. Administrative leave limitation and report
``(a) Limitation Applicable to Employees Within the Department of
Veterans Affairs.--(1) The Secretary may not place any covered
individual on administrative leave, or any other type of paid non-duty
status without charge to leave, for more than a total of 14 days during
any 365-day period.
``(2) The Secretary may waive the limitation under paragraph (1)
and extend the administrative leave or other paid non-duty status
without charge to leave of a covered individual placed on such leave or
status under paragraph (1) if the Secretary submits to the Committees
on Veterans' Affairs of the Senate and House of Representatives a
detailed explanation of the reasons the individual was placed on
administrative leave or other paid non-duty status without charge to
leave and the reasons for the extension of such leave or status. Such
explanation shall include the name of the covered individual, the
location where the individual is employed, and the individual's job
title.
``(3) In this subsection, the term `covered individual' means an
employee of the Department--
``(A) who is subject to an investigation for purposes of
determining whether such individual should be subject to any
disciplinary action under this title or title 5; or
``(B) against whom any disciplinary action is proposed or
initiated under this title or title 5.
``(b) Report on Administrative Leave.--(1) Not later than 30 days
after the end of each quarter of any calendar year, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report listing the name of any
employee of the Department (if any) who has been placed on
administrative leave, or any other type of paid non-duty status, for a
period longer than 7 days during such quarter.
``(2) Any report submitted under subsection (a) shall include, with
respect to any employee listed in such report, the position occupied by
the employee, the number of days of such leave, and the reason that
such employee was placed on such leave.''.
(b) Application.--
(1) Administrative leave limitation.--Section 719(a) of
title 38, United States Code (as added by subsection (a)),
shall apply to any action of removal or transfer under section
713 of such title or title 5, United States Code, commencing on
or after the date of enactment of this section.
(2) Report.--The report under section 719(b) of such title
(as added by subsection (a)) shall begin to apply in the
quarter that ends after the date that is 6 months after the
date of enactment of this section.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter 7 is amended by adding at the end the following new item:
``719. Administrative leave limitation and report.''. | Fair VA Accountability Act This bill authorizes the Department of Veterans Affairs (VA) to: (1) suspend a VA employee without pay if the employee's performance or misconduct is a clear and direct threat to public health or safety; and (2) remove a suspended employee when, after investigation and review, removal is determined necessary in the interests of public health or safety. A suspended employee is entitled, after suspension and before removal, to: a written statement of the specific charges against him or her within 30 days after suspension; an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits; a hearing, at the employee's request, by a VA authority duly constituted for this purpose; a case review by the VA before a decision adverse to the employee is made final; and a written statement of the VA's decision. A VA employee who is subject to a suspension or removal that is determined under applicable law, rule, regulation, or collective bargaining agreement to be a prohibited personnel practice shall receive back pay equal to the total amount of basic pay that such employee would have received during the period that the suspension and removal was in effect, less any amounts earned by the employee through other employment during that period. An individual who was formerly employed in a senior executive position at the VA may not accept compensation from a covered contractor as an employee, officer, director, or consultant of the contractor during the one-year period beginning on the date on which the individual was last employed at the VA in a senior executive position. The VA: (1) may not enter into a contract with any entity that employs such an individual, and (2) shall require an entity to certify that it does not employ and will not employ any such individual during the period covered by the contract. The VA may: not place any covered individual on administrative leave or any other type of paid non-duty status without charge to leave for more than 14 days during any 365-day period; and waive such limitation and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual if the VA submits to the appropriate committees a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status without charge to leave, and the reasons for the extension of such leave or status. A "covered individual" means a VA employee: (1) who is subject to an investigation to determine whether the individual should be subject to any disciplinary action, or (2) against whom any disciplinary action is proposed or initiated. | {"src": "billsum_train", "title": "Fair VA Accountability Act"} | 2,583 | 554 | 0.671673 | 2.166056 | 0.573388 | 5.998113 | 4.458491 | 0.975472 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Credit Repair Act of
2008''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States housing bubble effectively burst
towards the end of 2005, when default rates on subprime and
adjustable rate mortgages increased dramatically.
(2) Mortgages with negative amelioration or any other
lending mechanism for which the loan payment on principal for
any period is less than the interest charged over that period
for some substantial period of time have high default and
foreclosure rates.
(3) Mortgages in which there are incidences of fraud or
lender misconduct have high foreclosure rates, including those
in which--
(A) a mortgage was obtained despite the lender
fraudulently encouraging or requiring the borrower to
falsify or omit information which was then used to call
back the loan and leading to foreclosure;
(B) a mortgage was obtained despite the failure by
the lender to give the borrower proper documentation,
including Good Faith Requirements and Truth-in-Lending
Disclosures;
(C) a mortgage was obtained despite occasions where
the borrower was given incomplete forms to sign, with
the required information added by the lender after the
borrower's signature was obtained; and
(D) a mortgage was obtained despite having terms
which was substantially or wholly different at closing
than what was previously agreed to.
(4) Standard, qualifying front-end debt ratios, that is the
monthly cost of a mortgage principal, interest, taxes, and
insurance (PITI) against the gross monthly income of the
borrower have historically been approximately 28%, increasing
for those with stellar credit histories.
(5) However, many foreclosures and mortgage-related
bankruptcies involve borrowers who were given mortgages with
flat or adjustable rates that caused front-end ratios well over
36% in many cases.
(6) The effects of foreclosure or a resulting bankruptcy
can have a negative impact on an individual's credit history
for up to 7 years (10 years for bankruptcy) for purchases under
$150,000 with related effects, and effects for purchases over
$150,000 lasting much longer.
(7) Borrowers who unknowingly obtained bad, improper or
fraudulent mortgages which subsequently led to foreclosure,
should be given the opportunity to rebuild their credit in a
responsible way without the substantial and lingering effects
of foreclosure outweighing present and past responsible
borrowing practices.
SEC. 3. AMENDMENT TO DEFINITIONS.
Section 603 of the Fair Credit Reporting Act (U.S.C. 1681a) is
amended by adding at the end the following new subsection:
``y Front End Ratio.--The term `front end ratio' means a ratio that
indicates what portion of an individual's income is used to make
mortgage payments, calculated by dividing an individual's gross monthly
income by their housing expenses, particularly the mortgage principal,
interest, taxes, and insurance (PITI).''.
SEC. 4. SPECIAL CIRCUMSTANCE RELIEF.
Section 605(a) of the Fair Credit Reporting Act (U.S.C. 1681c(a))
is amended--
(1) by redesignating paragraphs (2), (3), (4), (5), and (6)
as paragraphs (3), (4), (5), (7), and (8), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Cases under title 11 or under the Bankruptcy Act
that, from the date of entry of the order for relief or the
date of the adjudication, as the case may be, antedate the
report by more than 3 years when each of the following are met:
``(A) During a period not less than 6 months prior
to and continuing through the time that the bankruptcy
is filed, a consumer's front-end debt ratio on a
mortgage instrument originated or refinanced on or
after January 1, 2003, was 37% or higher.
``(B) The consumer filed for bankruptcy no earlier
than January 1, 2004.
``(C) The consumer has not disputed the accuracy of
their report under paragraph (6) during the period
beginning January 1, 2004.
``(D) The consumer notifies the consumer reporting
agency directly and is able to submit documentation to
verify the above before March 31, 2009.''; and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) Any adverse information excluding bankruptcy, but
including closed accounts, accounts in collections, accounts
charged to profit or loss, repossessions, and foreclosures,
shall be excluded if all of the following circumstances have
occurred:
``(A) The adverse information in the consumer's
report was for new accounts and transactions added
after the first payment due date on the consumer's
mortgage note, where the front end ratio then became
37% or higher, but not earlier than January 1, 2004.
``(B) The adverse information in the consumer's
report was not added more than 6 months after a
foreclosure on that consumer's primary residence or
March 31, 2009, whichever is earlier.
``(C) The consumer notifies the consumer reporting
agency directly of their intent to seek relief under
this paragraph and is able to provide proper
documentation and verification before March 31,
2009.''.
SEC. 5. CONFORMING AMENDMENT.
Subsection (b) of section 605 of the Fair Credit Reporting Act
(U.S.C. 1681c(b)) is amended (in the matter preceding paragraph (1)) by
striking ``paragraphs (1) through (5)'' and inserting ``paragraphs (1),
(3), (4), (5), and (7)''. | Mortgage Credit Repair Act of 2008 - Amends the Fair Credit Reporting Act to define "front end ratio" as a ratio that indicates what portion of an individual's income is used to make mortgage payments, calculated by dividing an individual's gross monthly income by their housing expenses, particularly the mortgage principal, interest, taxes, and insurance (PITI).
Prohibits a consumer reporting agency from making a consumer report containing cases under title 11 or under the Bankruptcy Act that antedate the report by more than three years when certain criteria are met. Includes among such criteria that a consumer's front-end debt ratio on a mortgage instrument originated or refinanced on or after January 1, 2003, was 37% or higher for at least six months before and continuing through the time that the bankruptcy is filed.
Prohibits a consumer reporting agency from making a consumer report containing any adverse information excluding bankruptcy, but including closed accounts, amounts in collections, accounts charged to profit or loss, repossessions, and foreclosures, if certain circumstances have occurred. | {"src": "billsum_train", "title": "To amend the Fair Credit Reporting Act with respect to requirements relating to information contained in consumer reports, and for other purposes."} | 1,219 | 232 | 0.529969 | 1.617867 | 0.744025 | 6.281407 | 6.020101 | 0.894472 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Legal Assistance Attorney Loan
Repayment Act''.
SEC. 2. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS.
Part B of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.) is amended by inserting after section 428K the following:
``SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as civil legal
assistance attorneys.
``(b) Definitions.--In this section:
``(1) Civil legal assistance attorney.--The term `civil
legal assistance attorney' means an attorney who--
``(A) is a full-time employee of a nonprofit
organization that provides legal assistance with
respect to civil matters to low-income individuals
without a fee;
``(B) as such employee, provides civil legal
assistance as described in subparagraph (A) on a full-
time basis; and
``(C) is continually licensed to practice law.
``(2) Student loan.--The term `student loan' means--
``(A) subject to subparagraph (B), a loan made,
insured, or guaranteed under part B, D, or E of this
title; and
``(B) a loan made under section 428C or 455(g), to
the extent that such loan was used to repay--
``(i) a Federal Direct Stafford Loan, a
Federal Direct Unsubsidized Stafford Loan, or a
Federal Direct PLUS Loan;
``(ii) a loan made under section 428, 428B,
or 428H; or
``(iii) a loan made under part E.
``(c) Program Authorized.--The Secretary shall carry out a program
of assuming the obligation to repay a student loan, by direct payments
on behalf of a borrower to the holder of such loan, in accordance with
subsection (d), for any borrower who--
``(1) is employed as a civil legal assistance attorney; and
``(2) is not in default on a loan for which the borrower
seeks repayment.
``(d) Terms of Agreement.--
``(1) In general.--To be eligible to receive repayment
benefits under subsection (c), a borrower shall enter into a
written agreement with the Secretary that specifies that--
``(A) the borrower will remain employed as a civil
legal assistance attorney for a required period of
service of not less than 3 years, unless involuntarily
separated from that employment;
``(B) if the borrower is involuntarily separated
from employment on account of misconduct, or
voluntarily separates from employment, before the end
of the period specified in the agreement, the borrower
will repay the Secretary the amount of any benefits
received by such employee under this agreement;
``(C) if the borrower is required to repay an
amount to the Secretary under subparagraph (B) and
fails to repay such amount, a sum equal to that amount
shall be recoverable by the Federal Government from the
employee by such methods as are provided by law for the
recovery of amounts owed to the Federal Government;
``(D) the Secretary may waive, in whole or in part,
a right of recovery under this subsection if it is
shown that recovery would be against equity and good
conscience or against the public interest; and
``(E) the Secretary shall make student loan
payments under this section for the period of the
agreement, subject to the availability of
appropriations.
``(2) Repayments.--
``(A) In general.--Any amount repaid by, or
recovered from, an individual under this subsection
shall be credited to the appropriation account from
which the amount involved was originally paid.
``(B) Merger.--Any amount credited under
subparagraph (A) shall be merged with other sums in
such account and shall be available for the same
purposes and period, and subject to the same
limitations, if any, as the sums with which the amount
was merged.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan
repayments made by the Secretary under this section
shall be made subject to such terms, limitations, or
conditions as may be mutually agreed upon by the
borrower and the Secretary in an agreement under
paragraph (1), except that the amount paid by the
Secretary under this section shall not exceed--
``(i) $6,000 for any borrower in any
calendar year; or
``(ii) an aggregate total of $40,000 in the
case of any borrower.
``(B) Beginning of payments.--Nothing in this
section shall authorize the Secretary to pay any amount
to reimburse a borrower for any repayments made by such
borrower prior to the date on which the Secretary
entered into an agreement with the borrower under this
subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Secretary may, subject to paragraph (2), enter into an
additional agreement in accordance with subsection (d).
``(2) Term.--An agreement entered into under paragraph (1)
may require the borrower to remain employed as a civil legal
assistance attorney for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--Subject to paragraph (2), the Secretary
shall provide repayment benefits under this section on a first-
come, first-served basis, and subject to the availability of
appropriations.
``(2) Priority.--The Secretary shall give priority in
providing repayment benefits under this section in any fiscal
year to a borrower who--
``(A) has practiced law for 5 years or less and,
for at least 90 percent of the time in such practice,
has served as a civil legal assistance attorney;
``(B) received repayment benefits under this
section during the preceding fiscal year; and
``(C) has completed less than 3 years of the first
required period of service specified for the borrower
in an agreement entered into under subsection (d).
``(g) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year 2008
and such sums as may be necessary for each succeeding fiscal year.''. | Civil Legal Assistance Attorney Loan Repayment Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make payments to holders of student loans under the Federal Family Education Loan, Direct Loan, and Perkins Loan programs on behalf of civil legal assistance attorneys for the duration of agreements between the Secretary and such attorneys that require their continued employment in such capacity for at least three years.
Authorizes the Secretary to enter into additional agreements with civil legal assistance attorneys who have completed their service obligation. | {"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 in order to provide funding for student loan repayment for civil legal assistance attorneys."} | 1,501 | 103 | 0.610459 | 1.466591 | 1.171948 | 2 | 14.3125 | 0.8125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Fairness for Fishermen
Act''.
SEC. 2. PAYMENT OF COSTS, FEES, AND EXPENSES INCURRED BY CERTAIN
PREVAILING PARTIES.
(a) Use of Sums Received as Fines, Penalties, and Forfeitures.--
Section 311(e) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861(e)) is amended--
(1) by redesignating paragraph (2) as paragraph (3) and
moving such paragraph 2 ems to the left, so that the left
margin of such paragraph is aligned with the left margin of
such section; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2)(A) Payment shall be made from the sums described in paragraph
(1) in the case of any amount awarded--
``(i) under section 504 of title 5, United States Code, to
a prevailing party other than the United States in an
adjudication by the Secretary under section 308 of this Act,
notwithstanding any provision to the contrary in such section
504;
``(ii) under section 2412 of title 28, United States Code,
to a prevailing party other than the United States--
``(I) in a civil action for review of action by the
Secretary in an adjudication under section 308 of this
Act, notwithstanding any provision to the contrary in
such section 2412; or
``(II) in a civil forfeiture action under section
310 of this Act, notwithstanding any provision to the
contrary in such section 2412; and
``(iii) under subsection (d) of section 309 of this Act to
a defendant who is a substantially prevailing party in a
criminal action under such section.
``(B) If the sums described in paragraph (1) available to the
Secretary or the Secretary of the Treasury on the date of the award of
an amount described in subparagraph (A) are not sufficient to pay the
full amount awarded, payment shall be made under such subparagraph to
the extent of the availability of such sums, and the remainder of the
amount shall be paid--
``(i) in the case of an award described in clause (i),
(ii)(I), or (ii)(II) of such subparagraph, as provided under
section 504 of title 5 or section 2412 of title 28, United
States Code, as the case may be, without regard to this
paragraph; or
``(ii) in the case of an award described in clause (iii) of
such subparagraph, out of any general appropriation for payment
of judgments against the United States.''.
(b) Attorney Fees of Substantially Prevailing Criminal
Defendants.--Section 309 of such Act (16 U.S.C. 1859) is amended by
adding at the end the following new subsection:
``(d) Attorney Fees of Substantially Prevailing Defendants.--A
defendant who is a substantially prevailing party in a criminal action
under this section may be awarded reasonable attorney fees.''.
SEC. 3. CERTAIN USES OF SUMS RECEIVED AS FINES, PENALTIES, AND
FORFEITURES NO LONGER AUTHORIZED.
(a) In General.--Section 311(e)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861(e)(1)) is amended--
(1) by striking subparagraph (B);
(2) by striking subparagraph (C); and
(3) by striking subparagraph (F).
(b) Conforming Amendments.--Such section is further amended--
(1) in subparagraph (D)--
(A) by adding ``and'' at the end; and
(B) by redesignating such subparagraph as
subparagraph (B); and
(2) in subparagraph (E)--
(A) by striking ``; and'' and inserting a period;
(B) by redesignating such subparagraph as
subparagraph (C); and
(C) by moving such subparagraph 2 ems to the left,
so that the left margin of such subparagraph is aligned
with the left margin of subparagraph (B), as
redesignated by paragraph (1)(B).
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, the amendments made
by this Act take effect on the date of the enactment of this Act.
(b) Attorney Fees of Substantially Prevailing Criminal
Defendants.--
(1) In general.--The amendment made by section 2(b) applies
with respect to criminal actions brought on or after the date
of the enactment of this Act.
(2) Payment in case of pre-enactment criminal actions
brought after establishment of asset forfeiture fund.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Commerce shall establish a process for making payments
from the amount set aside under subparagraph (B) of
reasonable attorney fees to defendants who are
substantially prevailing parties in criminal actions
brought under section 309 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1859) during the period beginning on November 28, 1990,
and ending on the day before the date of the enactment
of this Act. Such process shall--
(i) require application by a defendant
seeking such a payment; and
(ii) provide for the proration of such
payments if the amount so set aside is
insufficient to provide for payment of all such
fees for all such defendants.
(B) Funds set aside.--Not later than 180 days after
the date of the enactment of this Act, from the sums
described in section 311(e)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1861(e)(1)) that the Secretary of Commerce determines
are available, the Secretary shall set aside an amount
the Secretary considers fair and appropriate to be used
for payments under this paragraph.
(c) Certain Uses of Sums Received as Fines, Penalties, and
Forfeitures No Longer Authorized.--
(1) Rewards for provision of information.--The amendment
made by section 3(a)(1) does not apply to payment of rewards
for information that was provided before the date of the
enactment of this Act.
(2) Investigation and enforcement expenses.--The amendment
made by section 3(a)(2) does not apply to payment of expenses
incurred before the date of the enactment of this Act.
(3) Reimbursement to federal and state agencies.--The
amendment made by section 3(a)(3) does not apply to payment of
reimbursements under agreements entered into before the date of
the enactment of this Act. | Ensuring Fairness for Fishermen Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the payment of costs, fees, and expenses incurred by certain prevailing parties in proceedings under such Act from sums received as fines, penalties, and forfeitures.
Directs the Secretary of Commerce to establish a process for paying attorneys' fees to defendants who are substantially prevailing parties in criminal actions brought under such Act during the period beginning on November 28, 1990, and ending on the day before the date of the enactment of this Act. | {"src": "billsum_train", "title": "To amend the Magnuson-Stevens Fishery Conservation and Management Act to require payment of costs, fees, and expenses incurred by certain prevailing parties in proceedings under such Act from sums received as fines, penalties, and forfeitures, and for other purposes."} | 1,590 | 125 | 0.520261 | 1.48892 | 0.629207 | 6.058824 | 12.970588 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Services Improvement Act of
1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) historically, Federal programs have addressed the
Nation's problems by providing categorical financial assistance
with detailed requirements relating to the use of funds;
(2) while the assistance described in paragraph (1) has
been directed at critical problems, some program requirements
may inadvertently impede the effective delivery of services,
and the Federal government should exercise leadership in
eliminating these impediments;
(3) the Nation's State, local, and tribal governments and
private, nonprofit organizations are dealing with increasingly
complex problems that require the coordinated delivery of many
kinds of services;
(4) the Nation's communities are diverse, and different
needs are present in different communities; and
(5) it is more important than ever for the Federal
Government to--
(A) review, coordinate, and rationalize rules,
regulations and policies governing the range of Federal
financial assistance programs;
(B) reduce the barriers between programs that
impede State, local, and tribal governments' ability to
deliver services in a coordinated and effective manner;
and
(C) promote more effective and efficient local
delivery of services.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) remove Federal impediments to coordination of service
delivery;
(2) enable more efficient use of Federal, State, and local
resources through program coordination and reduction of
regulation;
(3) facilitate cooperation among and coordination of
programs operated by State, local, and tribal governments and
private, nonprofit organizations; and
(4) place less emphasis in Federal service programs on
measuring resources and procedures and more emphasis on
accountability for achieving policy goals.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) Eligible federal financial assistance program.--The
term ``eligible Federal financial assistance program''--
(A) means a Federal program under which financial
assistance is available, directly or indirectly, to a
State, local, or tribal government or a qualified
organization to carry out a specified program;
(B) does not include a Federal program under which
financial assistance is provided by the Federal
Government directly to a beneficiary of that financial
assistance, or to a State to provide financial or food
voucher assistance directly to a beneficiary (but may
include administrative costs for such a program if
administrative funding levels are set separately from
benefit funding by law or regulation);
(C) includes the services portion of a program that
provides both direct cash payments and services; and
(D) does not include a direct spending program (as
defined under the Budget Enforcement Act of 1990 (2
U.S.C. 900(c)(8)).
(2) Eligible state, local, or tribal government.--The term
``eligible State, local, or tribal government'' means a State,
local, or tribal government that is eligible to receive
financial assistance under one or more eligible Federal
financial assistance programs;
(3) Local government.--The term ``local government''
means--
(A) a subdivision of a State that is a unit of
general local government (as defined under section 6501
of title 31, United States Code);
(B) any combination of political subdivisions
described in subparagraph (A) recognized by the
Council; and
(C) local education agencies (as defined under
section 8801(18) of title 20, United States Code);
(4) Qualified organization.--The term ``qualified
organization'' means a private, nonprofit organization
described in section 501(c)(3) of the Internal Revenue Code of
1986 that is exempt from taxation under section 501(a) of the
Internal Revenue Code of 1986;
(5) State.--The term ``State'' means each of the 50 States,
the District of Columbia, Puerto Rico, American Samoa, Guam,
and the Virgin Islands;
(6) Qualified consortium.--The term ``qualified
consortium'' means a group that--
(A) is composed of any combination of qualified
organizations, State agencies, or local agencies that
receive federally appropriated funds, and
(B) includes representatives from not less than
three organizations providing services in not less than
three of the following areas:
(i) Education.
(ii) Head Start.
(iii) Child care.
(iv) Family support and preservation.
(v) Maternal and child health.
(vi) Job training.
(vii) Housing.
(viii) Nutrition.
(ix) Juvenile justice.
(x) Drug abuse prevention and treatment;
and
(7) Tribal government.--The term ``tribal government''
means the governing entity of an Indian tribe as defined in the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
479a), and any amendments to such Act.
SEC. 5. ESTABLISHMENT OF FEDERAL COORDINATION COUNCIL.
(a) Designation and Membership.--The President shall designate a
Federal Coordination Council, in this Act referred to as ``Council'',
composed of the following:
(1) The Attorney General.
(2) The Secretary of Agriculture.
(3) The Secretary of Labor.
(4) The Secretary of Health and Human Services.
(5) The Secretary of Housing and Urban Development.
(6) The Secretary of Education.
(7) The Director of National Drug Control Policy.
(8) The Director of the Office of Management and Budget.
(9) Any additional members appointed at the discretion of
the President.
(b) Chairperson.--The President shall designate a Chair of the
Council from among members of the Council.
(c) Duties.--The Council shall perform the following functions:
(1) Review regulations governing eligible Federal financial
assistance programs in the areas listed in section 4(1)(A) and
identify more efficient operation and coordination of such
programs.
(2) Coordinate and assist Federal agencies in eliminating,
revising, and coordinating regulations, including regulations
with respect to the blending of funds.
(3) Coordinate and assist Federal agencies in creating an
application to be used to apply for assistance from eligible
Federal financial assistance programs in the areas listed in
section 4(1)(A).
(4) Coordinate and assist Federal agencies in creating a
release form to be used by a client to authorize or prohibit
service providers, including schools, from sharing information
across eligible Federal financial assistance programs.
(5) Coordinate and assist agencies in creating a system
wherein an organization or consortium of organizations may use
one proposal to apply for funding from multiple eligible
Federal financial assistance programs.
(6) Evaluate current performance standards and evaluation
criteria for eligible Federal financial assistance programs,
and make specific recommendations to Federal agencies regarding
how to revise such standards and criteria in order to establish
specific and measurable performance and outcome measures by
which program success may be judged and future funding
decisions made.
(7) Ensure that Federal grants program criteria award
priority funding to qualified consortia.
(8) Establish interagency teams comprised of staff from the
agencies that administer the covered federal financial
assistance programs to provide training and technical
assistance to assist program coordination.
(9) Establish interagency teams to provide outcome-based,
cross-program evaluation of coordinated programs.
(10) Identify not less than ten qualified consortia to
participate in a demonstration program to determine the
benefits of the following accountability procedures:
(A) The qualified consortium shall select a set of
specific and measurable program goals.
(B) The qualified consortium shall develop a
flexibility and coordination plan to describe--
(i) how the consortium will attain these
goals;
(ii) how performance will be measured; and
(iii) how the consortium will identify
subgroups within the community, and collect and
maintain data to measure the impact of the plan
on individuals, the subgroups, and the
community.
(d) Reports.--
(1) Not later than one year after the designation of the
Council, the Council shall submit to the Congress a report
detailing any legislative encumbrances preventing the Council
from carrying out its duties.
(2) Not later than three years after the designation of the
Council, the Council shall submit to the Congress a report
detailing any regulations implemented as a result of findings
of the Council.
SEC. 6. INCENTIVES TO FORM CONSORTIA.
(a) Exemption from Requirements.--Notwithstanding any other
provision of law, members of a qualified consortium shall be exempted,
without any waiver application or approval, but subject to prior
notification to the agency administering the affected Federal
assistance programs, from meeting requirements or providing services
which are met or performed by another member of the consortium, so long
as the standards of the requirement or service are met by that other
member of the consortium.
(b) Retention of Certain Funds.--Any funds which each individual
program saves from the program coordination described in subsection (a)
may be retained by the consortium in a flexible account which shall be
administered in accordance with a memorandum of understanding agreed to
by each member of the consortium. Flexible account funds may be used to
expand, improve, or otherwise augment services provided by the
consortium, consistent with the intent of Federal programs managed by
consortium members, including data systems development and joint
professional development with staff from other consortium members.
(c) Permission to Set Aside Percentage of Funds.--Any agency or
organization that is a member of a consortium may at its discretion set
aside a maximum of 10 percent of its Federal funds in the flexible
account described in subsection (b).
(d) Audit of Federal Financial Assistance Programs.--The Federal
agencies with jurisdiction over Federal financial assistance programs
included in a consortium may designate a cognizant agency to audit
flexible fund expenditures.
(f) Enforcement of Requirements of Federal Financial Assistance
Programs.--The Federal agencies with jurisdiction over Federal
financial assistance programs included in a consortium may designate a
cognizant agency to enforce the authorization requirements of Federal
assistance programs. | Family Services Improvement Act of 1997 - Directs the President to designate a Federal Coordination Council composed of various specified cabinet secretaries and other Federal agency heads to perform a variety of specified functions for the stated purposes of: (1) removing Federal impediments to coordination of service delivery; (2) enabling more efficient use of Federal, State, and local resources through program coordination and reduction of regulation; (3) facilitating cooperation among and coordination of programs operated by State, local, and tribal governments and private, nonprofit organizations; (4) identifying at least ten qualified consortia of such organizations and State or local agencies that receive federally appropriated funds, together with representatives of specified services, to participate in a demonstration program to determine the benefits of specified accountability procedures; and (5) placing less emphasis in Federal service programs on measuring resources and procedures and more emphasis on accountability for achieving policy goals.
Requires the Federal Coordination Council to submit to the Congress: (1) not later than one year after the designation of the Council, a report detailing any legislative encumbrances preventing the Council from carrying out its duties; and (2) not later than three years after the designation of the Council, a report detailing any regulations implemented as a result of the Council's findings. | {"src": "billsum_train", "title": "Family Services Improvement Act of 1997"} | 2,140 | 268 | 0.590346 | 1.880425 | 0.850711 | 5.296748 | 8.398374 | 0.930894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Act of 1994''.
SEC. 2. NONRECOGNITION OF GAIN ON SALE OF PRINCIPAL RESIDENCE TO EXTENT
PROCEEDS USED FOR ENTRANCE INTO CONTINUING CARE
RETIREMENT COMMUNITY.
(a) In General.--Section 1034 of the Internal Revenue Code of 1986
(relating to rollover of gain of sale of principal residence) is
amended by redesignating subsection (l) as subsection (m) and by
inserting after subsection (k) the following new subsection:
``(l) Nonrecognition of Gain If New Residence Is Qualified
Continuing Care Retirement Community.--
``(1) In general.--Gross income shall not include gain from
the sale of the principal residence of the taxpayer if--
``(A) the taxpayer attained age 55 before the date
of such sale, and
``(B) within the 2-year period beginning on such
date, the taxpayer has as his principal residence a
qualified continuing care retirement community.
``(2) Limitation.--The amount excluded from gross income
under paragraph (1) shall not exceed the amount paid by the
taxpayer during such 2-year period to such retirement community
in order for the taxpayer or his spouse to reside in such
community.
``(3) Recapture in certain cases.--
``(A) In general.--If the taxpayer ceases to have
as his principal residence (other than by reason of
death) a qualified continuing care retirement
community, the amount excluded from gross income under
paragraph (1) shall be included in gross income for the
taxable year in which such cessation occurs.
``(B) Exceptions.--The amount includible in gross
income under subparagraph (A) shall be reduced by the
amount paid by the taxpayer (during the 6-month period
after the date of cessation)--
``(i) to a qualified continuing care
retirement community in order for the taxpayer
or his spouse to reside in such community (but
only if the community becomes the principal
residence of the taxpayer or his spouse during
such period), or
``(ii) for qualified long-term care
expenses (as defined in section 408(d)(8)) of
the taxpayer or his spouse.
``(4) Special rules for married individuals.--In the case
of a husband and wife who file a joint return for the taxable
year which includes the date of the sale of the old residence--
``(A) the age requirement of paragraph (1)(A) shall
be treated as met if either spouse meets such
requirement, and
``(B) paragraph (3) shall be applied by taking into
account one-half of the gain with respect to each
spouse.
``(5) Qualified continuing care retirement community.--For
purposes of this subsection, the term `qualified continuing
care retirement community' has the meaning given such term by
section 7872(g).''
(b) Effective Date.--The amendments made by this section shall
apply to old residences sold after the date of the enactment of this
Act.
SEC. 3. EXCLUSION FROM GROSS INCOME FOR AMOUNTS WITHDRAWN FROM
INDIVIDUAL RETIREMENT PLANS FOR LONG-TERM CARE.
(a) In General.--Subsection (d) of section 408 of the Internal
Revenue Code of 1986 (relating to tax treatment of distributions from
individual retirement plans) is amended by adding at the end thereof
the following new paragraph:
``(8) Distributions for qualified long-term care
expenses.--
``(A) In general.--No amount (which but for this
paragraph would be includible in the gross income of
the payee or distributee under paragraph (1)) shall be
included in gross income during the taxable year if--
``(i) the payee or distributee has attained
age 59\1/2\ on or before the date of the
distribution, and
``(ii) the distribution is used during such
year to pay qualified long-term care expenses
for the benefit of the payee or distributee or
the spouse of the payee or distributee if such
spouse has attained age 59\1/2\ on or before
the date of the distribution.
``(B) Qualified long-term care expenses.--For
purposes of subparagraph (A), the term `qualified long-
term care expenses' means any amount paid--
``(i) as premiums for any qualified long-
term care insurance policy, or
``(ii) for services of a type for which
coverage may be provided under a qualified
long-term care insurance policy.
``(C) Qualified long-term care insurance policy.--
For purposes of subparagraph (B)--
``(i) In general.--Subject to clause (ii),
the term `qualified long-term care insurance
policy' means an insurance policy or rider,
issued by a qualified issuer, and certified by
the Secretary of Health and Human Services (in
accordance with procedures similar to the
procedures prescribed in section 1882 of the
Social Security Act (42 U.S.C. 1385ss) used in
the certification of medicare supplemental
policies (as defined in subsection (g)(1) of
such section)) to be advertised, marketed,
offered, or designed to provide coverage--
``(I) for not less than 12
consecutive months for each covered
person,
``(II) on an expense incurred,
indemnity, or prepaid basis,
``(III) for 1 or more medically
necessary, diagnostic services,
preventive services, therapeutic
services, rehabilitation services,
maintenance services, personal care
services, or continuing care services,
and
``(IV) provided in a setting other
than an acute care unit of a hospital.
``(ii) Coverage specifically excluded.--
Such term does not include any insurance policy
or rider which is offered primarily to provide
any combination of the following kinds of
coverage:
``(I) Basic Medicare supplement
coverage.
``(II) Basic hospital expense
coverage.
``(III) Basic medical-surgical
expense coverage.
``(IV) Hospital confinement
indemnity coverage.
``(V) Major medical expense
coverage.
``(VI) Disability income protection
coverage.
``(VII) Accident only coverage.
``(VIII) Specified disease
coverage.
``(IX) Specified accident coverage.
``(X) Limited benefit health
coverage.
``(iii) Qualified issuer.--For purposes of
clause (i), the term `qualified issuer' means
any of the following:
``(I) Private insurance company.
``(II) Fraternal benefit society.
``(III) Nonprofit health
corporation.
``(IV) Nonprofit hospital
corporation.
``(V) Nonprofit medical service
corporation.
``(VI) Prepaid health plan.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to distributions after the date of the enactment of this Act in
taxable years ending after such date.
SEC. 4. INCREASE IN EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE BY
INDIVIDUALS WHO HAVE ATTAINED AGE 55 FOR AMOUNTS SET
ASIDE FOR LONG-TERM CARE.
(a) In General.--Paragraph (1) of section 121(b) of the Internal
Revenue Code of 1986 (relating to one-time exclusion of gain from sale
of principal residence by individual who has attained age 55) is
amended to read as follows:
``(1) Dollar limitation.--
``(A) In general.--The amount of the gain excluded
from gross income under subsection (a) shall not exceed
$125,000 ($62,500 in the case of a separate return by a
married individual).
``(B) Exception for amounts set aside for long-term
care.--
``(i) In general.--The dollar amount
applicable under subparagraph (A) shall be
increased by the amount set aside by the
taxpayer (during the taxable year in which the
sale or exchange occurs) in a separate account
the principal and earnings on which are to be
used by the taxpayer only to pay qualified
long-term care expenses (as defined in section
408(d)(8)) for the benefit of the taxpayer or
the spouse of the taxpayer.
``(ii) Tax on amounts not used for long-
term care expenses.--If any amount paid or
distributed from an account described in clause
(i) is used other than to pay qualified long-
term care expenses (as so defined) for the
benefit of the taxpayer or the spouse of the
taxpayer--
``(I) such amount shall be
includible in gross income for the
taxable year in which paid or
distributed, and
``(II) the taxpayer's tax imposed
by this chapter for such taxable year
shall be increased by an amount equal
to 10 percent of such amount.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to sales and exchanges after the date of the enactment of this
Act in taxable years ending after such date.
SEC. 5. FEDERAL PREEMPTION RELATING TO REVERSE MORTGAGE LOANS.
(a) Laws Relating Generally to Mortgages.--No State or political
subdivision of a State may establish, continue in effect, or enforce
any mortgage loan law, as such law applies to any reverse mortgage
loan, unless the mortgage loan law expressly applies to reverse
mortgage loans (or to certain types of such loans) or on its face
evidences the existence of reverse mortgage loans (or certain types of
such loans).
(b) Savings Provision.--Subsection (a) may not be construed--
(1) to annul, alter, or affect any mortgage loan law as
such law applies to any mortgage loan that is not a reverse
mortgage loan; or
(2) to limit the authority of any State or any political
subdivision of a State to establish, continue in effect, or
enforce any provision of law expressly applicable to reverse
mortgage loans (or certain types of such loans).
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Mortgage loan.--The term ``mortgage loan'' means any
loan for the unpaid purchase price of real property or advances
on real property that, pursuant to the laws of the applicable
State or political subdivision of a State, is secured by any
lien on or interest in the property.
(2) Mortgage loan law.--The term ``mortgage loan law''
means any law that applies to any mortgage loan or regulates,
limits, authorizes, or otherwise affects any mortgage loan.
(3) Reverse mortgage.--The term ``reverse mortgage'' means
any mortgage loan--
(A) that is secured by a dwelling that is the
principal residence of the borrower and is designed
principally as a 1-family residence;
(B) under which payments are made to the borrower
based on the equity of the borrower in the residence;
(C) under which no repayment of principal and
interest is required until the entire indebtedness
under the loan becomes due and payable; and
(D) that provides that the borrower shall not be
liable for any remaining indebtedness resulting from
the failure of the security for the loan to cover the
entire indebtedness under the loan.
SEC. 6. PROCEEDS FROM REVERSE MORTGAGE LOANS NOT TREATED AS INCOME OR
RECEIPTS FOR MEANS-TESTED PROGRAMS.
For purposes of any Federal program and any State or local program
financed in whole or in part with Federal funds--
(1) any payment under a reverse mortgage (as defined in
section 5) made to an individual shall not be taken into
account as income or receipts for purposes of determining the
eligibility, for the month in which such payment is made or any
month thereafter, of such individual or any other individual
for benefits or assistance, or the amount or extent of benefits
or assistance, under such a program, and
(2) any unpaid amounts under such a mortgage shall be
treated as the borrower's equity in the residence and shall not
be treated as loan proceeds. | Long-Term Care Act of 1994 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of a principal residence if the new residence is a qualified continuing care retirement community and the taxpayer has attained the age 55.
Excludes from gross income amounts withdrawn from individual retirement plans or certain pension plans to pay qualified long-term care insurance expenses.
Increases the one-time exclusion of gain on the sale of a principal residence by individuals who have attained age 55 by the amount set aside for the long-term care of such individuals.
Requires State mortgage loan laws to expressly apply to reverse mortgage loans.
Provides that proceeds from reverse mortgage loans shall not be treated as income or receipts for means-tested programs. | {"src": "billsum_train", "title": "Long-Term Care Act of 1994"} | 2,745 | 167 | 0.553556 | 1.427966 | 0.709918 | 3.527397 | 17 | 0.965753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mother's Day Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) Anna Jarvis, who is considered to be the founder of the
modern Mother's Day, was born in Webster, West Virginia on May
1, 1864.
(2) A resident of Grafton, West Virginia, Anna Jarvis
dedicated much of her adult life to honoring her mother, Anna
Reeves Jarvis, who passed on May 9, 1905.
(3) In 1908, the Matthews Methodist Episcopal Church of
Grafton, West Virginia, officially proclaimed the third
anniversary of Anna Reeves Jarvis' death to be Mother's Day.
(4) In 1910, West Virginia Governor, William Glasscock,
issued the first Mother's Day Proclamation encouraging all West
Virginians to attend church and wear white carnations.
(5) On May 8, 1914, the Sixty-Third Congress approved H.J.
Res. 263 designating the second Sunday in May to be observed as
Mother's Day and encouraging all Americans to display the
American flag at their homes as a public expression of the love
and reverence for the mothers of our Nation.
(6) On May 9, 1914, President Woodrow Wilson issued a
Presidential Proclamation directing government officials to
display the American flag on all government buildings and
inviting the American people to display the flag at their homes
on the second Sunday of May as a public expression of the love
and reverence for the mothers of our Nation.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 400,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--The design of the coins minted under this
Act shall be emblematic of the 100th anniversary of President Wilson's
proclamation designating the second Sunday in May as Mother's Day.
(b) Designation and Inscriptions.--On each coin minted under this
Act, there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2014''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2014, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2014.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the sum of the face value of the coins, the surcharge required
under section 7(a) for the coins, and the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery,
overhead expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales shall include a surcharge of $10
per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) \1/2\ to the Susan G. Komen for the Cure for the
purpose of furthering research funded by the organization.
(2) \1/2\ to the National Osteoporosis Foundation for the
purpose of furthering research funded by the Foundation.
(c) Audits.--The Susan G. Komen for the Cure and the National
Osteoporosis Foundation shall be subject to the audit requirements of
section 5134(f)(2) of title 31, United States Code, with regard to the
amounts received by the respective organizations under subsection (b). | Mother's Day Centennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day.
Authorizes the Secretary to issue such coins beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date.
Terminates such minting authority after December 31, 2014.
Requires coin sales to include a $10 surcharge per coin, with distribution of such surcharges to the Susan G. Komen for the Cure and the National Osteoporosis Foundation for the purpose of furthering research. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of Mother's Day."} | 1,262 | 158 | 0.473482 | 1.512228 | 0.757932 | 6.307087 | 8.661417 | 0.952756 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Service Center Act''.
SEC. 2. DEMONSTRATION PROJECTS TO COORDINATE THE ADMINISTRATION OF
SERVICES TO NEEDY FAMILIES WITH CHILDREN.
(a) In General.--In order to coordinate the administration of
programs that provide services to needy families with children, the
Secretary of Health and Human Services (in this section referred to as
``the Secretary'') may authorize States to conduct demonstration
projects in accordance with this section.
(b) Description of Project.--Each State desiring to conduct a
demonstration project under this section may submit to the Secretary an
application that contains a description of the measures to be employed
to coordinate the administration of--
(1) programs for needy families with children that are
administered by the Secretary; and
(2) programs administered by the State, which offer
services for children, youth, or needy families with children,
that the State considers appropriate to include in the
demonstration project.
(c) Projects Aimed at a Diversity of Clients.--The Secretary shall
ensure that, as a group, the demonstration projects authorized to be
conducted under this section serve urban, rural, and linguistically and
culturally diverse clients and include the broadest possible range of
services.
(d) Project Requirements.--Each State authorized to conduct a
demonstration project under this section shall--
(1) ensure that the project provides--
(A) each client with a single place and
organization providing access to, and information and
counseling about, services for needy families with
children;
(B) access points in clients' neighborhoods for
communication with service providers regarding their
applications and benefits through electronic data
processing and communications technology; and
(C) approaches to integrating the administration of
services that are linguistically and culturally
appropriate to the clientele of the project; and
(2) conduct the project in accordance with such other
requirements as the Secretary may prescribe.
(e) Grants; Duration of Projects.--
(1) In general.--The Secretary shall make grants to each
State whose application to conduct a demonstration project
under this subsection is approved by the Secretary, to assist
the State in carrying out the project for a period of not more
than 3 years.
(2) Renewal.--The Secretary may extend for not more than 3
additional years the authority to conduct any demonstration
project under this section, upon approval by the Secretary
based on the effectiveness of the project in achieving the
objectives of this section.
(3) Timing of grant payments.--The Secretary may pay grants
under this section in advance or in installments, as the
Secretary determines appropriate.
(f) State Evaluation of Project.--
(1) In general.--Each State that conducts a demonstration
project under this section shall, as a part of the project--
(A) conduct an evaluation of the effectiveness and
outcomes of the project in improving the coordination
and delivery, and in reducing the administrative costs,
of services to needy families with children; and
(B) cooperate with the Secretary in the conduct of
national evaluations of the effectiveness and cost
savings of all such demonstration projects.
(2) Report.--
(A) In general.--Each State authorized to conduct a
demonstration project under this section shall submit
to the Secretary a report on the results of the
evaluation described in paragraph (1).
(B) Timing.--The report required by subparagraph
(A) with respect to a demonstration project shall be
submitted within 6 months after the earlier of--
(i) the completion of the project; or
(ii) the end of the 3-year period that
begins with the commencement of the project.
(g) State Report on Impediments to Delivery of Services, and on
Measures Taken To Eliminate or Reduce Such Impediments.--Each State
authorized to conduct a demonstration project under this section shall
submit to the Secretary at such time as the Secretary may prescribe a
report that describes--
(1) the administrative policies and laws of the Federal
Government and of the State or of a political subdivision of
the State, that the State has identified as impediments to the
coordination of the delivery of services to needy families with
children; and
(2) the measures that the State has taken or intends to
take to eliminate or reduce the impediments described in
paragraph (1) that are attributable to administrative policies
and laws of the State or of a political subdivision of the
State.
(h) Federal Evaluations.--
(1) In general.--The Secretary shall conduct evaluations of
the implementation and outcomes of the demonstration projects
authorized under this section.
(2) Reports.--Not later than 3 years after the date of the
enactment of this section, and annually thereafter, the
Secretary shall submit to the Congress a report the results of
the evaluations conducted under paragraph (1) that includes the
recommendations of the Secretary as to any statutory changes
that would improve integration of services provided through
programs included in the demonstration projects conducted under
this section.
(3) Funding.--The Secretary may reserve up to 5 percent of
the amounts appropriated for grants under this section for the
purpose of conducting and reporting on evaluations of the
demonstration projects authorized under this section.
(i) No Waiver Authority.--This section shall not be construed to
authorize the Secretary or appropriate agency head to waive or modify
any requirement of any program described in subsection (b).
(j) State Defined.--As used in this section, the term ``State''
includes the several States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the
United States Virgin Islands, Guam, American Samoa, and the Trust
Territory of the Pacific Islands. | Family Service Center Act - Authorizes the Secretary of Health and Human Services to authorize States to conduct demonstration projects to coordinate the administration of services to needy families with children, including: (1) programs for needy families with children that are administered by the Secretary; and (2) State programs offering services for children, youth, or needy families with children.
Requires the Secretary to ensure that, as a group, such demonstration projects serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. Specifies other program requirements.
Requires the Secretary to make three-year grants (renewable for another three years) to States to carry out such a project.
Requires each State conducting a demonstration project to report to the Secretary on: (1) Federal, State, and local administrative policies and laws identified as impediments to the coordination of the delivery of services to needy families with children; and (2) measures the State has taken or intends to take to eliminate or reduce such impediments. | {"src": "billsum_train", "title": "Family Service Center Act"} | 1,239 | 224 | 0.678884 | 1.766558 | 0.873243 | 4.871921 | 5.694581 | 0.91133 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Social Security Reporting
Information and Right to Know Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Social Security Advisory Board, the Technical Panel
on Assumptions and Methods of the Social Security Advisory
Board (in this Act referred to as the ``Panel''), and the
Office of the Chief Actuary of the Social Security
Administration should be commended for their professional,
nonpartisan work to project the future financial operations of
the social security program established under title II of the
Social Security Act.
(2) The Panel reported its recommendations in November
1999.
(3) The Panel recommended a series of changes to current
projections of the financial operations of the social security
program which would, if adopted, increase existing estimates of
the program's unfunded obligations.
(4) The Panel further recommended the use of standards of
comparison that emphasize program sustainability, such as
showing the program's projected annual income rates, cost
rates, and balances with an emphasis that is equal to 75-year
program solvency.
(5) The Panel further recommended that reform proposals be
evaluated using standards of comparison that include the
proposal's impact on the Federal unified budget, as well as a
recognition of the funding shortfalls present under current
law.
(6) The Panel made several other recommendations that are
worthy of consideration, involving issues that include
workforce participation, poverty rates among the elderly, and
assumptions regarding equity investment returns.
(7) Adoption of the Panel's recommendations would assist in
developing a fiscally responsible reform solution that avoids
passing hidden costs to future taxpayers.
SEC. 3. EXPANSION OF SOCIAL SECURITY ACCOUNT STATEMENT.
(a) In General.--Section 1143(a)(2) of the Social Security Act (42
U.S.C. 1320b-13(a)(2)) is amended by striking ``and'' at the end of
subparagraph (C), by striking the period at the end of subparagraph (D)
and inserting a semicolon, and by adding at the end the following:
``(E) a statement providing information that--
``(i) while the old age, survivors, and disability
insurance program currently collects more in employer,
employee, and self-employment contributions than such
program pays out in retirement, disability, survivor,
and auxiliary benefits each year, such program will
begin to run cash flow deficits in 2015, thereafter
necessitating the allocation of general tax revenues in
order to finance promised benefits; and
``(ii) the trust funds for such program contain
claims on future Government resources sufficient to
cover the deficit through 2037, but after that date,
the trust funds would collect sufficient revenues to
pay 72 percent of benefits; and
``(F) a statement explaining the nature of the Federal old
age, survivors, and disability insurance trust funds, including
the following: `Social Security Trust Fund balances are
available to finance future benefit payments and other Trust
Fund responsibilities only in a bookkeeping sense. They do not
consist of real economic assets that can be drawn down in the
future to fund benefits. Instead, such balances are claims on
the United States Treasury that, when redeemed, will have to be
financed by raising taxes, borrowing from the public, or
reducing benefits or other expenditures. The existence of large
Social Security Trust Fund balances, therefore, does not, by
itself, have any impact on the Federal Government's ability to
pay benefits.'.
For purposes of subparagraph (E), the dates and percentages described
in such subparagraph shall be adjusted annually based on the
Alternative II (Intermediate) findings of the Office of the Chief
Actuary contained in the most recent report of the Board of
Trustees.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to statements provided after the date of enactment
of this Act.
SEC. 4. EXPANSION OF ANNUAL REPORT OF THE TRUSTEES OF THE SOCIAL
SECURITY TRUST FUNDS.
(a) In General.--Section 201(c) of the Social Security Act (42
U.S.C. 401(c)) is amended by inserting before the penultimate sentence
the following: ``Based on the Alternative II (Intermediate) findings of
the Office of the Chief Actuary, such report, including the report's
summary and any items that accompany the release of such report, shall
include in a clear and simple manner the information described in
subsection (n)(1).''.
(b) Additional Contents of Report.--Section 201 of the Social
Security Act (42 U.S.C. 401) is amended by adding at the end the
following:
``(n)(1) For purposes of subsection (c), the information described
in this subsection is the following:
``(A) An estimate of the year in which annual
outlays from the Trust Funds is first projected, using
the Trustees' intermediate estimates, to exceed the
annual cash income of the Trust Funds. For purposes of
this paragraph, annual cash income of the Trust Funds
shall be determined by including payroll and benefit
tax revenues, but not intragovernmental transfers or
interest income.
``(B) The annual excess of such projected annual
outlays from the Trust Funds over the annual cash
income of the Trust Funds in each year, beginning with
the first year identified in subparagraph (A) and
extending through the year of projected program
insolvency.
``(C) The aggregate amount of the annual excesses
identified in subparagraph (B) for the 75-year
projection period included in the report and the change
in such amount from the previous year's report.
``(D) The amount of deficit or surplus that the
old-age, survivor, and disability insurance program
will run in the last year in the 75-year projection
period included in the report and the aggregate assets
and unfunded obligations contained in the Trust Funds
in that final projected year.
``(E) The amount that payroll taxes would have to
be raised or benefits be reduced (both in percentage
terms) in order to keep the old-age, survivor, and
disability insurance program in annual financial
balance after any cumulative balances in the Trust
Funds are exhausted. For purposes of the preceding
sentence, such program shall be considered to be in
annual financial balance when the annual cash income of
the Trust Funds and annual outlays from the Trust Funds
are approximately equal for each year throughout the
75-year projection period included in the report.
``(F) How the annual amounts identified in
subparagraph (B) would change if either raising payroll
taxes or reducing benefits to keep the program in
financial balance is delayed for 5, 10, 25, and 50
years.
``(G) A provision explaining the nature of the
Trust Funds, including the following statement: `Social
Security Trust Fund balances are available to finance
future benefit payments and other Trust Fund
responsibilities only in a bookkeeping sense. They do
not consist of real economic assets that can be drawn
down in the future to fund benefits. Instead, such
balances are claims on the United States Treasury that,
when redeemed, will have to be financed by raising
taxes, borrowing from the public, or reducing benefits
or other expenditures. The existence of large Social
Security Trust Fund balances, therefore, does not, by
itself, have any impact on the Federal Government's
ability to pay benefits.'.
``(2) The information described in subparagraphs (B), (C),
and (D) of paragraph (1) shall be presented in terms of nominal
dollars, inflation-adjusted dollars, and present discounted
value in the report under subsection (c)(2), and in terms of
inflation-adjusted dollars in the summary of such report.
``(3) The Board of Trustees shall publish the economic
model and all relevant data that are used to make the financial
projections included in the report under subsection (c)(2) and
to make it available on the Social Security Administration
Internet web site. Annually, the Board of Trustees shall also
include in such report any changes made to the model and data
in the preceding 12 months.
``(4) The information described in paragraph (1) shall also
be included in a separate report to Congress to be submitted
not later than the first day of April of each year (beginning with
2002).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to reports made after the date of enactment of this
Act.
SEC. 5. ANNUAL REPORT FROM THE COMMISSIONER OF SOCIAL SECURITY.
(a) In General.--Section 704 of the Social Security Act (42 U.S.C.
904) is amended by adding at the end the following:
``Annual Report to Congress
``(f) The Commissioner, in conjunction with the Secretary, the
Secretary of the Treasury, and the Director of the Office of Management
and Budget, shall submit an annual report to Congress that includes the
following:
``(1) Projections of the old-age, survivors, and disability
insurance program's (in this subsection referred to as the
`program') annual income rates, cost rates, and annual balances
throughout the 75-year valuation window used by the Board of
Trustees of the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund (in this
subsection referred to as the `Board of Trustees').
``(2) A clear and explicit presentation of the program's
financing shortfalls, expressed as the excess in dollars of
program outlays over revenues, in years that the sum of payroll
tax revenues and revenues resulting from taxes imposed on
benefits provided under the program are projected by the Board
of Trustees to be less than program outlays.
``(3) A presentation of benefit levels under the program
and tax rates throughout the long-range valuation period used
by the Board of Trustees that reflects the extent to which
benefits would need to be reduced to be funded under currently
projected program revenues, and the percentage that taxes would
need to be increased in order to fund promised benefits.
``(4) An evaluation of the effects upon national savings
levels and on the fiscal operations of the Federal Government
of enacted provisions of law relating to the program.
``(5) Estimates of average lifetime values of benefits for
different age, income, and gender cohorts, respectively, for
recipients of benefits under the program, that are consistent
with the estimates of the Board of Trustees of the percentage
of benefits that can be funded under such enacted provisions of
law.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to reports made for calendar years beginning after
the date of enactment of this Act.
SEC. 6. SENSE OF CONGRESS REGARDING SOCIAL SECURITY REFORM LEGISLATION.
It is the sense of Congress that Congress and the President should
not miss a critical opportunity to enact comprehensive bipartisan
social security reform legislation that meets the standard of 75-year
actuarial solvency and also addresses the following issues:
(1) The permanent sustainability of the social security
program.
(2) The long-term impact of reform upon the fiscal
operations of the Federal Government as a whole.
(3) The need for a clear and explicit presentation of the
anticipated reduction in the social security program's unfunded
obligations.
(4) Ensured continued solvency under alternative
assumptions regarding mortality, fertility, rates of return,
and other appropriate economic and demographic assumptions.
(5) The total amount of retirement income provided under
proposed reform in comparison to a standard that explicitly
recognizes the benefit reductions or tax increases that enacted
provisions of law relating to the social security program would
require, according to the estimates in the most recent report
of the Board of Trustees of the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund.
(6) The long-term impact of the current projections of
insolvency and of alternative reform proposals upon workforce
participation, poverty among the elderly, national savings
levels, and other issues identified by the Panel.
SEC. 7. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF RECOMMENDATIONS.
It is the sense of Congress that the recommendations of the Panel
should be implemented to the extent deemed reasonable by the Board of
Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund, in consultation with the
agencies and offices that have research, estimating, and reporting
responsibilities pertinent to the social security program. | Social Security Reporting Information and Right to Know Act of 2001 - Amends part A (General Provisions) of title XI of the Social Security Act (SSA) with regard to Social Security account statements to require them to contain additional statements of specified information relating to projections of the future financial operations and status of the Social Security program under SSA title II (Old Age, Survivors and Disability Insurance) (OASDI).Amends SSA title II with regard to the Federal Old-Age and Survivors Insurance Trust Fund and Federal Disability Insurance Trust Fund (Trust Funds) to require the Board of Trustees of the Trust Funds annual report to Congress on the operation and status of such Trust Funds to include similarly related information.Amends SSA title XVII (Administration) to direct the Commissioner of Social Security to submit an annual report to Congress that includes specified information relating to program solvency and expected benefits.Expresses the sense of Congress that: (1) Congress and the President should not miss a critical opportunity to enact comprehensive bipartisan Social Security reform legislation that meets the standard of 75-year actuarial solvency and also addresses specified issues, such as the permanent sustainability of the Social Security program; and (2) the recommendations of the Technical Panel on Assumptions and Methods of the Social Security Advisory Board should be implemented to the extent deemed reasonable by the Board of Trustees of the Trust Funds. | {"src": "billsum_train", "title": "A bill to amend the Social Security Act to require Social Security Administration publications to highlight critical information relating to the future financing shortfalls of the social security program, to require the Commissioner of Social Security to provide Congress with an annual report on the social security program, and for other purposes."} | 2,749 | 313 | 0.558987 | 1.694309 | 0.761775 | 4.627907 | 10.155039 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multiple Handgun Transfer
Prohibition Act of 1993''.
SEC. 2. MULTIPLE HANDGUN TRANSFER PROHIBITION.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(s)(1)(A)(i) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer--
``(I) during any 30-day period, to transfer 2 or more
handguns to an individual who is not licensed under section
923; or
``(II) to transfer a handgun to an individual who is not
licensed under section 923 and who received a handgun during
the 30-day period ending on the date of the transfer.
``(ii) It shall be unlawful for any individual who is not licensed
under section 923 to receive 2 or more handguns during any 30-day
period.
``(iii) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to transfer a handgun to an individual
who is not licensed under section 923, unless, after the most recent
proposal of the transfer by the individual, the transferor has--
``(I) received from the individual a statement of the
individual containing the information described in paragraph
(3);
``(II) verified the identification of the individual by
examining the identification document presented; and
``(III) within 1 day after the individual furnishes the
statement, provided a copy of the statement to the chief law
enforcement officer of the place of residence of the
individual.
``(B) Subparagraph (A) shall not apply to the transfer of a handgun
to, or the receipt of a handgun by, an individual who has presented to
the transferor a written statement, issued by the chief law enforcement
officer of the place of residence of the individual during the 10-day
period ending on the date of the transfer or receipt, which states that
the individual requires access to a handgun because of a threat to the
life of the individual or of any member of the household of the
individual.
``(2) Paragraph (1) shall not be interpreted to require any action
by a chief law enforcement officer which is not otherwise required.
``(3) The statement referred to in paragraph (1)(A)(iii)(I) shall
contain only--
``(A) the name, address, and date of birth appearing on a
valid identification document (as defined in section
1028(d)(1)) of the individual containing a photograph of the
individual and a description of the identification used;
``(B) a statement that the individual--
``(i) is not under indictment for, and has not been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding one year;
``(ii) is not a fugitive from justice;
``(iii) is not an unlawful user of or addicted to
any controlled substance (as defined in section 102 of
the Controlled Substances Act);
``(iv) has not been adjudicated as a mental
defective or been committed to a mental institution;
``(v) is not an alien who is illegally or
unlawfully in the United States;
``(vi) has not been discharged from the Armed
Forces under dishonorable conditions;
``(vii) is not a person who, having been a citizen
of the United States, has renounced such citizenship;
and
``(viii) has not received a handgun during the 30-
day period ending on the date of the statement;
``(C) the date the statement is made; and
``(D) notice that the individual intends to obtain a
handgun from the transferor.
``(4) Any transferor of a handgun who, after the transfer, receives
a report from a chief law enforcement officer containing information
that receipt or possession of the handgun by the transferee violates
Federal, State, or local law shall immediately communicate all
information the transferor has about the transfer and the transferee
to--
``(A) the chief law enforcement officer of the place of
business of the transferor; and
``(B) the chief law enforcement officer of the place of
residence of the transferee.
``(5) Any transferor who receives information, not otherwise
available to the public, with respect to an individual in a report
under this subsection shall not disclose such information except to the
individual, to law enforcement authorities, or pursuant to the
direction of a court of law.
``(6) In the case of a handgun transfer to which paragraph (1)(A)
applies--
``(A) the transferor shall retain--
``(i) the copy of the statement of the transferee
with respect to the transfer; and
``(ii) evidence that the transferor has complied
with paragraph (1)(A)(iii)(III) with respect to the
statement; and
``(B) the chief law enforcement officer to whom a copy of a
statement is sent pursuant to paragraph (1)(A)(iii)(III) shall
retain the copy for at least 30 calendar days after the date
the statement was made.
``(7) For purposes of this subsection, the term `chief law
enforcement officer' means the chief of police, the sheriff, or an
equivalent officer, or the designee of any such individual.
``(8) This subsection shall not apply to the sale of a firearm in
the circumstances described in subsection (c).
``(9) The Secretary shall take necessary actions to assure that the
provisions of this subsection are published and disseminated to dealers
and to the public.''.
(b) Handgun Defined.--Section 921(a) of such title is amended by
adding at the end the following:
``(29) The term `handgun' means--
``(A) a firearm which has a short stock and is designed to
be held and fired by the use of a single hand; and
``(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.''.
(c) Penalty.--Section 924(a) of such title is amended--
(1) in paragraph (1), by striking ``paragraph (2) or (3)
of''; and
(2) by adding at the end the following:
``(5) Whoever knowingly violates section 922(s) shall be fined not
more than $1,000, imprisoned for not more than one year, or both.''.
(d) Effective Date.--The amendments made by this Act shall apply to
conduct engaged in 90 or more days after the date of the enactment of
this Act. | Multiple Handgun Transfer Prohibition Act of 1993 - Amends the Federal criminal code to prohibit: (1) a licensed importer, manufacturer, or dealer from transferring two or more handguns to an individual not so licensed during any 30-day period or from transferring a handgun to any such individual who received a handgun during the previous 30-day period; and (2) any individual who is not so licensed from receiving two or more handguns during any 30-day period.
Makes such prohibitions inapplicable with respect to any individual who has presented to the transferor a written statement, issued by the chief law enforcement officer of the individual's place of residence during the ten days preceding that the individual requires access to a handgun because of a threat to his or her life or household.
Sets forth: (1) reporting and recordkeeping requirements; and (2) penalties for knowing violations of this Act. | {"src": "billsum_train", "title": "Multiple Handgun Transfer Prohibition Act of 1993"} | 1,523 | 194 | 0.707078 | 1.956976 | 0.778034 | 3.611429 | 8.011429 | 0.834286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pension Forfeiture Act
of 2006''.
SEC. 2. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER OF CONGRESS
FOR ABUSING THE PUBLIC TRUST.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual finally convicted of an offense described
in paragraph (2) shall not be taken into account for purposes of this
subchapter, except that this sentence applies only to service rendered
as a Member (irrespective of when rendered). Any such individual (or
other person determined under section 8342(c), if applicable) shall be
entitled to be paid so much of such individual's lump-sum credit as is
attributable to service to which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) Every act or omission of the individual (referred to
in paragraph (1)) that is needed to satisfy the elements of the
offense occurs while the individual is a Member.
``(ii) Every act or omission of the individual that is
needed to satisfy the elements of the offense directly relates
to the performance of the individual's official duties as a
Member.
``(iii) The offense is committed after the date of
enactment of this subsection.
``(B) An offense described in this subparagraph is only the
following, and only to the extent that the offense is a felony under
title 18:
``(i) An offense under section 201 of title 18 (bribery of
public officials and witnesses).
``(ii) An offense under section 219 of title 18 (officers
and employees acting as agents of foreign principals).
``(iii) An offense under section 371 of title 18
(conspiracy to commit offense or to defraud United States) to
the extent of any conspiracy to commit an act which constitutes
an offense under clause (i) or (ii).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the final conviction, be eligible to
participate in the retirement system under this subchapter or chapter
84 while serving as a Member.
``(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such regulations
shall include--
``(A) provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be
limited in a manner similar to that specified in the last
sentence of section 8316(b); and
``(B) provisions under which the Office may provide for--
``(i) the payment, to the spouse or children of any
individual referred to in the first sentence of
paragraph (1), of any amounts which (but for this
clause) would otherwise have been nonpayable by reason
of such first sentence, but only to the extent that the
application of this clause is considered necessary
given the totality of the circumstances; and
``(ii) an appropriate adjustment in the amount of
any lump-sum payment under the second sentence of
paragraph (1) to reflect the application of clause (i).
``(5) For purposes of this subsection--
``(A) the term `Member' has the meaning given such term by
section 2106, notwithstanding section 8331(2); and
``(B) the term `child' has the meaning given such term by
section 8341.''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(l)(1) Notwithstanding any other provision of this chapter, the
service of an individual finally convicted of an offense described in
paragraph (2) shall not be taken into account for purposes of this
chapter, except that this sentence applies only to service rendered as
a Member (irrespective of when rendered). Any such individual (or other
person determined under section 8424(d), if applicable) shall be
entitled to be paid so much of such individual's lump-sum credit as is
attributable to service to which the preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) Every act or omission of the individual (referred to
in paragraph (1)) that is needed to satisfy the elements of the
offense occurs while the individual is a Member.
``(B) Every act or omission of the individual that is
needed to satisfy the elements of the offense directly relates
to the performance of the individual's official duties as a
Member.
``(C) The offense is committed after the date of enactment
of this subsection.
``(3) An individual finally convicted of an offense described in
paragraph (2) shall not, after the date of the conviction, be eligible
to participate in the retirement system under this chapter while
serving as a Member.
``(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such regulations
shall include--
``(A) provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be
limited in a manner similar to that specified in the last
sentence of section 8316(b); and
``(B) provisions under which the Office may provide for--
``(i) the payment, to the spouse or children of any
individual referred to in the first sentence of
paragraph (1), of any amounts which (but for this
clause) would otherwise have been nonpayable by reason
of such first sentence, but only to the extent that the
application of this clause is considered necessary
given the totality of the circumstances; and
``(ii) an appropriate adjustment in the amount of
any lump-sum payment under the second sentence of
paragraph (1) to reflect the application of clause (i).
``(5) For purposes of this subsection--
``(A) the term `Member' has the meaning given such term by
section 2106, notwithstanding section 8401(20); and
``(B) the term `child' has the meaning given such term by
section 8341.''. | Congressional Pension Forfeiture Act of 2006 - Requires the Office of Personnel and Management (OPM) to prescribe regulations that prohibit eligibility in the governmental retirement system for a Member convicted of certain felony offenses in which: (1) every act or omission of such individual that is needed to satisfy the elements of the offense occurs while the individual is a Member; (2) such act or omission relates to the performance of the individual's official duties as a Member; and (3) the offense is committed after the enactment of this Act. Requires refund of annuity contributions and deposits, excluding interest earned, to a convicted individual.
Defines Member as the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to deny retirement benefits to any Member of Congress convicted of a criminal offense involving abuse of the public trust."} | 1,406 | 192 | 0.530801 | 1.62176 | 0.700456 | 3.232258 | 8.83871 | 0.819355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Partnership for Nursing
Education Act of 2007''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) The nursing shortage has a detrimental impact on the
quality of care patients receive in health care settings and
plays a role in driving up health care costs.
(2) States that have developed strategies involving
partnerships with educational institutions and have allocated
funds toward implementing their strategies are well suited to
make effective use of matching Federal funds to better address
and reduce this nursing shortage
(b) Purpose.--The purpose of this Act is to support State and
private efforts to address lack of capacity in college and university
nursing programs, the critical driving force behind the serious nursing
shortage in many States with fast growing populations.
SEC. 3. GRANTS TO INCREASE THE NUMBER OF QUALIFIED NURSING FACULTY.
Part D of title VIII of the Public Health Service Act (42 U.S.C.
296p) is amended by adding at the end the following:
``SEC. 832. GRANTS TO INCREASE THE NUMBER OF QUALIFIED NURSING FACULTY.
``(a) Grants.--The Secretary of Health and Human Services shall
make grants to qualified States (or agencies or other governmental
units thereof) to increase the number of qualified nursing faculty in
college and university nursing programs in the State.
``(b) Use of Funds.--
``(1) In general.--As a condition on the receipt of a grant
under this section, a qualifying State shall agree to implement
or continue implementing a program for the purpose of
increasing the number of qualified nursing faculty in college
and university nursing programs in the State. Such program--
``(A) shall be implemented in cooperation with one
or more colleges or universities in the State; and
``(B) shall include payment of nursing faculty
salaries, benefits, training costs, operational costs,
and any other costs related to such purpose.
``(2) Restrictions.--As a condition on the receipt of a
grant under this section, a qualifying State shall agree--
``(A) to use the grant only to pay costs described
in paragraph (1)(B) that are associated with the number
of qualified nursing faculty in college and university
nursing programs in the State that is in addition to
such number in academic year 2006-2007; and
``(B) to refrain from using any funds made
available through the grant for capital expenses.
``(c) Amount of Grant.--
``(1) Federal funds.--Subject to the availability of
appropriations, the minimum amount of a grant to a qualifying
State under this section for a fiscal year shall be $2,000,000.
``(2) State funds.--As a condition on the receipt of a
grant under this section, a qualifying State shall agree--
``(A) to use the grant to supplement and not
supplant the amount of funds made available by the
State for academic year 2006-2007 for maintaining the
number of qualified nursing faculty in college and
university nursing programs in the State; and
``(B) in addition to such funds, to make available
not less than $2,000,000 for each of fiscal years 2008
through 2012 for the purpose of increasing the number
of qualified nursing faculty in college and university
nursing programs in the State.
``(d) Colleges and Universities.--The Secretary shall allow a
qualifying State receiving a grant under this section to determine
which college and university nursing programs in the State are eligible
for funding through such grant.
``(e) Reports to Congress.--Not later than the end of each of
fiscal years 2008 through 2012, the Secretary shall submit to the
Congress a report on the grants awarded under this section. Each such
report shall identify the overall number of grants awarded under this
section, which States (or agencies or other governmental units thereof)
received the grants, the number of new nursing faculty who were added,
and the number of new nurses who are projected to graduate as a result
of the grant in each State involved.
``(f) Definitions.--In this section:
``(1) The term `qualifying State' means a State that--
``(A) is experiencing explosive population growth,
with total population projected to increase by more
than 50 percent between 1990 and 2025 based on data of
the Bureau of the Census;
``(B) has a substantial projected shortage of
nurses, such that the State is expected to have fewer
than 555 nurses per 100,000 population in 2020, based
on data of the Bureau of Health Professions of the
Health Resources and Services Administration; and
``(C) is implementing or continuing to implement a
program for the purpose of increasing the number of
qualified nursing faculty in college and university
nursing programs in the State.
``(2) The term `Secretary' means the Secretary of Health
and Human Services.
``(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $20,000,000 for each of fiscal
years 2008 through 2012.''. | America's Partnership for Nursing Education Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make grants to states that are experiencing explosive population growth and have a substantial projected shortage of nurses to increase the number of qualified nursing faculty in college and university nursing programs in the state. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to authorize grants to increase the number of qualified nursing faculty, and for other purposes."} | 1,129 | 68 | 0.589358 | 1.369237 | 0.700866 | 5.064516 | 17.064516 | 0.967742 |
SECTION 1. FINDINGS.
The Congress finds that--
(a) the State of Alaska received management authority and
responsibility for fish and game resources in the State at the
time of statehood;
(b) the Alaska constitution requires equal access for all
citizens of the state to these fish and game resources;
(c) the State of Alaska developed statutes to implement a
rural subsistence priority;
(d) in 1980 Congress passed the Alaska National Interest
Lands Conservation Act providing that the ``taking on public
lands of fish and wildlife for nonwasteful subsistence uses
shall be accorded priority over the taking on such lands of
fish and wildlife for other purposes'';
(e) in 1989 the Alaska Supreme Court ruled in McDowell v.
Alaska that the rural preference contained in the State's
subsistence statute violated the equal access provision of the
Alaska Constitution putting the State's subsistence program out
of compliance with title VIII of ANILCA resulting in the
Secretaries of Agriculture and the Interior assuming
subsistence management on the public lands in Alaska;
(f) the Governor and the Lieutenant Governor of Alaska are
to be complimented on their several attempts to resolve the
issue and return management responsibilities of fish and game
back to the State; however, these efforts have not been
successful;
(g) there continues to remain an impasse that is creating a
divisive atmosphere in Alaska among sport hunters, sport
fishermen, commercial fishermen, Alaska Natives, as well as
urban and rural residents; and
(h) the Congress hereby declares that it is timely and
essential to conduct a review of Federal and State policies and
programs affecting subsistence in order to identify specific
actions that may be taken by the United States and the State of
Alaska to help assure that a fair subsistence priority is
provided to the citizens of Alaska and that management
authority over fish and game resources is maintained by the
State of Alaska.
SEC. 2. APPOINTMENT OF SPECIAL MASTER.
(a)(1) The President shall hereby appoint a Special Master to
mediate the issues involved in this impasse, and
(2) In making the appointment of the Special Master, the President
shall give careful consideration to recommendations submitted by the
Governor of the State of Alaska and the president of the Alaska State
Senate, and the Speaker of the Alaska State House.
(b)(1) The principal office of the Special Master shall be in the
State of Alaska.
(2) The Special Master shall--
(A) review existing State and Federal laws regarding
subsistence use in Alaska; and
(B) after consultation with all interested parties,
including, but not limited to, Alaska natives, sport and
commercial fishing interests, sport hunting groups, recreation
groups, the Governor of Alaska, the Alaska legislature, the
Secretaries of Agriculture and the Interior, and the members of
the Alaska Congressional delegation, recommend specific actions
to the Congress and to the State of Alaska including state
statutory amendments, changes in existing management
structures, constitutional amendments, and changes to title
VIII of ANILCA, that--
(i) assure the State of Alaska recovers and retains
management authority and responsibility for fish and
game on all lands in Alaska; and
(ii) provide for the continuation of the
opportunity for subsistence uses by residents of
Alaska, including both Natives and non-natives, on the
public lands and by Alaska Natives on Native lands
which is essential for Native physical, economic,
traditional, and cultural existence and to non-native
physical, economic, traditional, and social existence.
(c) Submit, by no later than the date that is six months after
appointment, a report on the recommendations developed under paragraph
(2), to the Secretary, the Congress, the Governor of the State of
Alaska, and the legislature of the State of Alaska, and make such
report available to the public.
(d) The Special Master shall have the power to procure, as
authorized by section 3109 of title 5, United States Code, temporary
and intermittent services to the same extent as is authorized by law
for agencies in the executive branch, but at rates not to exceed the
daily equivalent of the maximum annual rate of basic pay in effect for
grade GS-18 of such General Schedule.
(e) Service as a Special Master shall not be considered as service
or employment bringing such individual within the provisions of any
Federal law relating to conflicts of interest or otherwise imposing
restrictions, requirements, or penalties in relation to the employment
of persons, the performance of services, or the payment or receipt of
compensation in connection with claims, proceedings, or matters
involving the United States. Service as a Special Master, shall not be
considered service in an appointive or elective position in the
Government for purposes of section 8344 of title 5, United States Code,
or comparable provisions of Federal law.
(f)(1) The Special Master is authorized to--
(A) hold such hearings and sit and act at such times,
(B) take such testimony,
(C) have such printing and binding done,
(D) enter into such contracts and other arrangements,
(E) make such expenditures, and
(F) take such other actions, as the Special Master may deem
advisable.
(2) The Special Master is authorized to establish task forces which
include individuals appointed for the purpose of gathering information
on specific subjects identified by the Special Master as requiring the
knowledge and expertise of such individuals. No compensation may be
paid to members of a task force solely for their service on the task
force, but the Special Master may authorize the reimbursement of
members of a task force for travel and per diem in lieu of subsistence
expenses during the performance of duties while away from the home, or
regular place of business, of the member, in accordance with subchapter
I of chapter 57 of title 5, United States Code. The Special Master
shall not authorize the appointment of personnel to act as staff for
the task force.
(3) The Special Master is authorized to accept gifts of services,
or funds and to expend funds derived from sources other than the
Federal Government, including the State of Alaska, private nonprofit
organizations, corporations, or foundations which are determined
appropriate and necessary to carry out the provisions of this section.
(4) The Special Master is authorized to secure directly from any
officer, department, agency, establishment, or instrumentality of the
Federal Government such information as the Special Master may require
for the purpose of this section, and each such officer, department,
agency, establishment, or instrumentality is authorized and directed to
furnish, to the extent permitted by law, such information, suggestions,
estimates, and statistics directly to the Special Master, upon request.
(g) The provisions of the Federal Advisory Committee Act shall not
apply to the Special Master established under this section.
(h) Upon the request of the Special Master, the head of any Federal
department, agency, or instrumentality is authorized to make any of the
facilities and services of such department, agency, or instrumentality
available to the Special Master and detail any of the personnel of such
department, agency, or instrumentality to the commission, on a
nonreimbursable basis, to assist the Special Master in carrying out its
duties under this section.
(i) The Special Master may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
(j) The Special Master shall cease to exist on the date that is one
hundred and eighty days after the date on which the Special Master
submits the report required under subsection (c)(5). All records,
documents, and materials of the Special Master shall be transferred to
the National Archives and Records Administration on the date on which
the Special Master ceases to exist.
(k) There is authorized to be appropriated to the Special Master
$250,000 to provide for the salaries and expenses to carry out the
provisions of this section. Such sum shall remain available, without
fiscal year limitation, until expended. | Requires the President: (1) to appoint a Special Master to mediate the issues involved in the impasse regarding fish and game management responsibilities in Alaska ; and (2) in making such appointment, to give careful consideration to recommendations submitted by the Governor of Alaska, the President of the Alaska State Senate, and the Speaker of the Alaska State House.
Requires the principal office of the Special Master to be in Alaska.
Directs the Special Master to: (1) review existing State and Federal laws regarding subsistence use of fish and game resources in Alaska; (2) recommend specific actions to the Congress and to Alaska that assure that Alaska recovers and retains management authority and responsibility for fish and game on all of its lands, that provide for the continuation of the opportunity for subsistence uses by Alaska residents, including both Natives and non-natives, on the public lands and by Alaska Natives on Native lands which is essential for Native physical, economic, traditional, and cultural existence, and to non- native physical, economic, traditional, and social existence; and (3) report to the Secretary, the Congress, the Governor, and the Alaskan legislature. Makes the report available to the public.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to provide for the appointment of a Special Master to meet with interested parties in Alaska and make recommendations to the Governor of Alaska, The Alaska State Legislature, The Secretary of Agriculture, The Secretary of the Interior, and the United States Congress on how to return management of fish and game resources to the State of Alaska and provide for subsistence uses by Alaskans, and for other purposes."} | 1,661 | 259 | 0.677325 | 2.078279 | 0.909509 | 5.0625 | 6.920833 | 0.954167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Imprisoned Americans
Overseas Act of 2012'' or the ``Jacob's Law of 2012''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The President is required under section 2001 of the
Revised Statutes of the United States (22 U.S.C. 1732) to
demand the release of any citizen who has been unjustly
deprived of his liberty by or under the authority of any
foreign government, and to undertake appropriate means to
obtain the release of such citizen.
(2) In a statement submitted to the Committee on the
Judiciary of the Senate on July 27, 2011, Secretary of State
Hillary Clinton stated that ``[t]he State Department has no
greater responsibility than the protection of U.S. citizens
overseas--particularly when Americans find themselves in the
custody of a foreign government, facing an unfamiliar, and at
times unfair, legal system.''.
(3) Some United States citizens imprisoned in foreign
countries have been and continue to be denied fundamental due
process and human rights under both local and international law
by foreign government officials.
(4) Mr. Jacob Ostreicher, who has been detained in the
notorious Palmasola prison in Santa Cruz de la Sierra, Bolivia,
since June 4, 2011, is one of the United States citizens who
currently is enduring multiple, egregious, and continuous
violations of his fundamental due process and human rights
under both local and international law.
(b) Sense of Congress.--It is the sense of Congress that foreign
government officials responsible for violations of fundamental due
process and human rights of imprisoned United States citizens, as well
as their immediate family members, should not have the privilege of
traveling to the United States while United States citizens unjustly
languish in their prisons.
SEC. 3. DENIAL OF ENTRY INTO THE UNITED STATES OF CERTAIN FOREIGN
GOVERNMENT OFFICIALS.
(a) Denial of Entry.--Notwithstanding any other provision of law,
the Secretary of State may not issue any visa to, and the Secretary of
Homeland Security shall deny entry to the United States of, any foreign
government official identified pursuant to subsection (c)(1)(C) or any
immediate family members of such official.
(b) Permanent Ban.--Notwithstanding any other provision of law, if
any United States citizen identified pursuant to subparagraph (c)(1)(A)
dies from any cause while in the custody of a foreign government, the
government officials identified pursuant to subparagraph (c)(1)(C) in
relation to such citizen and the immediate family members of such
officials may not be issued any visa by the Secretary of State, and may
not be admitted by the Secretary of Homeland Security, to the United
States at any time on or after the date of the death of such citizen.
(c) Designation of Inadmissible Foreign Officials.--
(1) Report to congress.--Not later than 30 days after the
date of the enactment of this Act and every 180 days thereafter
for five years, the Secretary of State shall submit to the
appropriate congressional committees a report that contains the
following:
(A) An identification of United States citizens
imprisoned in foreign countries whose fundamental due
process and human rights pursuant to international
standards are being violated.
(B) An identification of the fundamental due
process and human rights violations that are being
committed against the citizens identified in
subparagraph (A).
(C) An identification of the government officials
who, based on a reasonable possibility, are responsible
for the violations of, or are failing to fulfill their
official responsibility to protect, the rights
identified in subparagraph (B) of any citizen
identified in subparagraph (A).
(2) Additional reporting requirement.--In the case of each
semi-annual report required under paragraph (1), the Secretary
of State shall include a list of the names and titles of those
government officials identified in subparagraph (1)(C) and the
names and relationships of the immediate family members of such
officials who were denied a visa or entry to the United States
pursuant to subsection (a) or (b) during the immediately
preceding 180-day period.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs and the Committee on the Judiciary of the House
of Representatives, and the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate.
(2) Immediate family members.--The term ``immediate family
members'' means a spouse, daughter or son regardless of age,
parent, brother, sister, and fiance or fiancee. | Justice for Imprisoned Americans Overseas Act of 2012 or Jacob's Law of 2012 - Directs the Secretary of State to submit a semiannnual report to Congress for five years that identifies: (1) U.S. citizens imprisoned in foreign countries whose fundamental due process and human rights are being violated, (2) the due process and human rights violations that are being committed against such U.S. citizens, and (3) the government officials who are responsible for such violations or who are not fulfilling their official responsibility to protect such rights.
Prohibits the Secretary of State from issuing any visa to, and the Secretary of Homeland Security (DHS) from permitting entry to the United States of, any such identified official and his or her immediate family members. Makes such ban permanent if an identified U.S. citizen dies while in foreign custody. | {"src": "billsum_train", "title": "To deny entry into the United States of officials of any foreign government, including their immediate family members, who commit or who fail to rectify fundamental due process and human rights violations of imprisoned United States citizens, and for other purposes."} | 1,060 | 188 | 0.579335 | 1.709596 | 0.72763 | 3.109677 | 6.141935 | 0.929032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Justice Act of 1992''.
SEC. 2. PURPOSES AND POLICIES.
The purposes of this Act are--
(1) to require the collection of data on environmental
health effects so that impacts on different individuals or
groups can be understood;
(2) to identify those areas which are subject to the
highest loadings of toxic chemicals, through all media;
(3) to assess the health effects that may be caused by
emissions in those areas of highest impact;
(4) to ensure that groups or individuals residing within
those areas of highest impact have the opportunity and the
resources to participate in the technical process which will
determine the possible existence of adverse health impacts;
(5) to require that actions be taken by authorized Federal
agencies to curtail those activities found to be having
significant adverse impacts on human health in those areas of
highest impact; and
(6) to ensure that significant adverse health impacts that
may be associated with environmental pollution in the United
States are not distributed inequitably.
TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS
SEC. 101. DEFINITIONS.
For the purposes of this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Environmental Protection
Agency.
(2) Environmental high impact areas.--The terms
``Environmental High Impact Areas'' and ``EHIA'' mean the 100
counties or appropriate geographic units with the highest total
weight of toxic chemicals present during the course of the most
recent 5-year period for which data is available, as calculated
pursuant to section 102.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the United States Department of Health and Human Services.
(4) Toxic chemicals.--The term ``toxic chemicals'' includes
all substances as defined in section 101(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; any hazardous waste listed or identified
pursuant to the Solid Waste Disposal Act; any pollutant for
which air quality standards have been issued pursuant to the
Clean Air Act; any pollutant for which water quality standards
have been issued pursuant to the Clean Water Act; all materials
registered pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act; and all substances and chemicals subject to
reporting obligations pursuant to the Emergency Planning and
Community Right-to-Know Act.
(5) Toxic chemical facilities.--The term ``toxic chemical
facilities'' includes all facilities including Federal
facilities subject to a permit, inspection or review, or
registration requirement pursuant to the authority of the Solid
Waste Disposal Act; the Clean Air Act; the Clean Water Act; the
Federal Insecticide, Fungicide and Rodenticide Act; and the
OSHA Hazard Communication Standard; as well as any facility
subject to reporting obligations pursuant to the Emergency
Planning and Community Right-to-Know Act.
SEC. 102. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS.
(a) Determination of Impacted Areas.--Within 6 months after the
date of enactment, the Administrator of the Agency for Toxic Substances
and Disease Registry, in consultation with the Environmental Protection
Agency, the National Institute for Environmental Health Sciences, the
National Center for Health Statistics and the Bureau of the Census,
shall determine the basis for designation of Environmental High Impact
Areas, either counties or another appropriate geographic unit.
(b) Publication of List.--Within 12 months of enactment, the
Administrator shall publish a list, in rank order, of the total weight
of toxic chemicals present in each county or such appropriate
geographic unit in the United States during the most recent five-year
period for which data are available. The 100 counties or other
appropriate geographic unit with the highest total weight shall be
designated as Environmental High Impact Areas.
(c) Compilation of List.--In compiling the list under subsection
(a), the Administrator shall--
(1) calculate with the best data available the total weight
of toxic chemicals present in each county by multiplying the
total volume of substances containing toxic chemicals (whether
waste, process or other material) by the concentration of toxic
chemicals contained in these substances;
(2) adjust the weights calculated under paragraph (1) to
account for the relative toxicity of the toxic chemicals;
(3) determine, with the best available data, the actual and
potential exposures, and toxicity of the toxic chemicals
present in each impacted area;
(4) consider and utilize all appropriate data compiled
pursuant to any environmental regulatory authority and other
sources, including but not limited to available data on lead-
based paint and the existence of pollutants from mobile
sources; and
(5) distinguish between toxic chemicals which are (A) in a
contained, controlled environment such as barrels, factories,
warehouses, or lined landfills for any period of time during
the 5-year period; and (B) released into the air, water, soil
or groundwater of the area during the 5-year period as a result
of authorized or unauthorized activities.
(d) Methods.--Within 6 months after the enactment of this Act, the
Administrator in consultation with the Agency for Toxic Substances and
Disease Registry shall publish for public comment the methods to be
used to calculate the total weight of toxic chemicals in waste,
process, or other materials, including the assumptions to be used when
the precise concentrations of toxic chemicals are not known and the
criteria used to account for relative toxicity, as required by
subsection (b)(2).
(e) Revision and Republication.--The Administrator shall revise and
republish the list described in subsection (a) of this section not less
than every 5 years, using data compiled for that 5-year period.
TITLE II--ENFORCEMENT INITIATIVES
SEC. 201. MANDATORY INSPECTIONS.
To assure that facilities with the highest potential for release of
toxic chemicals into the environment are operating in compliance with
all applicable environmental, health and safety standards, the
Administrator, and the Assistant Secretary of the Occupational Safety
and Health Administration shall conduct compliance inspections or
reviews of all toxic chemical facilities in Environmental High Impact
Areas subject to their respective jurisdictions within 2 years after
the enactment of this Act, and not less than every 2 years thereafter.
TITLE III--COMMUNITY PARTICIPATION
SEC. 301. TECHNICAL ASSISTANCE GRANTS.
Subject to such amounts as may be appropriated and in accordance
with rules promulgated by the Secretary in consultation with the
Administrator, the Secretary may make grants available to any
individual or group of individuals who may be affected by a release or
threatened release from any toxic chemical facility in an EHIA. Such
grants shall--
(1) be designed to facilitate access by representatives of
EHIAs to the public participation provisions of this Act and
other law;
(2) be used to obtain technical assistance relating to the
inspection and review authorities listed in section 201 of this
Act and the Secretarial study described in section 401 of this
Act; and
(3) not exceed $50,000 for a single grant recipient.
Each grant recipient shall be required, as a condition of the grant, to
contribute 20 percent of the total cost of the grant requested unless
the grant recipient demonstrates financial need. Not more than one
grant may be made with respect to each EHIA, but the grant may be
renewed to facilitate public participation where necessary.
SEC. 302. FUNDING.
Within one year after the enactment of this Act, the Administrator
shall promulgate regulations establishing a system of fees or
assessments on toxic chemical facilities in EHIAs to substitute for
appropriations as the funding mechanism for the community grant program
established in section 301. The fees or assessments shall take into
account the volume adjustments provided in section 102(c).
TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS
SEC. 401. SECRETARIAL STUDY.
Within 24 months after the enactment of this Act, the Secretary, in
consultation with the Administrator, the Secretary of the Department of
Labor, the Bureau of Indian Affairs, and the Commissioners of the
United States Commission on Civil Rights, shall issue for public
comment a report identifying the nature and extent, if any, of acute
and chronic impacts on human health in EHIAs as compared to other
counties. Such impacts shall include but not be limited to cancer,
birth deformities, infant mortality rates, and respiratory diseases.
The report shall be coordinated by the Administrator of the Agency for
Toxic Substances Disease Registry, who shall work closely with the
Directors of the National Institute for Environmental Health Sciences,
the National Center for Health Statistics, and the Center for Disease
Control, and shall seek to--
(1) isolate the impacts of environmental pollution;
(2) segregate the effects of other factors such as health
care availability or substance abuse or diet;
(3) rank the relative risks posed by the toxic chemicals
present in EHIAs and by the varied sources of toxic chemicals,
both individually and cumulatively;
(4) take into account the need to remedy the impacts of
pollution in high population density areas;
(5) evaluate the levels below which release of toxic
chemicals, either individually or cumulatively, must be reduced
to avoid adverse impacts on human health; and
(6) determine the impacts of uncontrolled releases.
As a result of the report in communities where the Administrator of the
Agency for Toxic Substances Disease Registry has determined that
adverse health impacts exist, the agency shall also make this
information readily available to members of the community by providing
information directly to the affected communities and tribal governments
in the Environmental High Impact Areas about the release of toxic
chemicals and the potential effects of such exposure.
SEC. 402. LEGISLATIVE RESPONSE.
(a) Report.--If the report under section 401 identifies significant
adverse impacts of environmental pollution on human health in EHIAs as
a group, the President shall submit to Congress within one year after
publication of the report, proposed legislation to remedy and prevent
such impacts. Such legislation shall include--
(1) expansion of EPCRA to include additional facilities,
additional chemicals, or reduced quantities of chemicals
triggering reporting obligations;
(2) means to redress regulatory loopholes (such as
recycling and industrial wastes exempt from regulation under
subtitle C of the Solid Waste Disposal Act and wastes subject
to lessened regulatory requirements); and
(3) measures such as taxes on uncontrolled or controlled
emissions, or restrictions on toxic chemical releasing
activities within an EHIA to induce source reduction in EHIAs,
regardless of whether facilities are in compliance with
existing law.
(b) Report on Changes and Recommendations.--Within 2 years after
publication of the report, the Administrator shall provide a report to
the Congress which identifies all of the changes made or recommended to
be made to the Environmental Protection Agency's existing regulations,
the purpose for each change and the goals to be achieved as a result of
the substantive changes. The Administrator shall also advise Congress
of the regulatory changes that were not made because of the presence of
conflicting statutory mandates or the lack of statutory authority.
(c) Proposed Legislation.--Within 3 years after publication of the
health impact study, the President shall submit to Congress proposed
legislation to remedy the problems of conflicting statutory mandates or
the lack of statutory authority identified in the report to Congress
pursuant to subsection (b).
SEC. 403. MORATORIUM.
If the report under section 401 finds significant adverse impacts
of environmental pollution on human health in EHIAs, there shall be a
moratorium on the siting or permitting of any new toxic chemical
facility in any EHIA shown to emit toxic chemicals in quantities found
to cause significant adverse impacts on human health. A new toxic
chemical facility may be cited or permitted in such an EHIA during this
period only if--
(1) the need for the activity is shown to the Secretary;
(2) the owner or operator of the facility demonstrates that
the facility will develop a plan and maintain a comprehensive
pollution prevention program; and
(3) the facility demonstrates that it will minimize
uncontrolled releases into the environment.
The moratorium shall continue in effect in such an EHIA until the
Administrator determines, upon petition of any interested party, that
the health-based levels identified pursuant to section 401(5) have been
attained at the EHIA. | TABLE OF CONTENTS:
Title I: Identification of Environmental High Impact Areas
Title II: Enforcement Initiatives
Title III: Community Participation
Title IV: Identification and Prevention of Health Impacts
Environmental Justice Act of 1992 -
Title I: Identification of Environmental High Impact Areas
- Directs the Administrator of the Environmental Protection Agency to publish a list, in rank order, of the total weight of toxic chemicals present in each county or other geographic unit in the most recent five-year period for which data are available. Designates the 100 counties with the highest total weight as Environmental High Impact Areas.
Title II: Enforcement Initiatives
- Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in such Areas at least every two years.
Title III: Community Participation
- Authorizes the Secretary of Health and Human Services to make a grant to individuals who may be affected by a release from any toxic chemical facility in such an Area to: (1) facilitate access to the public participation provisions of this and other Acts; and (2) obtain technical assistance relating to inspections, reviews, and studies.
Directs the Administrator to impose user fees or assessments on toxic chemical facilities in such Areas to substitute for appropriations as the funding mechanism for the grant program.
Title IV: Identification and Prevention of Health Impacts
- Requires the Secretary to issue a report identifying the extent of acute and chronic health impacts in such Areas as compared to other counties.
Requires the President, if the report identifies significant adverse impacts, to report proposed legislation to the Congress to remedy and prevent such impacts. Includes within such legislation: (1) expansion of the Emergency Planning and Community Right-To-Know Act of 1986 to include additional facilities or chemicals or reduced quantities of chemicals triggering reporting obligations; (2) a means to redress regulatory loopholes (such as wastes exempt from or subject to lessened regulatory requirements); and (3) taxes on emissions or restrictions on releases within such Areas to induce source reduction.
Establishes a moratorium, with exceptions, on the siting or permitting of any toxic chemical facility in such Areas that may emit toxic chemicals in quantities that cause adverse health impacts if the report identifies adverse health impacts of environmental pollution. Continues the moratorium until certain health-based levels have been attained. | {"src": "billsum_train", "title": "Environmental Justice Act of 1992"} | 2,682 | 508 | 0.64693 | 2.067654 | 0.729754 | 3.723044 | 5.287526 | 0.915433 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sensible Estate Tax Relief Act of
2012''.
SEC. 2. ESTATE, GIFT, AND GENERATION-SKIPPING TRANSFER TAX RELIEF.
(a) Temporary Extension.--Section 901(a)(2) of the Economic Growth
and Tax Relief Reconciliation Act of 2001 is amended by striking
``December 31, 2012'' and inserting ``December 31, 2013''.
(b) Modifications to Estate Tax.--
(1) Exclusion amount.--Paragraph (3) of section 2010(c) of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(3) Basic exclusion amount.--For purposes of this
section, the basic exclusion amount is $3,500,000.''.
(2) Maximum estate tax rate.--The table in subsection (c)
of section 2001 of such Code is amended by striking ``Over
$500,000'' and all that follows and inserting the following:
Over $500,000 but not over
$750,000.
$155,800, plus 37 percent of
the excess of such
amount over $500,000.
Over $750,000 but not over
$1,000,000.
$248,300, plus 39 percent of
the excess of such
amount over $750,000.
Over $1,000,000 but not over
$1,250,000.
$345,800, plus 41 percent of
the excess of such
amount over $1,000,000.
Over $1,250,000 but not over
$1,500,000.
$448,300, plus 43 percent of
the excess of such
amount over $1,250,000.
Over $1,500,000................
$555,800, plus 45 percent of
the excess of such
amount over
$1,500,000.''.
(c) Modifications of Estate and Gift Taxes To Reflect Differences
in Credit Resulting From Different Tax Rates and Exclusion Amounts.--
(1) Changing tax rates.--Notwithstanding section 304 of the
Tax Relief, Unemployment Insurance Reauthorization, and Job
Creation Act of 2010, section 901 of the Economic Growth and
Tax Relief Reconciliation Act of 2001 shall not apply to the
amendments made by section 302(d) of the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of
2010.
(2) Decreasing exclusions.--
(A) Estate tax adjustment.--Section 2001 of the
Internal Revenue Code of 1986 is amended by adding at
the end the following new subsection:
``(h) Adjustment To Reflect Changes in Exclusion Amount.--
``(1) In general.--If, with respect to any gift to which
subsection (b)(2) applies, the applicable exclusion amount in
effect at the time of the decedent's death is less than such
amount in effect at the time such gift is made by the decedent,
the amount of tax computed under subsection (b) shall be
reduced by the amount of tax which would have been payable
under chapter 12 at the time of the gift if the applicable
exclusion amount in effect at such time had been the applicable
exclusion amount in effect at the time of the decedent's death
and the modifications described in subsection (g) had been
applicable at the time of such gifts.
``(2) Limitation.--The aggregate amount of gifts made in
any calendar year to which the reduction under paragraph (1)
applies shall not exceed the excess of--
``(A) the applicable exclusion amount in effect for
such calendar year, over
``(B) the applicable exclusion amount in effect at
the time of the decedent's death.
``(3) Applicable exclusion amount.--The term `applicable
exclusion amount' means, with respect to any period, the amount
determined under section 2010(c) for such period, except that
in the case of any period for which such amount includes the
deceased spousal unused exclusion amount (as defined in section
2010(c)(4)), such term shall mean the basic exclusion amount
(as defined under section 2010(c)(3), as in effect for such
period).''.
(B) Gift tax adjustment.--Section 2502 of such Code
is amended by adding at the end the following new
subsection:
``(d) Adjustment To Reflect Changes in Exclusion Amount.--
``(1) In general.--If the taxpayer made a taxable gift in
an applicable preceding calendar period, the amount of tax
computed under subsection (a) shall be reduced by the amount of
tax which would have been payable under chapter 12 for such
applicable preceding calendar period if the applicable
exclusion amount in effect for such preceding calendar period
had been the applicable exclusion amount in effect for the
calendar year for which the tax is being computed and the
modifications described in subsection (g) had been applicable
for such preceding calendar period.
``(2) Limitation.--The aggregate amount of gifts made in
any applicable preceding calendar period to which the reduction
under paragraph (1) applies shall not exceed the excess of--
``(A) the applicable exclusion amount for such
preceding calendar period, over
``(B) the applicable exclusion amount for the
calendar year for which the tax is being computed.
``(3) Applicable preceding calendar year period.--The term
`applicable preceding calendar year period' means any preceding
calendar year period in which the applicable exclusion amount
exceeded the applicable exclusion amount for the calendar year
for which the tax is being computed.
``(4) Applicable exclusion amount.--The term `applicable
exclusion amount' means, with respect to any period, the amount
determined under section 2010(c) for such period, except that
in the case of any period for which such amount includes the
deceased spousal unused exclusion amount (as defined in section
2010(c)(4)), such term shall mean the basic exclusion amount
(as defined under section 2010(c)(3), as in effect for such
period).''.
(d) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
estates of decedents dying, and generation-skipping transfers
and gifts made, after December 31, 2012.
(2) Extension.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Economic
Growth and Tax Relief Reconciliation Act of 2001.
(e) Application of EGTRRA Sunset.--Section 901 of the Economic
Growth and Tax Relief Reconciliation Act shall apply to the amendments
made by subsection (b).
SEC. 3. TREATMENT FOR PAYGO PURPOSES.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010. | Sensible Estate Tax Relief Act of 2012 - Extends through 2013 provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 pertaining to estates, gifts, and generation-skipping transfers.
Amends the Internal Revenue Code to: (1) allow a basic estate tax exclusion amount of $3.5 million, and (2) establish a maximum 45% estate tax rate.
Exempts the budgetary effects of this Act from the Statutory Pay-As-You-Go Act of 2010. | {"src": "billsum_train", "title": "To provide estate, gift, and generation-skipping transfer tax relief."} | 1,480 | 108 | 0.485658 | 1.264277 | 0.974224 | 3.967742 | 14.268817 | 0.870968 |
SECTION 1. PAYMENT OF COMPENSATION TO MEMBERS OF THE ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE UNITED STATES CAPTURED BY JAPAN
AND USED AS SLAVE LABOR DURING WORLD WAR II.
(a) Findings.--Congress makes the following findings:
(1) During World War II, members of the United States Armed
Forces fought valiantly against Japanese military forces in the
Pacific. In particular, from December 1941 until May 1942,
United States military personnel fought courageously against
overwhelming Japanese military forces on Wake Island, Guam, the
Philippine Islands, including the Bataan Peninsula and
Corregidor, and the Dutch East Indies, thereby preventing Japan
from accomplishing strategic objectives necessary for achieving
a decisive military victory in the Pacific during World War II.
(2) During initial military actions in the Philippines,
United States troops were ordered to surrender on April 9,
1942, and were forced to march 65 miles to prison camps at Camp
O'Donnell, Cabanatuan, and Bilibid. More than 10,000 Americans
died during the march, known as the ``Bataan Death March'', and
during subsequent imprisonment as a result of starvation,
disease, and executions.
(3) Beginning in January 1942, the Japanese military began
transporting United States prisoners of war to Japan, Taiwan,
Manchuria, and Korea to perform slave labor to support Japanese
industries. Many of the unmarked merchant vessels in which the
prisoners were transported, called ``Hell Ships'', were
attacked by American naval and air forces, which, according to
some estimates, resulted in more than 3,600 American
fatalities.
(4) Following the conclusion of World War II, the United
States Government agreed to pay compensation to United States
ex-prisoners of war amounting to $2.50 per day of imprisonment.
This compensation was to be paid from Japanese assets frozen by
the United States Government. However, the compensation could
never fully compensate those ex-prisoners of war for the
sacrifice they endured. Neither the Government of Japan nor any
Japanese corporation admits any liability requiring payment or
compensation.
(5) Other Allied nations, including Canada, the United
Kingdom, and the Netherlands, have authorized payment of
gratuities to their surviving veterans who were captured by the
Japanese during World War II and required to perform slave
labor.
(b) Purpose.--The purpose of this section is to recognize, by the
provision of compensation, the heroic contributions of the members of
the Armed Forces and civilian employees of the United States who were
captured by the Japanese military during World War II and denied their
basic human rights by being made to perform slave labor by Japanese
corporations during World War II.
(c) Payment of Compensation Required.--
(1) In general.--The Secretary of Defense shall pay
compensation to each living selected veteran or civilian
internee, or the surviving spouse of a selected veteran or
civilian internee, in the amount of $20,000.
(2) Rebuttable presumption.--An application for
compensation submitted under this section by or with respect to
an individual seeking treatment as a selected veteran or
civilian internee under this section is subject to a rebuttable
presumption that such individual is a selected veteran or
civilian internee if the application on its face provides
information sufficient to establish such individual as a
selected veteran or civilian internee.
(d) Relationship to Other Payments.--Any amount paid a person under
this section for activity described in subsection (f)(1)(D) is in
addition to any other amount paid such person for such activity under
any other provision of law.
(e) Unavailability for Payment of Attorney Fees in Class Action
Suits.--No funds authorized to be appropriated for the payment of
compensation under this section, or paid under this section, may be
utilized for the payment of attorney fees incurred in any class action
law suit seeking the payment of compensation described in subsection
(c) or a similar payment for activity described in subsection
(f)(1)(D).
(f) Definitions.--In this section:
(1) Selected veteran or civilian internee.--The term
``selected veteran or civilian internee'' means any individual
who--
(A) was a member of the Armed Forces, a civilian
employee of the United States, or an employee of a
contractor of the United States during World War II;
(B) served in or with United States combat forces
during World War II;
(C) was captured and held as a prisoner of war or
prisoner by Japan in the course of such service; and
(D) was required by one or more Japanese
corporations to perform slave labor during World War
II.
(2) Slave labor.--The term ``slave labor'' means forced
servitude under conditions of subjugation. | Directs the Secretary of Defense to pay a specified amount of compensation to those members of the Armed Forces and U.S. civilian employees, or to the surviving spouses of such members and employees, who were captured by Japan and who were used as slave labor during World War II. | {"src": "billsum_train", "title": "A bill to require the payment of compensation to members of the Armed Forces and civilian employees of the United States who performed slave labor for Japanese industries during World War II, or the surviving spouses of such members, and for other purposes."} | 1,053 | 62 | 0.497546 | 1.319124 | 0.322231 | 3.538462 | 18.192308 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth-in-Billing, Remedies, and User
Empowerment over Fees Act of 2018'' or the ``TRUE Fees Act of 2018''.
SEC. 2. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
(a) In General.--Title VII of the Communications Act of 1934 (47
U.S.C. 601 et seq.) is amended by adding at the end the following:
``SEC. 723. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
``(a) Transparency in Advertising.--
``(1) In general.--A provider of a covered service may not
advertise the price of such service unless the advertised price
is the total amount that the provider will charge for or
relating to the provision of such service, including any
related taxes, administrative fees, equipment rental fees, or
other charges, to a consumer who accepts the offer made in the
advertisement.
``(2) Exception.--Paragraph (1) does not require a provider
of a covered service to include in the advertised price of the
service any tax, fee, or other charge that--
``(A) the provider is required to charge under any
provision of Federal law or of the law of a State or
political subdivision of a State; and
``(B) is not uniform throughout the United States.
``(b) Transparency in e-billing.--A provider of a covered service
may not provide a bill to a consumer in an electronic format unless the
provider--
``(1) provides the bill, or a notification that the bill is
available, by email or a functional equivalent of email that
permits the consumer to view the bill or notification without
having to access an online account or the functional equivalent
of an online account or to take any similar additional steps;
and
``(2) includes in the bill or notification provided in
accordance with paragraph (1) an itemized statement that breaks
down the total amount charged for or relating to the provision
of the covered service by the amount charged for the provision
of the service itself and the amount of any related taxes,
administrative fees, equipment rental fees, or other charges,
in the same level of detail as would be provided in a paper
bill.
``(c) Requirements for Increases in Charges.--
``(1) In general.--In the case of a provider of a covered
service that enters into a contract with a consumer for the
provision of a covered service--
``(A) the provider may not increase the total
amount charged for or relating to the provision of the
service under the contract, including any related
taxes, administrative fees, equipment rental fees, or
other charges, unless the increase is the result of an
objectively quantifiable increase in the cost to the
provider of providing the service, as demonstrated
through a change in an indicator such as a prime
interest rate or a tax applicable to the service;
``(B) if the provider increases such total amount,
regardless of the amount of the increase or whether the
increase is in the amount charged for the provision of
the service itself or in any related taxes,
administrative fees, equipment rental fees, or other
charges, the provider shall--
``(i) provide the consumer with clear
notice of the increase not later than 21 days
before the increase takes effect, in the same
manner in which the provider provides to the
consumer a notification that the consumer's
bill is available (or, if no separate
notification is provided, in the same manner as
the provider provides the consumer's bill to
the consumer); and
``(ii) permit the consumer to terminate the
contract without paying any early termination
fee or other penalty; and
``(C) the provider may not increase any fee or
other charge for equipment rental unless the equipment
is upgraded (whether through a hardware or software
upgrade) so as to provide a substantial increase in
functionality.
``(2) Exception for additional or upgraded service
requested by consumer.--Subparagraphs (A) and (B) of paragraph
(1) do not apply with respect to an increase resulting from the
provision, at the request of the consumer, of a service that is
in addition to, or an upgrade of, a service covered by the
contract.
``(d) Prohibition on Compulsory Alternative Dispute Resolution.--
``(1) Prohibition on contractual provision.--A provider of
a covered service may not include in a contract with a consumer
for the provision of a covered service a provision that
requires the consumer to resolve a covered dispute with the
provider through alternative dispute resolution.
``(2) Unenforceability of contractual provision.--Any
alternative dispute resolution provision included in a contract
in violation of paragraph (1) shall be void and unenforceable.
``(e) Definitions.--In this section:
``(1) Alternative dispute resolution.--The term
`alternative dispute resolution' has the meaning given such
term in section 3 of the Y2K Act (15 U.S.C. 6602).
``(2) Covered dispute.--The term `covered dispute' means a
dispute between a provider of a covered service and a consumer
in which the consumer alleges that--
``(A) the amount charged by the provider for or
relating to the provision of the service (including any
related taxes, administrative fees, equipment rental
fees, or other charges)--
``(i) was increased without notice being
provided to the consumer as required by
subsection (c)(1)(B)(i); or
``(ii) during the period covered by any
promotional rate or other discount that was
included in the price that the consumer agreed
to pay for or relating to the provision of the
covered service, did not reflect the
promotional rate or other discount; or
``(B) the provider billed the consumer--
``(i) for the provision of a service (or
for any related taxes, administrative fees, or
other charges) to which the consumer did not
subscribe during the period covered by the
bill; or
``(ii) for rental of equipment (or for any
related taxes, administrative fees, or other
charges) that the consumer did not rent during
the period covered by the bill.
``(3) Covered service.--The term `covered service'--
``(A) means--
``(i) internet access service;
``(ii) voice service (as defined in section
227(e)(8));
``(iii) commercial mobile service (as
defined in section 332);
``(iv) commercial mobile data service (as
defined in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C.
1401)); and
``(v) service provided by a multichannel
video programming distributer (as defined in
section 602), to the extent such distributor is
acting as a multichannel video programming
distributor; and
``(B) includes any other service offered or
provided as part of a bundle or package with any
service referred to in subparagraph (A).
``(4) Internet access service.--The term `internet access
service'--
``(A) means a mass-market retail service by wire or
radio that provides the capability to transmit data to
and receive data from all or substantially all internet
endpoints, including any capabilities that are
incidental to and enable the operation of the
communications service; and
``(B) also includes any service that--
``(i) the Commission finds to be providing
a functional equivalent of the service
described in subparagraph (A); or
``(ii) is used to evade the protections set
forth in this section.''.
(b) Transitional Rule Relating to Definition of Voice Service.--
Subsection (e)(3)(A)(ii) of section 723 of the Communications Act of
1934, as added by subsection (a) of this section, shall apply before
the effective date of the amendment made to subsection (e)(8) of
section 227 of such Act (47 U.S.C. 227) by subparagraph (C) of section
503(a)(2) of division P of the Consolidated Appropriations Act, 2018
(Public Law 115-141) as if such amendment was already in effect.
(c) Effective Date.--Section 723 of the Communications Act of 1934,
as added by subsection (a) of this section, shall apply beginning on
the date that is 180 days after the date of the enactment of this Act,
except that subsections (c) and (d) of such section 723 shall not apply
with respect to a contract entered into, and as in effect, before the
date that is 180 days after the date of the enactment of this Act. | Truth-in-Billing, Remedies, and User Empowerment over Fees Act of 2018 or the TRUE Fees Act of 2018 This bill amends the Communications Act of 1934 to prohibit providers of telecommunications services from: advertising the price of services unless that price includes all related charges, providing bills electronically unless consumers are notified by email of the bill's availability and that email includes an itemized statement of charges, increasing the charges for a service unless the increase is a result of an objectively-quantifiable increase in cost to the provider, increasing the charges for a service unless the consumer is provided clear notice of the increase and the consumer is permitted to terminate the service contract without incurring an early termination fee or other penalty, increasing the charges for equipment rental unless the equipment is upgraded to increase functionality, and including in a contract a provision requiring consumers to resolve disputes through alternative dispute resolution. | {"src": "billsum_train", "title": "Truth-in-Billing, Remedies, and User Empowerment over Fees Act of 2018"} | 1,961 | 201 | 0.619556 | 1.917813 | 0.868226 | 2.757396 | 10.739645 | 0.887574 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equalizing Transparency for Veterans
Act''.
SEC. 2. PUBLICATION OF INFORMATION ON PROVISION OF HEALTH CARE BY
DEPARTMENT OF VETERANS AFFAIRS.
(a) Publication of Information.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, and biennially thereafter, the
Secretary of Veterans Affairs shall publish on an Internet
database of the Department of Veterans Affairs that is
publically available information on the provision of health
care by the Department of Veterans Affairs.
(2) Elements.--
(A) Medical facilities.--With respect to each
medical facility of the Department, including community
based outpatient clinics, each publication required by
paragraph (1) shall include, at a minimum, the
following:
(i) The measures regarding inpatient and
outpatient care made publically available by
the Secretary of Health and Human Services
pursuant to section 1886(b)(3)(B)(viii)(VII) of
the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(viii)(VII)), including with
respect to emergency department throughput
measures, hospital consumer assessment of
health-care providers and systems, and the
national healthcare safety network.
(ii) Per each discharged patient of such a
facility--
(I) the average length of stay;
(II) the opioid prescription rate;
and
(III) the suicide rate.
(iii) The average number of days a patient
waited beginning on the date on which an
appointment or procedure was requested and
ending on the date on which the appointment or
procedure occurred.
(B) Nursing homes.--With respect to each nursing
home of the Department of Veterans Affairs, each
publication required by paragraph (1) shall include, at
a minimum, any measures that the Secretary of Health
and Human Services makes publically available with
respect to Medicare nursing homes.
(C) Period covered.--The information included
pursuant to subparagraphs (A) and (B) in each
publication required by paragraph (1) shall cover the
period that the Secretary of Veterans Affairs
determines is equivalent to the period covered by the
Secretary of Health and Human Services in publishing
similar information.
(3) Personal information.--The Secretary shall ensure that
personal information connected to information published under
paragraph (1) is protected from disclosure as required by
applicable law.
(b) Validation.--The Secretary shall establish a process to
validate the information published under subsection (a). Such process
shall include the following:
(1) An audit of a number of randomly selected medical
facilities that is sufficient to ensure the validity of such
information.
(2) An opportunity for a medical facility described in
paragraph (1) to appeal the validation of such information.
(c) Annual Report.--Not later than 30 days after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report that includes--
(1) a listing of the facilities of the Department that rank
within the bottom quartile on each quality measure used by the
Secretary to determine such rankings, including, as applicable,
the measures used in the database under subsection (a); and
(2) a plan to improve each such facility.
(d) Comptroller General Report.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report setting forth
recommendations for additional elements to be included with the
information published under subsection (a) to improve the evaluation
and assessment of the safety and health of individuals receiving care
under the laws administered by the Secretary and the quality of care
received by such individuals.
(e) Toll-Free Hotline on Care Provided.--Not later than two years
after the date of the enactment of this Act, the Secretary shall--
(1) establish a toll-free telephone number for individuals
to use to notify the Secretary of low-quality care being
provided at a health care facility of the Department of
Veterans Affairs; and
(2) ensure that patients at such a health care facility,
and caregivers of such patients, are informed of such telephone
number. | Equalizing Transparency for Veterans Act - Directs the Secretary of Veterans Affairs (VA) to biennially publish information on the VA's provision of health care on a VA Internet database that is publicly available. Includes among that information for each VA medical facility: quality measures regarding inpatient and outpatient care that the Secretary of Health and Human Services (HHS) is required to make publicly available under the Medicare program; the average length of stay, opioid prescription rate, and suicide rate for patients discharged from the facility; and the average number of days a patient waited for an appointment or procedure at such facility. Includes in such information for each VA nursing home any quality measures the Secretary of HHS makes publicly available regarding Medicare nursing homes. Directs the Secretary to establish a process to validate the published information. Requires the Secretary to annually submit a plan to Congress to improve each VA medical facility that ranks within the bottom quartile on each quality measure used by the Secretary to rank such facilities. Directs the Secretary to establish a toll-free telephone number for individuals to use to notify the Secretary of low-quality care being provided at a VA medical facility. | {"src": "billsum_train", "title": "Equalizing Transparency for Veterans Act"} | 910 | 247 | 0.596498 | 1.660015 | 0.883869 | 3.45 | 3.859091 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Living Organ Donation Incentives Act
of 1999''.
SEC. 2. FAMILY AND MEDICAL LEAVE.
(a) Civilian Population.--
(1) Leave requirement.--Section 102(a) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by
adding at the end the following:
``(E) to provide a living organ donation, including
time spent for--
``(i) tests used to determine if the live
donor is medically suitable to donate;
``(ii) physical, psychological, and social
evaluations of the live donor;
``(iii) pre-transplant outpatient services;
``(iv) post-operative inpatient and
outpatient transplantation services;
``(v) travel in connection with tests,
evaluations, and services described in clauses
(i) through (iv); and
``(vi) recuperation consistent with the
type of transplant.''.
(2) Conforming.--
(A) Section 102.--Sections 102(b) and 102(e) of
such Act (29 U.S.C. 2612(b), (e)) are each amended by
striking ``(C) or (D)'' each place it occurs and
inserting ``(C), (D), or (E)''.
(B) Section 102(b).--Sections 102(b)(2) and
102(e)(2) of such Act (29 U.S.C. 2612(b)(2),
2612(e)(2))) are each amended by inserting ``,
including living organ donation'' after ``treatment''.
(B) Section 103.--Section 103 of such Act (29
U.S.C. 2613) is amended--
(A) in subsection (b)(4), 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:
``(C) for purposes of leave under section 6382(a)(1)(E), a
statement that the employee is unable to perform the functions of the
position of the employee.'';
(B) in subsection (b)(5), by inserting ``or living
organ donation'' after ``treatment'' each place it
appears; and
(C) in subsection (c)(1), by striking ``(C) or
(D)'' and inserting ``(C), (D), or (E)''.
(C) Section 104(a).--Section 104(a)(4) of such Act
(29 U.S.C. 2614(a)(4)) is amended by inserting ``or
section 102(a)(1)(E)'' after ``(D)''.
(D) Section 104(c).--Section 104(c)(2) of such Act
(29 U.S.C. 2614(c)(2)) is amended by striking ``(C) or
(D)'' and inserting ``(C), (D), or (E)'' and section
104(c)(3)(A) is amended by striking ``or'' at the end
of clause (i), by striking the period at the end of
clause (ii) and inserting ``; or'', and by adding at
the end the following:
``(iii) a certification issued by the
health care provider of the eligible employee,
in the case of an employee unable to return to
work because of a condition specified in
section 102(a)(1)(E).'';
and section 104(c)(3)(C)(i) of such Act (29 U.S.C.
2614(c)(3)(C)(i)) is amended by inserting ``or
(A)(iii)'' after ``(ii)''.
(E) Section 108.--Section 108(c)(1) of such Act (29
U.S.C. 2618(c)(1)) is amended by striking ``(C) or
(D)'' and inserting ``(C), (D), or (E)'' and by
inserting ``, including living organ donation'' after
``treatment'' each place it occurs.
(b) Federal Population.--
(1) Leave requirement.--Section 6382(a)(1) of title 5,
United States Code, is amended by adding at the end the
following:
``(E) to provide a living organ donation, including time
spent for--
``(i) tests used to determine if the live donor is
medically suitable to donate;
``(ii) physical, psychological, and social
evaluations of the live donor;
``(iii) post-operative inpatient and outpatient
transplantation services;
``(iv) pre-transplant outpatient services;
``(v) travel in connection with tests, evaluations,
and services described in clauses (i) through (iv); and
``(vi) recuperation consistent with the type of
transplant.''.
(2) Conforming.--
(A) Section 6382(b)(2).--Section 6382(b)(2) of such
title is amended by striking ``(C) or (D)'' and
inserting ``(C), (D), or (E)''.
(B) Section 6382(d).--Section 6382(d) of such title
is amended by striking ``or (D)'' and inserting ``(D),
or (E)''.
(C) Section 6382(e)(2).--Section 6382(e)(2) of such
title is amended by striking ``(C) or (D)'' and
inserting ``(C), (D), or (E)''.
(D) Section 6383(a).--Section 6383(a) of such title
is amended by striking ``(C) or (D)'' and inserting
``(C), (D), or (E)''.
(E) Section 6833(b)(4).--Section 6833(b)(4) of such
title 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:
``(C) for purposes of leave under section 6382(a)(1)(E), a
statement that the employee is unable to perform the functions of the
position of the employee.''.
(F) Section 6833(b)(5).--Section 6833(b)(5) of such
title is amended by inserting ``, including living
organ donation'' after ``treatment''.
(G) Section 6384(d).--Section 6384(d) of such title
is amended by inserting ``or section 6382(a)(1)(E)''
after ``(D)''.
SEC. 3. NATIONAL PROGRAM FOR PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES
INCURRED TOWARD DONATION OR RECEIPT OF ORGANS.
Part H of the Public Health Service Act (42 U.S.C. 273 et seq.) is
amended--
(1) by redesignating section 378 as section 379; and
(2) by inserting after section 377 the following section:
``payment of travel and subsistence expenses regarding organ donation
``Sec. 378. (a) In General.--The Secretary may carry out a national
program of making awards of grants or contracts to States, transplant
centers, qualified organ procurement organizations under section 371,
or other public or private entities for the purpose of providing for
the payment of travel and subsistence expenses incurred by individuals,
or as applicable their families, toward making or receiving donations
of organs.
``(b) Certain Criteria.--In establishing criteria for carrying out
subsection (a), the Secretary may include the following:
``(1) In addition to the payment of travel and subsistence
expenses, the criteria may provide for the payment of such
additional nonmedical expenses as the Secretary determines to
be appropriate.
``(2) The criteria may provide that the individuals for
whom qualifying expenses are paid will include individuals, or
as applicable their families, who in good faith incur such
expenses toward the intended donating or receiving of an organ
but with respect to whom, for such reasons as the Secretary
determines to be appropriate, no donating or receiving of the
organ occurs.
``(c) Relationship to Payments Under Other Programs.--A grant may
be made under subsection (a) only if the applicant involved agrees that
the grant will not be expended to pay qualifying expenses for an
individual to the extent that payment has been made, or can reasonably
be expected to be made, with respect to such expenses--
``(1) under any State compensation program, under an
insurance policy, or under any Federal or State health benefits
program; or
``(2) by an entity that provides health services on a
prepaid basis.
``(d) Definition.--For purposes of this section, the term
`qualifying expenses', with respect to donating or receiving an organ,
means travel and subsistence expenses, and such additional nonmedical
expenses as may be designated under subsection (b)(1).
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2000 through 2004.''.
SEC. 4. INCREASE IN PAYMENT AMOUNT FOR RENAL DIALYSIS SERVICES
FURNISHED UNDER THE MEDICARE PROGRAM.
(a) In General.--Section 1881(b)(7) of the Social Security Act (42
U.S.C. 1395rr(b)(7)) is amended by adding at the end the following new
flush sentence:
``The Secretary shall increase the amount of each composite rate
payment for dialysis services furnished on or after January 1, 2000, by
2.9 percent above such composite rate payment amounts for such services
furnished on December 31, 1999.''.
(b) Conforming Amendment.--
(1) In general.--Section 9335(a) of the Omnibus Budget
Reconciliation Act of 1986 (42 U.S.C. 1395rr note) is amended
by striking paragraph (1).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on January 1, 2000. | Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or contracts to States, transplant centers, qualified organ procurement organizations, or other public and private entities to provide for payment of travel and related organ donation expenses.
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary to increase by 2.9 percent each composite rate payment for Medical renal dialysis services. Authorizes appropriations. | {"src": "billsum_train", "title": "Living Organ Donation Incentives Act of 1999"} | 2,446 | 98 | 0.432833 | 1.006665 | -0.043959 | 2.951807 | 24.048193 | 0.879518 |
SECTION 1. PURPOSE.
It is the purpose of this Act to allow each public secondary school
to hire a director of school safety, discipline, and student assistance
to develop or improve a safety plan.
SEC. 2. PROGRAM AUTHORIZED.
The Secretary is authorized to provide grants on a competitive
basis to specially designated agencies and State educational agencies
to enable each public secondary school to employ a director to develop
or improve a school safety plan.
SEC. 3. GRANT AWARD.
(a) State Application.--To be eligible to receive a grant award
under this Act, a State educational agency shall submit an application
to the Secretary at such time, in such form, and containing such
information as the Secretary may require.
(b) Local Application.--To be eligible to receive a subgrant under
this Act, a local educational agency, other than a specially designated
agency, shall submit an application to the State educational agency in
such form and containing or accompanied by such information as the
State educational agency shall require.
(c) Specially Designated Agency Application.--If a State
educational agency does not apply for a grant award under this Act in a
fiscal year, any specially designated agency in such State that desires
to receive a grant under this Act in such fiscal year shall apply to
the Secretary at such time, in such form, and containing such
information as the Secretary may require.
(d) Contents.--An application submitted under subsections (a), (b),
or (c) shall include assurances that--
(1) funds provided under this Act shall be used only to
hire a director to develop or improve a public secondary school
safety plan and implement security measures approved in the
school safety plan;
(2) funds provided under this Act shall supplement, not
supplant, State and local funds;
(3) the director shall have the authority--
(A) to discipline (in accordance with the school
safety plan) any student whose actions or words
threaten the safety of any student, teacher, employee,
or administrator of the school; and
(B) refer any student to the appropriate law
enforcement authority, family and children services, or
any other agency or organization the Director considers
appropriate to meet the requirements of the school
safety plan;
(C) the applicant that receives funds under this Act shall
use not more than 1.5 percent of the funds to pay
administrative expenses;
(4) the applicant shall provide parents, students, faculty,
school administrators, and any other individuals or groups who
the director requests, an opportunity to present their views
and make recommendations regarding the safety plan; and
(5) in the case of a State educational agency, such agency
shall evaluate the effectiveness of each public secondary
school safety plan on an annual basis.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) Director.--The term ``director'' means the individual
or entity hired as director of school safety, discipline, and
student assistance for a public secondary school, employed
directly or through a contract with a school board, to develop
or improve the school safety plan. If the individual employed
as director is a school tenured employee when hired, the
director shall waive tenure.
(2) Local educational agency.--The term ``local educational
agency'' has the same meaning given such term in section 14101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
(3) Outlying area.--The term ``outlying area'' means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
(4) Secondary school.--The term ``secondary school'' has
the same meaning given such term in section 14101 of the
Elementary and Secondary Education Act of 1965.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) Specially designated agency.--The term ``specially
designated agency'' means a local educational agency, located
in a State that did not receive a grant under this Act in a
fiscal year, that applies directly to the Secretary for a grant
in accordance with section (3)(a)(3).
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each outlying area.
SEC. 5. GEPA AMENDMENT.
Section 444(b)(1) of the General Education Provisions Act (20
U.S.C. 1232g) is amended--
(1) in subparagraph (I), by striking ``and'' after the
semicolon;
(2) in subparagraph (J), by striking the period and
inserting ``and;''; and
(3) by inserting after subparagraph (J), the following:
``(K) the individual or entity hired, either directly or
through a contract by a school board, as a director of school
safety, discipline, and student assistance to develop and
implement a school safety plan.''. | Sets forth application requirements for: (1) SEAs, for grants; (2) LEAs other than specially designated ones, for subgrants; and (3) specially designated LEAs in States which do not apply for such grants, for direct grants.
Requires funds provided under this Act to be used only to hire an individual or entity as a director to develop or improve a public secondary school safety plan and implement security measures approved in the school safety plan.
Requires such a director to have the authority to: (1) discipline, in accordance with the school safety plan, any student whose actions or words threaten the safety of any student, teacher, employee, or administrator of the school; and (2) refer any student to the appropriate law enforcement authority, family and children services, or any other agency or organization the director considers appropriate to meet school safety plan requirements.
Amends the General Education Provisions Act to include, among those to whom certain educational records may be released without the written consent of students' parents, directors of school safety, discipline, and assistance in their developing and implementing school safety plans. | {"src": "billsum_train", "title": "To provide grants to enable each public secondary school to hire a director of school safety, discipline, and student assistance to develop or improve a safety plan."} | 1,102 | 233 | 0.711846 | 1.993825 | 0.897531 | 4.027273 | 4.75 | 0.872727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recreational Boating Safety
Improvement Act of 1994''.
SEC. 2. PERSONAL FLOTATION DEVICES REQUIRED FOR CHILDREN.
(a) Prohibition.--Section 4307(a) of title 46, United States Code,
is amended--
(1) in paragraph (2) by striking ``or'' after the semicolon
at the end;
(2) in paragraph (3) by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(4) operate a recreational vessel under 26 feet in length
unless each individual 12 years of age or younger wears a Coast
Guard approved personal flotation device when the individual is
on an open deck of the vessel.''.
(b) State Authority Preserved.--Section 4307 of title 46, United
States Code, is further amended by adding at the end the following:
``(c) Subsection (a)(4) shall not be construed to limit the
authority of a State to establish requirements relating to the wearing
of personal flotation devices on recreational vessels that are more
stringent than that subsection.''.
SEC. 3. ALLOCATION OF FUNDS BASED ON STATE ADOPTION OF LAWS REGARDING
BOATING WHILE INTOXICATED.
Section 13103 of title 46, United States Code, is amended--
(1) by redesignating subsections (a), (b), and (c) in order
as subsections (b), (c), and (d);
(2) by inserting before subsection (b) (as so redesignated)
the following new subsection:
``(a)(1) Beginning in fiscal year 1998, of the amounts transferred
to the Secretary each fiscal year pursuant to section 4(b) of the Act
of August 9, 1950 (16 U.S.C. 777c(b)), the Secretary shall allocate for
State recreational boating safety programs $10,000,000 as follows:
``(A) One-half shall be allocated in accordance with
paragraph (2) among eligible States that--
``(i) prohibit operation of a recreational vessel
by an individual who is under the influence of alcohol
or drugs; and
``(ii) establish a blood alcohol concentration
limit of .10 percent or less.
``(B) One-half shall be allocated in accordance with
paragraph (2) among eligible States that--
``(i) prohibit operation of a recreational vessel
by an individual who is under the influence of alcohol
or drugs; and
``(ii) establish an implied consent requirement
that specifies that an individual is deemed to have
given their consent to evidentiary testing for their
blood alcohol concentration or presence of other
intoxicating substances.
``(2) Of the amount allocated under subparagraph (A) or (B) of
paragraph (1) each fiscal year--
``(A) one-half shall be allocated equally among all
eligible States receiving an allocation under that subparagraph
for the fiscal year; and
``(B) one-half shall be allocated among those eligible
States so that each such State receives an amount bearing the
same ratio to the total amount allocated under that
subparagraph for the fiscal year as the number of vessels
numbered in that State under a system approved under chapter
123 of this title bears to the total number of vessels numbered
under approved systems of all States receiving an allocation
under that subparagraph for the fiscal year.'';
(3) in subsection (b) (as so redesignated) in the matter
preceding paragraph (1) by inserting ``the balance of
remaining'' after ``allocate''; and
(4) by adding at the end the following new subsection:
``(e) A State shall not be ineligible for an allocation under
subsection (a) because of the adoption by the State of any requirement
relating to the operation of a recreational vessel while under the
influence of alcohol or drugs that is more stringent than the
requirements for receiving the allocation.''.
SEC. 4. MARINE CASUALTY REPORTING.
(a) Submission of Plan.--Not later than one year after enactment of
this Act, the Secretary of Transportation shall, in consultation with
appropriate State agencies, submit to the Committee on Merchant Marine
and Fisheries of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a plan to increase
reporting of vessel accidents to appropriate State law enforcement
officials.
(b) Penalties for Violating Reporting Requirements.--Section
6103(a) of title 46, United States Code, is amended by inserting ``or
6102'' after ``6101'' the second place it appears.
SEC. 5. REQUIRING VIOLATORS TO TAKE RECREATIONAL BOATING SAFETY COURSE.
(a) Negligent Operation.--Section 2302 of title 46, United States
Code, is amended by adding at the end the following:
``(e) An individual operating a recreational vessel in violation of
this section shall complete a boating safety course approved by the
Secretary.''.
(b) Other Violations.--Section 4311 of title 46, United States
Code, is amended by adding at the end the following:
``(h) A person who operates a recreational vessel in violation of
this chapter or a regulation prescribed under this chapter may be
ordered to complete a recreational boating safety course approved by
the Secretary.''.
SEC. 6. TECHNICAL CORRECTIONS.
Section 13108(a)(1) of title 46, United States Code, is amended
by--
(1) striking ``proceeding'' and inserting ``preceding'';
and
(2) striking ``Secertary'' and inserting ``Secretary''.
Passed the House of Representatives March 21, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Recreational Boating Safety Improvement Act of 1994 - Amends Federal boating safety law to prohibit a person from operating a recreational vessel under 26 feet in length unless each individual 12 years or younger wears a personal flotation device while on the vessel's deck. Declares that such prohibition shall not be construed to limit a State's authority to establish more stringent requirements for the wearing of personal flotation devices on recreational vessels.
Sets forth a formula for the allocation of State recreational boating safety program funds based upon State adoption of laws prohibiting the operation of recreational vessels while under the influence of alcohol or drugs.
Directs the Secretary of Transportation to submit to specified congressional committees a plan to increase reporting of vessel accidents to appropriate State law enforcement officials. Establishes penalties for violation of reporting requirements.
Declares that any individual operating a recreational vessel in a negligent manner shall complete a boating safety course approved by the Secretary.
Declares that any person operating a recreational vessel in violation of Federal shipping code recreational boating provisions may be ordered to complete a qualified recreational boating safety course. | {"src": "billsum_train", "title": "Recreational Boating Safety Improvement Act of 1994"} | 1,318 | 242 | 0.580321 | 1.489117 | 0.93306 | 3.492537 | 5.855721 | 0.875622 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Choice Voucher Mobility
Demonstration Act of 2018''.
SEC. 2. HOUSING CHOICE VOUCHER MOBILITY DEMONSTRATION.
(a) Authority.--The Secretary of Housing and Urban Development (in
this section referred to as the ``Secretary'') may carry out a mobility
demonstration program to enable public housing agencies to administer
housing choice voucher assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)) in a manner designed to
encourage families receiving such voucher assistance to move to lower-
poverty areas and expand access to opportunity areas.
(b) Selection of PHAs.--
(1) Requirements.--The Secretary shall establish
requirements for public housing agencies to participate in the
demonstration program under this section, which shall provide
that the following public housing agencies may participate:
(A) Public housing agencies that together--
(i) serve areas with high concentrations of
holders of rental assistance vouchers under
section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) in poor, low-
opportunity neighborhoods; and
(ii) have an adequate number of moderately
priced rental units in higher-opportunity
areas.
(B) Planned consortia or partial consortia of
public housing agencies that--
(i) include at least one agency with a
high-performing Family Self-Sufficiency (FSS)
program; and
(ii) will enable participating families to
continue in such program if they relocate to
the jurisdiction served by any other agency of
the consortium.
(C) Planned consortia or partial consortia of
public housing agencies that--
(i) serve jurisdictions within a single
region;
(ii) include one or more small agencies;
and
(iii) will consolidate mobility focused
operations.
(D) Such other public housing agencies as the
Secretary considers appropriate.
(2) Selection criteria.--The Secretary shall establish
competitive selection criteria for public housing agencies
eligible under paragraph (1) to participate in the
demonstration program under this section.
(3) Random selection of families.--The Secretary may
require participating agencies to use a randomized selection
process to select among the families eligible to receive
mobility assistance under the demonstration program.
(c) Regional Housing Mobility Plan.--The Secretary shall require
each public housing agency applying to participate in the demonstration
program under this section to submit a Regional Housing Mobility Plan
(in this section referred to as a ``Plan''), which shall--
(1) identify the public housing agencies that will
participate under the Plan and the number of vouchers each
participating agency will make available out of their existing
programs in connection with the demonstration;
(2) identify any community-based organizations, nonprofit
organizations, businesses, and other entities that will
participate under the Plan and describe the commitments for
such participation made by each such entity;
(3) identify any waivers or alternative requirements
requested for the execution of the Plan;
(4) identify any specific actions that the public housing
agencies and other entities will undertake to accomplish the
goals of the demonstration, which shall include a comprehensive
approach to enable a successful transition to opportunity areas
and may include counseling and continued support for families;
(5) specify the criteria that the public housing agencies
would use to identify opportunity areas under the plan;
(6) provide for establishment of priority and preferences
for participating families, including a preference for families
with young children, as such term is defined by the Secretary,
based on regional housing needs and priorities; and
(7) comply with any other requirements established by the
Secretary.
(d) Funding for Mobility-Related Services.--
(1) Use of administrative fees.--Public housing agencies
participating in the demonstration program under this section
may use administrative fees under section 8(q) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(q)), their
administrative fee reserves, and funding from private entities
to provide mobility-related services in connection with the
demonstration program, including services such as counseling,
portability coordination, landlord outreach, security deposits,
and administrative activities associated with establishing and
operating regional mobility programs.
(2) Use of housing assistance funds.--Public housing
agencies participating in the demonstration under this section
may use housing assistance payments funds under section 8(o) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for
security deposits if necessary to enable families to lease
units with vouchers in designated opportunity areas.
(e) Waivers; Alternative Requirements.--
(1) Waivers.--To allow for public housing agencies to
implement and administer their Regional Housing Mobility Plans,
the Secretary may waive or specify alternative requirements for
the following provisions of the United States Housing Act of
1937:
(A) Sections 8(o)(7)(A) and 8(o)(13)(E)(i)
(relating to the term of a lease and mobility
requirements).
(B) Section 8(o)(13)(C)(i) (relating to the public
housing plan for an agency).
(C) Section 8(r)(2) (relating to the responsibility
of a public housing agency to administer ported
assistance).
(2) Alternative requirements.--The Secretary shall provide
additional authority for public housing agencies in a selected
region to form a consortium that has a single housing choice
voucher funding contract, or to enter into a partial consortium
to operate all or portions of the Regional Housing Mobility
Plan, including agencies participating in the Moving To Work
Demonstration program.
(3) Effective date.--Any waiver or alternative requirements
pursuant to this subsection shall not take effect before the
expiration of the 10-day period beginning upon publication of
notice of such waiver or alternative requirement in the Federal
Register.
(f) Implementation.--The Secretary may implement the demonstration,
including its terms, procedures, requirements, and conditions, by
notice.
(g) Evaluation.--Not later than 5 years after implementation of the
regional housing mobility programs under the demonstration program
under this section, the Secretary shall submit to the Congress and
publish in the Federal Register a report evaluating the effectiveness
of the strategies pursued under the demonstration, subject to the
availability of funding to conduct the evaluation. Through official
websites and other methods, the Secretary shall disseminate interim
findings as they become available, and shall, if promising strategies
are identified, notify the Congress of the amount of funds that would
be required to expand the testing of these strategies in additional
types of public housing agencies and housing markets.
Passed the House of Representatives July 10, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Housing Choice Voucher Mobility Demonstration Act of 2018 (Sec. 2) This bill authorizes the Department of Housing and Urban Development (HUD) to implement a mobility demonstration program to enable public housing agencies (PHAs) to administer housing-choice rental-assistance vouchers in a manner designed to: (1) encourage low-income families receiving such assistance to move to lower-poverty areas, and (2) expand access to opportunity areas. HUD shall require PHAs applying to participate in the program to submit a specified Regional Housing Mobility Plan. | {"src": "billsum_train", "title": "Housing Choice Voucher Mobility Demonstration Act of 2018"} | 1,445 | 131 | 0.644256 | 1.612882 | 0.673894 | 3.138614 | 13.257426 | 0.881188 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners Insurance Assistance Act
of 2007''.
SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR CERTAIN HOMEOWNERS INSURANCE
PREMIUMS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. CERTAIN HOMEOWNERS INSURANCE PREMIUMS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 50 percent of the
taxpayer's qualified homeowners insurance premium for such taxable
year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed under subsection
(a) for any taxable year shall not exceed $250.
``(2) Limitation based on adjusted gross income.--The
amount of the credit allowable under subsection (a) shall be
reduced (but not below zero) by 2 percentage points for each
percentage point (or fraction thereof) by which the taxpayer's
adjusted gross income exceeds the State median income for such
a taxpayer for the preceding taxable year in the State in which
the principal residence of such taxpayer is located.
``(3) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section and sections 23, 24,
and 25B) and section 27 for the taxable year.
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
taxpayer whose principal residence is_
``(A) substantially the same dwelling unit during
the applicable period, and
``(B) located in either--
``(i) an area determined by the President
to warrant individual or individual and public
assistance from the Federal Government under
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of 1 or more
hurricanes during 2004 or 2005, or
``(ii) a county--
``(I) located in a State which
borders the Atlantic Ocean or the Gulf
of Mexico, and
``(II) which is determined by the
Secretary, in consultation with the
National Association of Insurance
Commissioners, to have experienced a
higher than average increase in
homeowners insurance premiums during
2004, 2005, or 2006 due to hurricane
risk.
``(2) Applicable period.--The term `applicable period'
means--
``(A) in the case of an area described in paragraph
(1)(B)(i), the period beginning the day before the
determination described in such paragraph and ending on
the last day of the taxable year, and
``(B) in the case of an area described in paragraph
(1)(B)(ii), the period beginning on September 1, 2005,
and ending before the last day of the taxable year.
``(d) Qualified Homeowners Insurance Premium.--For purposes of this
section--
``(1) In general.--The term `qualified homeowners insurance
premium' for any taxable year means an amount equal to the
qualifying percentage of the eligible individual's homeowners
insurance premium in effect on the first policy anniversary
date (or, if greater, the second policy anniversary date)
following the beginning of such individual's applicable period.
``(2) Qualifying percentage.--The term `qualifying
percentage' is equal to the excess (expressed in percentage
points) of --
``(A) the eligible individual's percentage increase
in homeowners insurance premium between the last policy
anniversary before the beginning of such individual's
applicable period and the policy anniversary date (as
determined under paragraph (1)) following the beginning
of such individual's applicable period, over
``(B) the national average percentage increase in
homeowners insurance premiums between the same dates as
determined by the Secretary, in consultation with the
National Association of Insurance Commissioners.
``(e) Other Definitions.--For purposes of this section--
``(1) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(2) Homeowners insurance.--The term `homeowners
insurance' means any insurance covering a principal residence.
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2007.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Certain homeowners insurance premiums.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Homeowners Insurance Assistance Act of 2007 - Amends the Internal Revenue Code to allow individual taxpayers in certain hurricane disaster areas a tax credit for 50% of their homeowner insurance premiums, up to $250 annually. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit against tax for increased homeowners insurance premiums suffered by certain coastal homeowners or resulting from hurricane events."} | 1,175 | 46 | 0.512017 | 1.160768 | 0.65246 | 1.564103 | 27.153846 | 0.74359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investor Protection Act of 2002''.
SEC. 2. LIABILITY STANDARDS IN PRIVATE SECURITIES LITIGATION.
(a) In General.--Section 21D(f) of the Securities Exchange Act of
1934 (15 U.S.C. 78u-4(f)) is amended to read as follows:
``(f) Civil Liability.--
``(1) Joint and several liability for damages.--Any covered
person against whom a final judgment is entered in a private
action arising under this title shall be liable for damages
jointly and severally.
``(2) Settlement discharge.--
``(A) In general.--A covered person who settles any
private action arising under this title at any time
before final verdict or judgment shall be discharged
from all claims for contribution brought by other
persons.
``(B) Bar order.--Upon entry of a settlement
described in subparagraph (A) by the court, the court
shall enter a bar order constituting the final
discharge of all obligations to the plaintiff of the
settling covered person arising out of the action,
which order shall bar all future claims for
contribution arising out of the action--
``(i) by any person against the settling
covered person; and
``(ii) by the settling covered person
against any person, other than a person whose
liability has been extinguished by the
settlement of the settling covered person.
``(C) Reduction.--If a covered person enters into a
settlement with the plaintiff prior to final verdict or
judgment, the verdict or judgment shall be reduced by
the greater of--
``(i) an amount that corresponds to the
percentage of responsibility of that covered
person; or
``(ii) the amount paid to the plaintiff by
that covered person.
``(3) Contribution.--
``(A) In general.--A covered person who is jointly
and severally liable for damages in any private action
arising under this title may recover contribution from
any other person who, if joined in the original action,
would have been liable for the same damages. A claim
for contribution shall be determined based on the
percentage of responsibility of the claimant and of
each person against whom a claim for contribution is
made, as determined by the court.
``(B) Statute of limitations for contribution.--In
any private action arising out of this title
determining liability, an action for contribution shall
be brought not later than 6 months after the date of
entry of a final, nonappealable judgment in the action.
``(4) Applicability.--Nothing in this subsection shall be
construed to create, affect, or in any manner modify, the
standard for liability associated with any action arising under
the securities laws.
``(5) Definitions.--For purposes of this subsection--
``(A) the term `covered person' means--
``(i) a defendant in any private action
arising under this title; or
``(ii) a defendant in any private action
arising under section 11 of the Securities Act
of 1933, who is an outside director of the
issuer of the securities that are the subject
of the action; and
``(B) the term `outside director' shall have the
meaning given such term by rule or regulation of the
Commission.''.
(b) Conforming Amendment to the Securities Act of 1933.--Section
11(f)(2)(A) of the Securities Act of 1933 (15 U.S.C. 77k(f)(2)(A)) is
amended by striking ``in accordance'' and all that follows through the
period and inserting ``in accordance with section 21D(f) of the
Securities Exchange Act of 1934.''.
(c) Applicability.--The amendments made by this section shall not
affect or apply to any private action arising under the securities laws
commenced before and pending on the date of enactment of this Act.
SEC. 3. PERSONS WHO AID AND ABET VIOLATIONS.
(a) Commission Authority.--Section 20(e) of the Securities Exchange
Act of 1934 (15 U.S.C. 78t(e)) is amended by striking ``knowingly'' and
inserting ``recklessly''.
(b) Private Litigation.--Section 21D of the Securities Exchange Act
of 1934 (15 U.S.C. 78u-4) is amended by adding at the end the
following:
``(g) Persons That Aid or Abet Violations.--Any person that
recklessly provides substantial assistance to another person in
violation of a provision of this title, or of any rule or regulation
issued under this title, shall be deemed to be in violation of such
provision to the same extent as the person to whom such assistance is
provided.''.
SEC. 4. STATUTE OF LIMITATIONS.
Title I of the Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.) is amended by adding at the end the following new section:
``SEC. 37. STATUTE OF LIMITATIONS.
``(a) In General.--Except as otherwise specifically provided in
this title, and notwithstanding section 9(e), an implied private right
of action arising under this title may be brought not later than the
earlier of--
``(1) 5 years after the date on which the alleged violation
occurred; or
``(2) 3 years after the date on which the alleged violation
was discovered.
``(b) Effective Date.--The limitations period provided by this
section shall apply to all proceedings commenced after the date of
enactment of the Investor Protection Act of 2002.''.
SEC. 5. REPEAL OF CERTAIN CLASS ACTION LIMITATIONS.
(a) Securities Exchange Act of 1934.--Section 28 of the Securities
Exchange Act of 1934 (15 U.S.C. 78bb) is amended--
(1) in subsection (a), by striking ``Except as provided in
subsection (f), the'' and inserting ``The''; and
(2) by striking subsection (f).
(b) Securities Act of 1933.--Section 16 of the Securities Act of
1933 (15 U.S.C. 77p) is amended to read as follows:
``SEC. 16. REMEDIES ADDITIONAL.
``The rights and remedies provided by this title shall be in
addition to any and all other rights and remedies that may exist at law
or in equity.''. | Investor Protection Act of 2002 - Amends the Securities Exchange Act of 1934 regarding liability standards in private securities litigation to repeal: (1) the scienter requirement limiting joint and several liability for damages to covered persons who knowingly committed a violation of the securities laws; and (2) the allowance of proportionate liability, under which a covered person is liable solely for the portion of a judgment that corresponds to the person's percentage of responsibility for a securities violation. (Thus makes any covered person against whom a final judgment is entered in private securities litigation liable for one hundred percent of damages jointly and severally, even if the securities violation was not committed knowingly.)Deems any person that recklessly provides substantial assistance to (aids or abets) another person in violation of Federal securities laws to be in violation of such laws to the same extent as the person to whom such assistance is provided.Establishes a statute of limitations for an implied private right of action of: (1) five years after an alleged violation occurred; or (2) three years after it was discovered.Repeals the prohibition against all but specified types of private class actions alleging either misrepresentation or omission of a material fact or manipulative or deceptive practices in connection with securities sales or purchases (thus permitting private class actions without limitation). | {"src": "billsum_train", "title": "A bill to amend the Securities Exchange Act of 1934 and the Securities Act of 1933, to address liability standards in connection with violations of the Federal securities laws, and for other purposes."} | 1,481 | 290 | 0.552408 | 1.652616 | 0.783294 | 2.771429 | 5.179592 | 0.795918 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Corrections Act of 1995''.
SEC. 2. GRANTS FOR VIOLENT AND CHRONIC JUVENILE FACILITIES.
(a) Grants.--The Administrator may make grants to States and units
of local government or combinations thereof to assist them in planning,
establishing, and operating secure facilities, staff-secure facilities,
detention centers, and other correctional programs for violent and
serious chronic juvenile offenders.
(b) Applications.--
(1) In general.--The chief executive officer of a State or
unit of local government that desires to receive a grant under
this section shall submit to the Administrator an application,
in such form and in such manner as the Administrator may
prescribe.
(2) Contents.--An application under paragraph (1) shall--
(A) provide assurances that each facility or
program funded with a grant under this section will
provide appropriate educational and vocational training
and substance abuse treatment for juvenile offenders;
and
(B) provide assurances that each facility or
program funded with a grant under this section will
afford juvenile offenders intensive post-release
supervision and services.
(c) Minimum Amount.--
(1) In general.--Except as provided in paragraph (2), each
qualifying State, together with units of local government
within the State, shall be allocated for each fiscal year not
less than 1.0 percent of the total amount appropriated for that
fiscal year for grants under subsection (b).
(2) Exception.--The United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands shall each be
allocated 0.2 percent of the total amount appropriated for that
fiscal year for grants under subsection (b).
(d) Performance Evaluation.--
(1) Evaluation components.--
(A) In general.--Each facility or program funded
under this section shall contain an evaluation
component developed pursuant to guidelines established
by the Administrator.
(B) Outcome measures.--The evaluations required by
this subsection shall include outcome measures that can
be used to determine the effectiveness of the funded
programs, including the effectiveness of such programs
in comparison with other correctional programs or
dispositions in reducing the incidence of recidivism,
and other outcome measures.
(2) Periodic review and reports.--
(A) Review.--The Administrator shall review the
performance of each grant recipient under this section.
(B) Reports.--The Administrator may require a grant
recipient to submit to the Office of Juvenile Justice
and Delinquency Prevention the results of the
evaluations required under paragraph (1) and such other
data and information as are reasonably necessary to
carry out the Administrator's responsibilities under
this section.
(e) Technical Assistance and Training.--The Administrator shall
provide technical assistance and training to States and units of local
government that receive grants under this section to achieve the
purposes of this section.
(f) Definitions.--As used in this section--
(1) the term ``Administrator'' means the Administrator of
the Office of Juvenile Justice and Delinquency Prevention
Programs;
(2) the term ``qualifying State'' means a State that has
submitted, or a State in which an eligible unit of local
government has submitted, a grant application that meets the
requirements of subsections (b) and (d); and
(3) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $75,000,000 for fiscal year 1996;
(2) $100,000,000 for fiscal year 1997;
(3) $190,000,000 for fiscal year 1998;
(4) $200,000,000 for fiscal year 1999; and
(5) $207,000,000 for fiscal year 2000.
SEC. 3. COMPENSATING REDUCTION OF AUTHORIZATION OF APPROPRIATIONS.
Section 20109 of the Violent Crime Control and Law Enforcement Act
of 1994 is amended by striking paragraphs (2) through (6) and inserting
the following:
``(2) $675,000,000 for fiscal year 1996;
``(3) $900,000,000 for fiscal year 1997;
``(4) $1,710,000,000 for fiscal year 1998;
``(5) $1,800,000,000 for fiscal year 1999; and
``(6) $1,863,000,000 for fiscal year 2000.''.
SEC. 4. REPORT ON ACCOUNTABILITY AND PERFORMANCE MEASURES IN JUVENILE
CORRECTIONS PROGRAMS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall, after consultation with
the National Institute of Justice and other appropriate governmental
and nongovernmental organizations, submit to Congress a report
regarding the possible use of performance-based criteria in evaluating
and improving the effectiveness of juvenile corrections facilities and
programs.
(b) Contents.--The report required under this section shall
discuss--
(1) the range of performance-based measures that might be
utilized as evaluation criteria, including measures of
recidivism among juveniles who have been incarcerated in
facilities or have participated in correctional programs;
(2) the feasibility of linking Federal juvenile corrections
funding to the satisfaction of performance-based criteria by
grantees (including the use of a Federal matching mechanism
under which the share of Federal funding would vary in relation
to the performance of a program or facility);
(3) whether, and to what extent, the data necessary for the
Office of Juvenile Justice and Delinquency Prevention to
utilize performance-based criteria in its administration of
juvenile corrections programs are collected and reported
nationally; and
(4) the estimated cost and feasibility of establishing
minimal, uniform data collection and reporting standards
nationwide that would allow for the use of performance-based
criteria in evaluating juvenile corrections programs and
facilities and administering Federal juvenile corrections
funds. | Juvenile Corrections Act of 1995 - Authorizes the Administrator of Juvenile Justice and Delinquency Prevention to make grants to assist States and local governments in planning, establishing, and operating secure facilities, staff-secure facilities, detention centers, and other correctional programs for violent and serious chronic juvenile offenders.
Sets forth provisions regarding: (1) application requirements; (2) minimum amounts allocated to qualifying States; (3) performance evaluations; and (4) technical assistance and training. Authorizes appropriations.
Amends the Violent Crime Control and Law Enforcement Act of 1994 to make a compensating reduction of the authorization of appropriations from Violent Offender Incarceration and Truth in Sentencing Incentive Grants.
Directs the Administrator to submit to the Congress a report regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile corrections facilities and programs. | {"src": "billsum_train", "title": "Juvenile Corrections Act of 1995"} | 1,281 | 195 | 0.589773 | 1.492816 | 0.960344 | 4.759259 | 7.333333 | 0.895062 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless Communications and Public
Safety Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the establishment and maintenance of an end-to-end
emergency communications infrastructure among members of the
public, local public safety, fire service, and law enforcement
officials, emergency dispatch providers, and hospital emergency
and trauma care facilities will reduce response times for the
delivery of emergency care, assist in delivering appropriate
care, and thereby prevent fatalities, substantially reduce the
severity and extent of injuries, reduce time lost from work,
and save thousands of lives and billions of dollars in health
care costs;
(2) the rapid, efficient deployment of emergency
telecommunications service requires statewide coordination of
the efforts of local public safety, fire service, and law
enforcement officials, and emergency dispatch providers, and
the designation of 911 as the number to call in emergencies
throughout the Nation;
(3) improved public safety remains an important public
health objective of Federal, State, and local governments and
substantially facilitates interstate and foreign commerce;
(4) the benefits of wireless communications in emergencies
will be enhanced by the development of state-wide plans to
coordinate the efforts of local public safety, fire service,
and law enforcement officials, emergency dispatch providers,
emergency medical service providers on end-to-end emergency
communications infrastructures; and
(5) the construction and operation of seamless, ubiquitous,
and reliable wireless telecommunications systems promote public
safety and provide immediate and critical communications links
among members of the public, emergency medical service
providers and emergency dispatch providers, public safety, fire
service and law enforcement officials, and hospital emergency
and trauma care facilities.
(b) Purpose.--The purpose of this Act is to encourage and
facilitate the prompt deployment throughout the United States of a
seamless, ubiquitous, and reliable end-to-end infrastructure for
communications, including wireless communications, to meet the Nation's
public safety and other communications needs.
SEC. 3. UNIVERSAL EMERGENCY TELEPHONE NUMBER.
(a) Establishment of Universal Service Emergency Telephone
Number.--Section 251(e) of the Communications Act of 1934 (47 U.S.C.
251(e)) is amended by adding at the end the following new paragraph:
``(3) Universal emergency telephone number.--The Commission
and any agency or entity to which the Commission has delegated
authority under this subsection shall designate 911 as the
universal emergency telephone number within the United States
for reporting an emergency to appropriate authorities and
requesting assistance. Such designation shall apply to both
wireline and wireless telephone service. In making such
designation, the Commission (and any such agency or entity)
shall provide appropriate transition periods for areas in which
911 is not in use as an emergency telephone number on the date
of the enactment of the Wireless Communications and Public
Safety Act of 1999.''.
(b) Technical Support.--The Federal Communications Commission shall
provide technical support to States to support and encourage the
development of statewide plans for the deployment and functioning of a
comprehensive end-to-end emergency communications infrastructure,
including enhanced wireless 911 service, on a coordinated statewide
basis. In supporting and encouraging such deployment and functioning,
the Commission shall consult and cooperate with State and local
officials responsible for emergency services and public safety, the
telecommunications industry (specifically including the cellular and
other wireless telecommunications service providers), the motor vehicle
manufacturing industry, emergency medical service providers and
emergency dispatch providers, special 911 districts, public safety,
fire service and law enforcement officials, consumer groups, and
hospital emergency and trauma care personnel (including emergency
physicians, trauma surgeons, and nurses).
SEC. 4. PARITY OF PROTECTION FOR PROVISION OR USE OF WIRELESS SERVICE.
(a) Provider Parity.--A wireless carrier, and its officers,
directors, employees, vendors, and agents, shall have immunity or other
protection from liability of a scope and extent that is not less than
the scope and extent of immunity or other protection from liability in
a particular jurisdiction that a local exchange company, and its
officers, directors, employees, vendors, or agents, have under Federal
and State law applicable in such jurisdiction with respect to wireline
services, including in connection with an act or omission involving--
(1) development, design, installation, operation,
maintenance, performance, or provision of wireless service;
(2) transmission errors, failures, network outages, or
other technical difficulties that may arise in the course of
transmitting or handling emergency calls or providing emergency
services (including wireless 911 service); and
(3) release to a PSAP, emergency medical service provider
or emergency dispatch provider, public safety, fire service or
law enforcement official, or hospital emergency or trauma care
facility of subscriber information related to emergency calls
or emergency services involving use of wireless services.
(b) User Parity.--A person using wireless 911 service shall have
immunity or other protection from liability in a particular
jurisdiction of a scope and extent that is not less than the scope and
extent of immunity or other protection from liability under Federal or
State law applicable in such jurisdiction in similar circumstances of a
person using 911 service that is not wireless.
(c) Exception for State Legislative Action.--The immunity or other
protection from liability required by subsection (a)(1) shall not apply
in any State that, prior to the expiration of 2 years after the date of
the enactment of this Act, enacts a statute that specifically refers to
this section and establishes a different standard of immunity or other
protection from liability with respect to an act or omission involving
development, design, installation, operation, maintenance, performance,
or provision of wireless service (other than wireless 911 service). The
enactment of such a State statute shall not affect the immunity or
other protection from liability required by such subsection (a)(1) with
respect to acts or omissions occurring before the date of the enactment
of such State statute.
SEC. 5. AUTHORITY TO PROVIDE CUSTOMER INFORMATION.
Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) in subsection (d)--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting a semicolon;
(C) by adding at the end the following new
paragraphs:
``(4) to provide call location information concerning the
user of a commercial mobile service (as such term is defined in
section 332(d))--
``(A) to a public safety answering point, emergency
medical service provider or emergency dispatch
provider, public safety, fire service, or law
enforcement official, or hospital emergency or trauma
care facility, in order to respond to the user's call
for emergency services;
``(B) to inform the user's legal guardian or
members of the user's immediate family of the user's
location in an emergency situation that involves the
risk of death or serious physical harm; or
``(C) to providers of information or database
management services solely for purposes of assisting in
the delivery of emergency services in response to an
emergency; or
``(5) to transmit automatic crash notification information
as part of the operation of an automatic crash notification
system.'';
(2) by redesignating subsection (f) as subsection (h) and
by inserting before such subsection the following new
subsections:
``(f) Authority To Use Wireless Location Information.--For purposes
of subsection (c)(1), without the express prior authorization of the
customer, a customer shall not be considered to have approved the use
or disclosure of or access to--
``(1) call location information concerning the user of a
commercial mobile service (as such term is defined in section
332(d)), other than in accordance with subsection (d)(4); or
``(2) automatic crash notification information to any
person other than for use in the operation of an automatic
crash notification system.
``(g) Subscriber Listed and Unlisted Information for Emergency
Services.--Notwithstanding subsections (b), (c), and (d), a
telecommunications carrier that provides telephone exchange service
shall provide information described in subsection (h)(3)(A) (including
information pertaining to subscribers whose information is unlisted or
unpublished) that is in its possession or control (including
information pertaining to subscribers of other carriers) on a timely
and unbundled basis, under nondiscriminatory and reasonable rates,
terms, and conditions to providers of emergency services, and providers
of emergency support services, solely for purposes of delivering or
assisting in the delivery of emergency services.'';
(3) in subsection (h)(1)(A) (as redesignated by paragraph
(2)), by inserting ``location,'' after ``destination,''; and
(4) in such subsection (h), by adding at the end the
following new paragraphs:
``(4) Public safety answering point.--The term `public
safety answering point' means a facility that has been
designated to receive emergency calls and route them to
emergency service personnel.
``(5) Emergency services.--The term `emergency services'
means 911 emergency services and emergency notification
services.
``(6) Emergency notification services.--The term `emergency
notification services' means services that notify the public of
an emergency.
``(7) Emergency support services.--The term `emergency
support services' means information or data base management
services used in support of emergency services.''.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) The term ``State'' means any of the several States, the
District of Columbia, or any territory or possession of the
United States.
(2) The term ``public safety answering point'' or ``PSAP''
means a facility that has been designated to receive emergency
calls and route them to emergency service personnel.
(3) The term ``wireless carrier'' means a provider of
commercial mobile services or any other radio communications
service that the Federal Communications Commission requires to
provide wireless emergency service.
(4) The term ``enhanced wireless 911 service'' means any
enhanced 911 service so designated by the Federal
Communications Commission in the proceeding entitled ``Revision
of the Commission's Rules to Ensure Compatibility with Enhanced
911 Emergency Calling Systems'' (CC Docket No. 94-102; RM-
8143), or any successor proceeding.
(5) The term ``wireless 911 service'' means any 911 service
provided by a wireless carrier, including enhanced wireless 911
service.
Passed the House of Representatives February 24, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Wireless Communications and Public Safety Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) (and any other agency or entity to which the FCC has delegated such authority) to designate 911 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance. Applies such designation to both wireline and wireless telephone service. Requires the FCC to provide technical support to States for the deployment and functioning of a comprehensive emergency communications infrastructure, including enhanced wireless 911 service, on a coordinated statewide basis. (Sec. 4) Provides immunity from liability, to the same extent as provided to local telephone exchange companies, for providers of wireless 911 service. Provides immunity for users of wireless 911 service to the same extent as provided to users of 911 service that is not wireless. (Sec. 5) Authorizes telecommunications carriers to: (1) provide call location information concerning the user of a commercial mobile service to providers of emergency services, to inform such user's legal guardian or family members of the user's location in an emergency situation involving the risk of death or serious bodily injury, or to providers of information services to assist in the delivery of emergency response services; and (2) transmit automatic crash notification system information as part of the operation of such a system. Requires the express prior customer authorization of the use of either of the above information for other than the stated purposes. Requires a telecommunications carrier that provides telephone exchange service to provide subscriber list information (including information on unlisted subscribers) that is in its sole possession or control to providers of emergency services and emergency support services for use solely in delivering, or assisting in delivering, emergency services. | {"src": "billsum_train", "title": "Wireless Communications and Public Safety Act of 1999"} | 2,315 | 382 | 0.590285 | 1.717064 | 0.743441 | 3.522388 | 6.647761 | 0.931343 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Consideration of Proposed
Revenue Amendments Act of 1993''.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:
``expedited consideration of certain proposed revenue amendments
``Sec. 1013. (a) Proposed Amendments to the Internal Revenue Code
of 1986.--The President may propose, at the time and in the manner
provided in subsection (b), the repeal of any provisions of the
Internal Revenue Code.
``(b) Transmittal of Special Message.--Not later than 3 days after
the date of enactment of a law amending the Internal Revenue Code of
1986, the President may transmit to Congress a special message
proposing to repeal any amendments contained in that law and include
with that special message a draft bill or joint resolution that, if
enacted, would only repeal those amendments.
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second day of continuous
session of the applicable House after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of Congress
in which the law involved originated shall introduce (by
request) the draft bill or joint resolution accompanying that
special message. If the bill or joint resolution is not
introduced as provided in the preceding sentence, then, on the
third day of continuous session of that House after the date of
receipt of that special message, any Member of that House may
introduce the bill or joint resolution.
``(B) The bill or joint resolution shall be referred to the
Committee on Ways and Means or the Committee on Finance, as the
case may be. The committee shall report the bill or joint
resolution without substantive revision and with or without
recommendation. The bill or joint resolution shall be reported
not later than the seventh day of continuous session of that
House after the date of receipt of that special message. If the
committee fails to report the bill or joint resolution within
that period, that committee shall be automatically discharged
from consideration of the bill or joint resolution, and the
bill or joint resolution shall be placed on the appropriate
calendar.
``(C) A vote on final passage of the bill or joint
resolution shall be taken in that House on or before the close
of the 10th calendar day of continuous session of that House
after the date of the introduction of the bill or joint
resolution in that House. If the bill or joint resolution is
agreed to, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the bill or joint resolution to be engrossed, certified, and
transmitted to the other House of Congress on the same calendar
day on which the bill or joint resolution is agreed to.
``(2)(A) A bill or joint resolution transmitted to the
House of Representatives or the Senate pursuant to paragraph
(1)(C) shall be referred to the Committee on Ways and Means or
the Committee on Finance, as the case may be. The committee
shall report the bill or joint resolution without substantive
revision and with or without recommendation. The bill or joint
resolution shall be reported not later than the seventh day of
continuous session of that House after it receives the bill or
joint resolution. A committee failing to report the bill or
joint resolution within such period shall be automatically
discharged from consideration of the bill or joint resolution,
and the bill or joint resolution shall be placed upon the
appropriate calendar.
``(B) A vote on final passage of a bill or joint resolution
transmitted to that House shall be taken on or before the close
of the 10th calendar day of continuous session of that House
after the date on which the bill or joint resolution is
transmitted. If the bill or joint resolution is agreed to in
that House, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the engrossed bill or joint resolution to be returned to the
House in which the bill or joint resolution originated.
``(3)(A) A motion in the House of Representatives to
proceed to the consideration of a bill or joint resolution
under this section shall be highly privileged and not
debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
``(B) Debate in the House of Representatives on a bill or
joint resolution under this section shall not exceed 4 hours,
which shall be divided equally between those favoring and those
opposing the bill or joint resolution. A motion further to
limit debate shall not be debatable. It shall not be in order
to move to recommit a bill or joint resolution under this
section or to move to reconsider the vote by which the bill or
joint resolution is agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill or joint resolution under this
section shall be decided without debate.
``(D) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
bill or joint resolution under this section shall be governed
by the Rules of the House of Representatives.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill or joint resolution under this section
shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the Senate on a bill or joint resolution
under this section, and all debatable motions and appeals in
connection therewith, shall not exceed 10 hours. The time shall
be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill or joint resolution under this
section shall be limited to not more than 1 hour, to be equally
divided between, and controlled by, the mover and the manager
of the bill or joint resolution, except that in the event the
manager of the bill or joint resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control
on the passage of a bill or joint resolution, allot additional
time to any Senator during the consideration of any debatable
motion or appeal.
``(D) A motion in the Senate to further limit debate on a
bill or joint resolution under this section is not debatable. A
motion to recommit a bill or joint resolution under this
section is not in order.
``(d) Amendments Prohibited.--No amendment to a bill or joint
resolution considered under this section shall be in order in either
the House of Representatives or the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
``(e) Definitions.--For purposes of this section, continuity of a
session of either House of Congress shall be considered as broken only
by an adjournment of that House sine die, and the days on which that
House is not in session because of an adjournment of more than 3 days
to a date certain shall be excluded in the computation of any
period.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013 and 1018''; and
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012 or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)(B), by striking ``1013''
and inserting ``1014''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed revenue
amendments.''.
SEC. 3. TERMINATION.
The authority provided by section 1013 of the Congressional Budget
and Impoundment Control Act of 1974 (as added by section 2) shall
terminate effective on the date in 1994 on which Congress adjourns sine
die. | Expedited Consideration of Proposed Revenue Amendments Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President, not later than three days after the enactment of a law amending the Internal Revenue Code, to propose the repeal of any provision contained in that law by special message to the Congress.
Sets forth House and Senate procedures for expedited consideration of such a proposal. | {"src": "billsum_train", "title": "Expedited Consideration of Proposed Revenue Amendments Act of 1993"} | 2,374 | 95 | 0.603563 | 1.48365 | 1.099718 | 3.346667 | 29.306667 | 0.893333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Putting Parents First Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the family plays a unique role in our culture, it is
the institution by which we inculcate and pass down many of our
most cherished values;
(2) the custody, care, and nurture of the child reside
first in the parents, whose primary function and freedom
include preparation for obligations the State can neither
supply nor hinder;
(3) parents have the right and duty to be involved in
helping their minor children make important life decisions;
(4) whether or not to beget a child is the most fundamental
decision in our culture;
(5) parental involvement in this crucial decision is
necessary to ensure that the sanctity of human life is given
appropriate consideration;
(6) parental inclusion will result in the protection of
human life; and
(7) Congress is granted authority in section 5 of the 14th
Amendment to the Constitution of the United States to enact
laws that protect the right to life.
TITLE I--PARENTAL INVOLVEMENT IN THE ABORTION DECISION
SEC. 101. PARENTAL CONSENT OR JUDICIAL BYPASS REQUIRED.
(a) In General.--No individual shall knowingly perform an abortion
upon or prescribe an abortifacient to a pregnant woman under the age of
18 years unless--
(1) the attending physician has secured the informed
written consent of the minor and a parent or guardian of the
minor; or
(2) the attending physician has secured the informed
written consent of the minor and a court order waiving the need
for the consent of a parent or guardian pursuant to the
judicial bypass procedure described in section 102.
(b) Penalty.--Any person who violates subsection (a) shall be fined
not more than $25,000, or imprisoned for not more than 1 year, or both.
SEC. 102. JUDICIAL BYPASS.
(a) In General.--A court of competent jurisdiction shall issue an
order waiving the requirement for the informed written consent of a
parent or guardian under section 101 if the court finds by clear and
convincing evidence on an individual basis that--
(1) the process of obtaining the informed written consent
of such parent or guardian is not in the best interests of the
minor petitioner; or
(2) the minor petitioner is an emancipated minor.
(b) Procedures.--
(1) Confidential proceedings.--A proceeding under this
section shall be done under seal, be confidential, and ensure
the anonymity of the minor petitioner.
(2) Filing.--A minor or a minor's legal representative may
file a petition under this section using the initials of the
minor.
(3) Preference.--Proceedings under this section shall--
(A) be given preference over other proceedings;
(B) be expedited to the extent possible; and
(C) be concluded not later than 72 hours after the
filing of the petition unless an extension is sought by
the minor petitioner.
(4) Findings.--A court that conducts proceedings under this
section shall make written findings of fact and conclusions of
law supporting its decision and shall maintain a confidential
record of the proceedings to facilitate appellate review.
(5) Review.--A decision under this section denying a
request to waive the requirement for the informed consent of a
parent or guardian under section 101 shall be eligible for
expedited appellate review.
(c) Definitions.--In this section:
(1) Court of competent jurisdiction.--The term ``court of
competent jurisdiction'' means any State court eligible to hear
juvenile or family law matters, except that States may
designate specific State courts to consider petitions for
judicial bypass under this section.
(2) Expedited appellate review.--The term ``expedited
appellate review'' means review by whatever court juvenile or
family law matters are generally appealed to, except that
States may designate specific appellate courts to consider
appeals under this section.
SEC. 103. APPLICATION OF STATE LAWS.
The provisions of this title shall not be construed to preempt
provisions of State law that provide greater protections to parents of
minors seeking abortions than the protections provided by this title.
TITLE II--PARENTAL INVOLVEMENT IN DECISIONS CONCERNING CONTRACEPTIVES
AND ABORTION REFERRALS
SEC. 201. REQUIREMENT OF PRIOR PARENTAL CONSENT.
(a) In General.--All federally funded programs that provide for the
distribution of contraceptive drugs or devices to minors, or that
provide abortion referrals to minors, are, except as provided in
subsection (b), required to obtain informed written consent of a
custodial parent or custodial legal guardian of a minor prior to the
provision of contraceptive drugs or devices or abortion referral
information to the minor.
(b) Exception.--The requirement of prior written consent under
subsection (a) shall not apply where the minor provides a court order
waiving the need for consent of a parent or guardian pursuant to the
procedure described in subsection (c).
(c) Judicial Bypass.--
(1) In general.--A court of competent jurisdiction shall
issue an order waiving the requirement for the informed written
consent of a parent or guardian under subsection (a) if the
court finds by clear and convincing evidence on an individual
basis that--
(A) the process of obtaining the informed written
consent of such parent or guardian is not in the best
interests of the minor petitioner; or
(B) the minor petitioner is an emancipated minor.
(2) Procedures.--
(A) Confidential proceedings.--A proceeding under
this subsection shall be done under seal, be
confidential, and ensure the anonymity of the minor
petitioner.
(B) Filing.--A minor or a minor's legal
representative may file a petition under this
subsection using the initials of the minor.
(C) Preference.--Proceedings under this subsection
shall--
(i) be given preference over other
proceedings;
(ii) be expedited to the extent possible;
and
(iii) be concluded not later than 72 hours
after the filing of the petition unless an
extension is sought by the minor petitioner.
(D) Findings.--A court that conducts proceedings
under this subsection shall make written findings of
fact and conclusions of law supporting its decision and
shall maintain a confidential record of the proceedings
to facilitate appellate review.
(E) Review.--A decision under this subsection
denying a request to waive the requirement for the
informed consent of a parent or guardian under
subsection (a) shall be eligible for expedited
appellate review.
(3) Definitions.--In this subsection:
(A) Court of competent jurisdiction.--The term
``court of competent jurisdiction'' means any State
court eligible to hear juvenile or family law matters,
except that States may designate specific State courts
to consider petitions for judicial bypass under this
subsection.
(B) Expedited appellate review.--The term
``expedited appellate review'' means review by whatever
court juvenile or family law matters are generally
appealed to, except that States may designate specific
appellate courts to consider appeals under this
subsection.
(d) Use of State Funds.--Nothing in this section shall be construed
as prohibiting the distribution of contraceptive drugs or devices, or
the provision of abortion referral information, to unemancipated minors
without obtaining prior written parental consent as required under
subsection (a) if--
(1) the distribution of such drugs or devices or the
provision of such information is paid for through the
expenditure by a State of State funds regardless of whether
such State funds are provided as part of the State's
contribution to a Federal program; and
(2) the State, after the date of enactment of this
subsection, takes affirmative action to allow the provision of
such drugs, devices or information through the use of State
funds without requiring such parental consent.
(e) Applicability of State Law.--Notwithstanding any other
provision of law, no provider of services to which this section applies
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest. | TABLE OF CONTENTS:
Title I: Parental Involvement in the Abortion Decision
Title II: Parental Involvement in Decisions Concerning
Contraceptives and Abortion Referrals
Putting Parents First Act -
Title I: Parental Involvement in the Abortion Decision
- Prohibits, and sets penalties for, knowingly performing an abortion upon or prescribing an abortifacient to a pregnant woman under age 18 unless the attending physician has secured the informed written consent of the minor and: (1) the informed written consent of the minor's parent or guardian; or (2) a court order waiving the need for the parent's or guardian's consent pursuant to a judicial bypass procedure under this title. Requires a court to issue such an order if it finds by clear and convincing evidence on an individual basis that: (1) the process of obtaining such consent is not in the best interests of the minor petitioner; or (2) the minor petitioner is an emancipated minor. Sets forth procedures regarding confidentiality, filing of the petition, preference over other proceedings, findings, and expedited appellate review.
(Sec. 103) Specifies that the provisions of this title shall not be construed to preempt State law provisions that provide greater protections to parents of minors seeking abortions.
Title II: Parental Involvement in Decisions Concerning Contraceptives and Abortion Referrals
- Requires all federally funded programs that provide for the distribution of contraceptive drugs or devices to minors or that provide abortion referrals to minors to obtain informed written consent of a custodial parent or custodial legal guardian prior to the provision of such drugs or devices or referral information to the minor, with an exception. Requires a court to issue an order waiving such requirement if it finds by clear and convincing evidence on an individual basis that: (1) the process of obtaining such consent is not in the best interests of the minor petitioner; or (2) the minor petitioner is an emancipated minor. Sets forth procedures regarding confidentiality, filing of the petition, preference over other proceedings, findings, and expedited appellate review.
Specifies that nothing in this title shall be construed as prohibiting the distribution of contraceptive drugs or devices, or the provision of abortion referral information, to unemancipated minors without obtaining prior written parental consent if: (1) the distribution is paid for through the expenditure by a State of State funds, regardless of whether such State funds are provided as part of the State's contribution to a Federal program; and (2) the State takes affirmative action to allow the provision of such drugs, devices, or information through the use of State funds without requiring such parental consent. | {"src": "billsum_train", "title": "Putting Parents First Act"} | 1,864 | 622 | 0.669172 | 2.201549 | 0.762164 | 4.901961 | 3.190196 | 0.909804 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Criminal Alien Assistance
Program II and Local Medical Emergency Reimbursement Act''.
TITLE I--STATE CRIMINAL ALIEN ASSISTANCE PROGRAM II
SEC. 101. SHORT TITLE.
This Act may be cited as the ``State Criminal Alien Assistance
Program II Act of 2000''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Federal policies and strategies aimed at curbing
illegal immigration and criminal alien activity implemented
along our Nation's southwest border influence the number of
crossings, especially their location.
(2) States and local governments were reimbursed
approximately 60 percent of the costs of the incarceration of
criminal aliens in fiscal year 1996 when only 90 jurisdictions
applied for such reimbursement. In subsequent years, the number
of local jurisdictions receiving reimbursement has increased.
For fiscal year 1999, 280 local jurisdictions applied, and
reimbursement amounted to only 40 percent of the costs incurred
by those jurisdictions.
(3) Certain counties, often with a small taxpayer base,
located on or near the border across from sometimes highly
populated areas of Mexico, suffer a substantially
disproportionate share of the impact of criminal illegal aliens
on its law enforcement and criminal justice systems.
(4) A University of Arizona study released in January 1998
reported that at least 2 of the 4 counties located on Arizona's
border of Mexico, Santa Cruz and Cochise Counties, are burdened
with this problem--
(A) for example, in 1998, Santa Cruz County had
12.7 percent of Arizona's border population but 50
percent of alien crossings and 32.5 percent of illegal
alien apprehensions;
(B) for fiscal year 1998, it is estimated that, of
its total criminal justice budget of $5,033,000, Santa
Cruz County spent $1,900,000 (39 percent) to process
criminal illegal aliens, of which over half was not
reimbursed by Federal monies; and
(C) Santa Cruz County has not obtained relief from
this burden, despite repeated appeals to Federal and
State officials.
(5) In the State of Texas, the border counties of Cameron,
Dimmit, El Paso, Hidalgo, Kinney, Val Verde, and Webb bore the
unreimbursed costs of apprehension, prosecution, indigent
defense, and other related services for criminal aliens who
served more than 142,000 days in county jails.
(6) Throughout Texas nonborder counties bore similar
unreimbursed costs for apprehension, prosecution, indigent
defense, and other related services for criminal aliens who
served more than 1,000,000 days in county jails.
(7) The State of Texas has incurred substantial additional
unreimbursed costs for State law enforcement efforts made
necessary by the presence of criminal illegal aliens.
(8) The Federal Government should reimburse States and
units of local government for the related costs incurred by the
State for the imprisonment of any illegal alien.
(9) According to data from the Immigration and
Naturalization Service, 27 percent of all Border Patrol
apprehensions along the U.S.-Mexico border in fiscal year 1999
took place in the San Diego and El Centro sectors of
California. Yet, those counties were reimbursed for only a
fraction of the expenses associated with the criminal activity
of illegal aliens.
(10) It is estimated that it costs in excess of $50,000,000
to San Diego and Imperial County hospitals to treat
undocumented individuals in emergency rooms. In October of
1997 the California State Auditor issued a report that estimated
between $4,900,000 and $8,100,000 of unreimbursed medical expenses were
incurred by U.S. Border Patrol ``dumping''.
(11) One example of costs incurred by health providers
involved an overturned van containing 20 undocumented persons
in Imperial County. One of the victims involved a young man who
suffered head trauma. This patient never regained consciousness
and the costs of his care were magnified by treating him at an
acute level, as placement to a lower level of care was not
possible. The cost of providing care for this patient alone was
in excess of $200,000.
(b) Purpose.--The purpose of this title is--
(1) to assist States and local communities by providing
financial assistance for expenditures for illegal juvenile
aliens, and for related costs to States and units of local
government that suffer a substantially disproportionate share
of the impact of criminal illegal aliens on their law
enforcement and criminal justice systems; and
(2) to ensure equitable treatment for those States and
local governments that are affected by Federal policies and
strategies aimed at curbing illegal immigration and criminal alien
activity implemented on the southwest border.
SEC. 103. REIMBURSEMENT OF STATES AND POLITICAL SUBDIVISIONS FOR
INDIRECT COSTS RELATING TO THE INCARCERATION OF ILLEGAL
ALIENS.
Section 501 of the Immigration Reform and Control Act of 1986 (8
U.S.C. 1365) is amended--
(1) in subsection (a), by striking ``a State for'' and all
that follows through the end and inserting the following: ``a
State (or, if appropriate, a political subdivision of the
State) for--
``(1) the costs incurred by the State or political
subdivision for the imprisonment of any illegal alien or Cuban
national who is convicted of a felony by such State; and
``(2) the indirect costs related to the imprisonment
described in paragraph (1).'';
(2) by striking subsection (c) and inserting the following:
``(c) Indirect Costs Defined.--In subsection (a), the term
`indirect costs' includes--
``(1) court costs, county attorney costs, and criminal
proceedings expenditures that do not involve going to trial;
``(2) indigent defense; and
``(3) unsupervised probation costs.''; and
(3) by amending subsection (d) to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 to carry out subsection (a) for each of the
fiscal years 2001 through 2004.''.
SEC. 104. REIMBURSEMENT OF STATES AND POLITICAL SUBDIVISIONS FOR COSTS
OF INCARCERATING JUVENILE ALIENS.
(a) In General.--Section 501 of the Immigration Reform and Control
Act of 1986 (8 U.S.C. 1365), as amended by section 103 of this Act, is
further amended--
(1) in subsection (a)(1), by inserting ``or illegal
juvenile alien who has been adjudicated delinquent or committed
to a juvenile correctional facility by such State or locality''
before the semicolon;
(2) in subsection (b), by inserting ``(including any
juvenile alien who has been adjudicated delinquent or has been
committed to a correctional facility)'' before ``who is in the
United States unlawfully''; and
(3) by adding at the end the following:
``(f) Juvenile Alien Defined.--In this section, the term `juvenile
alien' means an alien (as defined in section 101(a)(3) of the
Immigration and Nationality Act) who has been adjudicated delinquent or
committed to a correctional facility by a State or locality as a
juvenile offender.''.
(b) Annual Report.--Section 332 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the number of illegal juvenile aliens (as defined in
section 501(f) of the Immigration Reform and Control Act) that
are committed to State or local juvenile correctional
facilities, including the type of offense committed by each
juvenile.''.
(c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) is a juvenile alien with respect to
whom section 501 of the Immigration Reform and
Control Act of 1986 applies.''.
SEC. 105. REIMBURSEMENT OF STATES BORDERING MEXICO OR CANADA.
Section 501 of the Immigration Reform and Control Act of 1986 (8
U.S.C. 1365), as amended by sections 103 and 104 of this Act, is
further amended by adding at the end the following new subsection:
``(g) Manner of Allotment of Reimbursements.--Reimbursements under
this section shall be allotted in a manner that takes into account
special consideration for any State that--
``(1) shares a border with Mexico or Canada; or
``(2) includes within the State an area in which a large
number of undocumented aliens reside relative to the general
population of the area.''.
TITLE II--REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY HEALTH
SERVICES TO UNDOCUMENTED ALIENS
SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIMBURSEMENT OF
EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED
ALIENS
(a) Total Amount Available for Allotment.--To the extent of
available appropriations under subsection (e), there are available for
allotments under this section for each of fiscal years 2002 through
2005, $200,000,000 for payments to certain States under this section.
(b) State Allotment Amount.--
(1) In general.--The Secretary shall compute an allotment
for each fiscal year beginning with fiscal year 2001 and ending
with fiscal year 2004 for each of the 17 States with the
highest number of undocumented aliens. The amount of such
allotment for each such State for a fiscal year shall bear the
same ratio to the total amount available for allotments under
subsection (a) for the fiscal year as the ratio of the number
of undocumented aliens in the State in the fiscal year bears to
the total of such numbers for all such States for such fiscal
year. The amount of allotment to a State provided under this
paragraph for a fiscal year that is not paid out under
subsection (c) shall be available for payment during the
subsequent fiscal year.
(2) Determination.--For purposes of paragraph (1), the
number of undocumented aliens in a State under this section
shall be determined based on estimates of the resident illegal
alien population residing in each State prepared by the
Statistics Division of the Immigration and Naturalization
Service as of October 1992 (or as of such later date if such
date is at least 1 year before the beginning of the fiscal year
involved).
(c) Use of Funds.--
(1) In general.--From the allotments made under subsection
(b) for a fiscal year, the Secretary shall pay to each State
amounts described in a State plan, submitted to the Secretary,
under which the amounts so allotted will be paid to local
governments, hospitals, and related providers of emergency
health services to undocumented aliens in a manner that--
(A) takes into account--
(i) each eligible local government's,
hospital's or related provider's payments under
the State plan approved under title XIX of the
Social Security Act for emergency medical
services described in section 1903(v)(2)(A) of
such Act (42 U.S.C. 1396b(v)(2)(A)) for such
fiscal year; or
(ii) an appropriate alternative proxy for
measuring the volume of emergency health
services provided to undocumented aliens by
eligible local governments, hospitals, and
related providers for such fiscal year; and
(B) provides special consideration for local
governments, hospitals, and related providers located
in--
(i) a county that shares a border with
Mexico or Canada; or
(ii) an area in which a large number of
undocumented aliens reside relative to the
general population of the area.
(2) Special rules.--For purposes of this subsection:
(A) A provider shall be considered to be
``related'' to a hospital to the extent that the
provider furnishes emergency health services to an
individual for whom the hospital also furnishes
emergency health services.
(B) Amounts paid under this subsection shall not
duplicate payments made under title XIX of the Social
Security Act for the provision of emergency medical
services described in section 1903(v)(2)(A) of such Act
(42 U.S.C. 1396b(v)(2)(A)).
(d) Definitions.--In this section:
(1) Hospital.--The term ``hospital'' has the meaning given
such term in section 1861(e) of the Social Security Act (42
U.S.C. 1395x(e)).
(2) Provider.--The term ``provider'' includes a physician,
another health care professional, and an entity that furnishes
emergency ambulance services.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) State.--The term ``State'' means the 50 States and the
District of Columbia.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2001 through 2005. | Defines such costs as: (1) court costs, county attorney costs, and non-trial criminal proceedings; (2) indigent defense; and (3) unsupervised probation costs. Authorizes appropriations.
Provides for the reimbursement of States for costs of incarcerating juvenile aliens.
Provides that reimbursement of States for incarcerating illegal aliens and certain Cuban nationals shall be allocated to give special consideration for any State that: (1) shares a border with Mexico or Canada; or (2) has a large number of undocumented aliens.
Title II: Reimbursement of States and Localities for Emergency Health Services to Undocumented Aliens
- Authorizes appropriations for allotments to States to be paid to local governments, hospitals, and other providers for emergency health services provided to undocumented aliens.
Provides special consideration for providers: (1) in a border county with Mexico or Canada; or (2) in an area with a large number of undocumented aliens.
Authorizes appropriations. | {"src": "billsum_train", "title": "State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act"} | 3,106 | 226 | 0.505131 | 1.580673 | 0.679347 | 4.27027 | 14.421622 | 0.940541 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal State Climate Change
Planning Act of 2008''.
SEC. 2. PLANNING FOR CLIMATE CHANGE IN THE COASTAL ZONE.
(a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C.
1451 et seq.) is amended by adding at the end the following:
``climate change adaptation planning
``Sec. 320. (a) In General.--The Secretary shall establish
consistent with the national policies set forth in section 303 a
coastal climate change adaptation planning and response program to--
``(1) provide assistance to coastal states to voluntarily
develop coastal climate change adaptation plans pursuant to
approved management programs approved under section 306, to
minimize contributions to climate change and to prepare for and
reduce the negative consequences that may result from climate
change in the coastal zone; and
``(2) provide financial and technical assistance and
training to enable coastal states to implement plans developed
pursuant to this section through coastal states' enforceable
policies.
``(b) Guidelines.--Within 180 days after the date of enactment of
this section, the Secretary, in consultation with the coastal states,
shall issue guidelines for the implementation of the grant program
established under subsection (c).
``(c) Climate Change Adaptation Planning Grants.--
``(1) In general.--The Secretary, subject to the
availability of appropriations, may make a grant to any coastal
state for the purpose of developing climate change adaptation
plans pursuant to guidelines issued by the Secretary under
subsection (b).
``(2) Plan content.--A plan developed with a grant under
this section shall include the following:
``(A) Identification of public facilities and
public services, coastal resources of national
significance, coastal waters, energy facilities, or
other water uses located in the coastal zone that are
likely to be impacted by climate change.
``(B) Adaptive management strategies for land use
to respond or adapt to changing environmental
conditions, including strategies to protect
biodiversity and establish habitat buffer zones,
migration corridors, and climate refugia.
``(C) Requirements to initiate and maintain long-
term monitoring of environmental change to assess
coastal zone adaptation and to adjust when necessary
adaptive management strategies and new planning
guidelines to attain the policies under section 303.
``(3) State hazard mitigation plans.--Plans developed with
a grant under this section shall be consistent with State
hazard mitigation plans developed under State or Federal law.
``(4) Allocation.--Grants under this section shall be
available only to coastal states with management programs
approved by the Secretary under section 306 and shall be
allocated among such coastal states in a manner consistent with
regulations promulgated pursuant to section 306(c).
``(5) Priority.--In the awarding of grants under this
subsection the Secretary may give priority to any coastal state
that has received grant funding to develop program changes
pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of
section 309(a).
``(6) Technical assistance.--The Secretary may provide
technical assistance to a coastal state consistent with section
310 to ensure the timely development of plans supported by
grants awarded under this subsection.
``(7) Federal approval.--In order to be eligible for a
grant under subsection (d), a coastal state must have its plan
developed under this section approved by the Secretary.
``(d) Coastal Adaptation Project Grants.--
``(1) In general.--The Secretary, subject to the
availability of appropriations, may make grants to any coastal
state that has a climate change adaptation plan approved under
subsection (c)(7), in order to support projects that implement
strategies contained within such plans.
``(2) Program requirements.--The Secretary within 90 days
after approval of the first plan approved under subsection
(c)(7), shall publish in the Federal Register requirements
regarding applications, allocations, eligible activities, and
all terms and conditions for grants awarded under this
subsection. No less than 30 percent, and no more than 50
percent, of the funds appropriated in any fiscal year for
grants under this subsection shall be awarded through a merit-
based competitive process.
``(3) Eligible activities.--The Secretary may award grants
to coastal states to implement projects in the coastal zone to
address stress factors in order to improve coastal climate
change adaptation, including the following:
``(A) Activities to address physical disturbances
within the coastal zone, especially activities related
to public facilities and public services, tourism,
sedimentation, and other factors negatively impacting
coastal waters, and fisheries-associated habitat
destruction or alteration.
``(B) Monitoring, control, or eradication of
disease organisms and invasive species.
``(C) Activities to address the loss, degradation
or fragmentation of wildlife habitat through projects
to establish marine and terrestrial habitat buffers,
wildlife refugia or networks thereof, and preservation
of migratory wildlife corridors and other transition
zones.
``(D) Implementation of projects to reduce,
mitigate, or otherwise address likely impacts caused by
natural hazards in the coastal zone, including sea
level rise, coastal inundation, coastal erosion and
subsidence, severe weather events such as cyclonic
storms, tsunamis and other seismic threats, and
fluctuating Great Lakes water levels.
``(E) Provide technical training and assistance to
local coastal policy makers to increase awareness of
science, management, and technology information related
to climate change and adaptation strategies.''.
(b) Authorization of Appropriations.--Section 318(a) of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1464) is further amended by
adding at the end the following:
``(4) for grants under section 320(c) and (d), such sums as
are necessary.''.
(c) Intent of Congress.--Nothing in this section shall be construed
to require any coastal state to amend or modify its approved management
program pursuant to section 306(e) of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1455(e)), or to extend the enforceable policies of a
coastal state beyond the coastal zone as identified in the coastal
state's approved management program. | Coastal State Climate Change Planning Act of 2008 - Amends the Coastal Zone Management Act of 1972 to establish a coastal climate change adaptation planning and response program to provide assistance to coastal states to voluntarily develop coastal climate change adaptation plans and to provide financial and technical assistance and training to enable coastal states to implement those plans through coastal states' enforceable policies.
Authorizes, subject to the availability of appropriations, grants to coastal states for developing the plans and grants for implementation. | {"src": "billsum_train", "title": "To amend the Coastal Zone Management Act of 1972 to authorize assistance to coastal states to develop coastal climate change adaptation plans pursuant to approved management programs approved under section 306, to minimize contributions to climate change, and for other purposes."} | 1,363 | 101 | 0.664319 | 1.634572 | 1.723782 | 4.202247 | 14.47191 | 0.966292 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Ownership Transparency Act
of 2017''.
SEC. 2. CERTIFICATION OF AIRCRAFT REGISTRATION.
(a) In General.--Before approving a certificate of registration
issued under section 44103 of title 49, United States Code, with a
covered entity, the Administrator of the Federal Aviation
Administration shall require the covered entity to--
(1) identify each beneficial owner of the covered entity
by--
(A) name;
(B) current residential or business street address;
(C) a unique identifying number from a nonexpired
passport issued by the United States or a nonexpired
drivers license issued by a State or if neither is
available, a legible and credible copy of the pages of
a nonexpired passport issued by the government of a
foreign country bearing a photograph, date of birth,
and unique identifying information for the person;
(D) nationality; and
(E) the make, model, and serial number of the
aircraft to be registered;
(2) in the case of a covered entity that is owned or
controlled by more than one entity, identify how each entity
relates to every other entity, including the extent to which
each entity holds an ownership interest in or exercises control
over another entity, and the relationship of each such entity
with the beneficial owners who are natural persons; and in
addition to each beneficial owner, identify each trust grantor,
trustee, trust protector, and beneficiary owner of the covered
entity that is a foreign person;
(3) in the case of a trust or association, identify the
chain of control that includes the owner, trustee, and
beneficiary; and
(4) disclose to the Administrator any beneficial owner of
the covered entity that is a foreign person.
(b) Timing.--
(1) In general.--The Administrator shall require a covered
entity to provide the information described in subsections
(a)(1) and (a)(2) when submitting an application for aircraft
certification.
(2) Updates.--The Administrator shall require a covered
entity to update a submission of the information described in
subsections (a)(1) and (a)(2) not later than 60 days after the
date of any change in--
(A) the list of beneficial owners of the covered
entity; or
(B) the information required to be provided
relating to each such beneficial owner.
(c) Definitions.--In this section, the following definitions apply:
(1) Beneficial owner.--
(A) In general.--Except as provided in subparagraph
(B), the term ``beneficial owner'' means, with respect
to a covered entity, each natural person who, directly
or indirectly--
(i) exercises control over the covered
entity through ownership interests, voting
rights, agreements, or otherwise; or
(ii) has an interest in or receives
substantial economic benefits from the assets
of the covered entity.
(B) Exceptions.--The term ``beneficial owner'' does
not include, with respect to a covered entity--
(i) a minor child;
(ii) a person acting as a trustee, nominee,
intermediary, custodian, or agent on behalf of
another person;
(iii) a person acting solely as an employee
of the covered entity and whose control over or
economic benefits from the covered entity
derives solely from the employment status of
the person;
(iv) a person whose only interest in the
covered entity is through a right of
inheritance, unless the person also meets the
requirements of subparagraph (A); or
(v) a creditor of the covered entity,
unless the creditor also meets the requirements
of subparagraph (A).
(C) Anti-abuse rule.--The exceptions under
subparagraph (B) shall not apply if used for the
purpose of evading, circumventing, or abusing the
requirements of this section.
(2) Covered entity.--The term ``covered entity'' means a
person, trust, association, copartnership, corporation, or
other public or private entity.
(3) Foreign person.--The term ``foreign person'' means an
individual who is not a United States person or an alien
lawfully admitted for permanent residence into the United
States.
(4) United states person.--The term ``United States
person'' means a natural person who is a citizen of the United
States or who owes permanent allegiance to the United States. | Aircraft Ownership Transparency Act of 2017 This bill requires the Federal Aviation Administration to obtain the identity of each beneficial owner of an entity seeking a certificate of registration for an aircraft. "Beneficial owner" is defined as a natural person who exercises control over or has an interest in the entity seeking the aircraft registration. | {"src": "billsum_train", "title": "Aircraft Ownership Transparency Act of 2017"} | 997 | 74 | 0.529601 | 1.357562 | 0.619797 | 2.050847 | 15.322034 | 0.830508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Jobs Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Duties of the General Counsel and Administrative Law Judges.--
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
(1) in section 3(d), by striking ``and issuance of
complaints under section 10, and in respect of the prosecution
of such complaints before the Board''; and
(2) in section 4(a), by striking the fourth sentence.
(b) Clarification of the Board's Rulemaking Authority.--Section 6
of such Act (29 U.S.C. 156) is amended by adding at the end the
following: ``Such rulemaking authority shall be limited to rules
concerning the internal functions of the Board. The Board shall not
promulgate rules or regulations that affect the substantive or
procedural rights of any person, employer, employee, or labor
organization, including rules and regulations concerning unfair labor
practices and representation elections.''.
(c) Investigatory Power and Adjudicatory Authority Over Unfair
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 160) is
amended--
(1) in subsection (a)--
(A) by striking ``prevent any person from engaging
in'' and inserting ``investigate''; and
(B) by striking ``This power shall'' and all that
follows through the end of the subsection;
(2) in subsection (b)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it appears'';
(B) by striking ``or is engaging in'' and inserting
``, is engaging in, or is about to engage in'';
(C) by striking ``the Board, or any agent'' and all
that follows through ``Provided, That no complaint
shall issue'' and inserting ``the aggrieved person may
bring a civil action for such relief (including an
injunction) as may be appropriate. Any such civil
action may be brought in the district court of the
United States where the violation occurred, or, at the
option of the parties, in the United States District
Court for the District of Columbia. No civil action may
be brought'';
(D) by striking ``charge with the Board'' and all
that follows through ``prevented from filing such
charge'' and inserting ``civil action, unless the
person aggrieved thereby was prevented from filing such
civil action''; and
(E) by striking ``Any such complaint may be
amended'' and all that follows through ``Any such
proceeding shall, so far as practicable,'' and
inserting ``Any proceeding under this subsection
shall'';
(3) by striking subsections (c) through (k);
(4) by redesignating subsections (l) and (m) as subsections
(c) and (d), respectively;
(5) in subsection (c) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) in the first sentence, by striking ``charge''
and inserting ``allegation''; and
(C) by striking ``such charge is true and that a
complaint should issue, he shall'' and all that follows
through the end of the subsection and inserting ``such
allegation is true, the officer or regional attorney
shall, on behalf of the Board, submit a written summary
of the findings to all parties involved in the alleged
unfair labor practice.''; and
(6) in subsection (d) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) by striking ``such charge'' and inserting
``such allegation''; and
(C) by striking ``and cases given priority under
subsection (i)''.
(d) Conforming Amendments.--Such Act is amended--
(1) in section 9 (29 U.S.C. 159)--
(A) in subsection (c)(2), by striking ``and in no
case shall the Board'' and all that follows through the
end of such subsection and inserting a period;
(B) by striking subsection (d); and
(C) by redesignating subsection (e) as subsection
(d);
(2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or
(e) of section 9'' and inserting ``or (d) of section 9'';
(3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each
place it appears and inserting ``9(d)''; and
(4) in section 18 (29 U.S.C. 168), by striking ``section 10
(e) or (f)'' and inserting ``subsection (e) or (f) of section
10, as such subsections were in effect on the day before the
date of enactment of the Protecting American Jobs Act,''.
SEC. 3. REGULATIONS.
Not later than 6 months after the date of the enactment of this
Act, the National Labor Relations Board shall review and revise all
regulations promulgated before such date to implement the amendments
made by this Act. | Protecting American Jobs Act - Amends the National Labor Relations Act to repeal the authority of the General Counsel of the National Labor Relations Board (NLRB) to issue, and prosecute before the Board, complaints with respect to unfair labor practices. Repeals the prohibition against: (1) review of an administrative law judge's report by any person other than a Board member or legal assistant; and (2) advice to or consultation with the Board by an administrative law judge with respect to exceptions taken to his or her findings, rulings, or recommendations. Limits the Board's rulemaking authority to rules concerning the internal functions of the Board. Prohibits the Board from promulgating rules or regulations that affect the substantive or procedural rights of a person, employer, employee, or labor organization, including those concerning unfair labor practices and representation elections. Revises Board powers to grant it the authority to investigate unfair labor practices, but repeals its power to prevent any person from engaging in them. Repeals the Board's power to issue a complaint against a person charging an unfair labor practice. Allows an aggrieved person to bring a civil action for relief (including an injunction) in U.S. district court or the U.S. District Court for the District of Columbia in cases where it appears that a person has engaged, is engaging, or is about to engage in an unfair labor practice. | {"src": "billsum_train", "title": "Protecting American Jobs Act"} | 1,245 | 301 | 0.590227 | 1.754309 | 0.946296 | 2.705426 | 4.325581 | 0.837209 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Ireland Peace and
Reconciliation Support Act of 2003''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The United States has been effectively engaged in the
Northern Ireland peace process through both participating in
negotiations and contributing to the economic development of
the region.
(2) Both the Government of Ireland and the Irish people and
the Government of the United Kingdom and the British people are
long-standing friends of the United States and the American
people.
(3) In 1986, the United States, in support of the Agreement
Between the Government of Ireland and the Government of the
United Kingdom (``Anglo-Irish Agreement'') dated November 15,
1985, initiated annual contributions to the International Fund
for Ireland (``International Fund'') to help bolster economic
development and support programs that would foster peace and
reconciliation in Northern Ireland and the affected border
areas of the Republic of Ireland.
(4) The United States has been a generous and faithful
donor to the International Fund, contributing more than
$386,000,000 to help improve relations between Catholics and
Protestants in Northern Ireland through the creation of
thousands of jobs and cross community business development.
(5) More than 80 percent of the International Fund's
investments have been in disadvantaged areas offering work
experience and important job training programs for
disadvantaged and unemployed youth through the economic,
social, and physical regeneration of deprived areas.
(6) The International Fund has also developed a series of
community-building programs promoting greater dialogue and
understanding between Catholics and Protestants and leadership
programs designed to develop a new generation of leaders in
Northern Ireland to bring about a more peaceful and prosperous
future in the region.
(7) Through the Anglo-Irish Agreement Support Act of 1986
(Public Law 99-415), the United States also seeks to ensure
that its contributions promote ``reconciliation in Northern
Ireland and the establishment of a society in Northern Ireland
in which all may live in peace, free from discrimination,
terrorism, and intolerance, and with the opportunity for both
communities to participate fully in the structures and
processes of government.''.
(8) The Good Friday Agreement reached by the Government of
Ireland, the Government of the United Kingdom, and political
party leaders on April 10, 1998, created the Northern Ireland
Executive Assembly and Executive Committee and provided for a
``democratically elected Assembly in Northern Ireland which is
inclusive in its membership, capable of exercising executive
and legislative authority, and subject to safeguards to protect
the rights and interests of all sides of the community.''.
(9) The Good Friday Agreement also called for police reform
and establishment of a ``new beginning'' in policing in
Northern Ireland with an effective, accountable, and fair
police service capable of attracting and sustaining support
from the community as a whole, capable of maintaining law and
order, and based on principles of protection of human rights.
(10) In 1999, the Independent Commission on Policing in
Northern Ireland, mandated by the Good Friday Agreement, made
175 recommendations for policing reform in Northern Ireland,
some of which have been implemented.
(11) In 2002, the Department of State, as required by
section 701(d) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228), issued a ``Report on
Policing Reform and Human Rights in Northern Ireland'' and
concluded that among key areas of concern that had not been
fully implemented was the establishment of a critically-needed
new police training facility and an increase in funding for
training programs.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States assistance for the International Fund has
contributed greatly to the economic development of Northern
Ireland and that both objectives of the Anglo-Irish Agreement
Support Act of 1986, economic development and reconciliation,
remain critical to achieving a just and lasting peace in the
region, especially in the economically-depressed areas;
(2) although there has been positive economic development
in both the Republic of Ireland and Northern Ireland,
International Fund contributions to support much-needed
projects in economically-depressed areas of Northern Ireland
remain very important, and an expansion of efforts in
reconciliation projects as a way to promote peace and economic
stability is also encouraged; and
(3) since policing reform is a significant part of winning
public confidence and acceptance in the new form of government
in Northern Ireland, the International Fund is encouraged to
support programs that enhance relations between communities,
and between the police and the communities they serve, promote
human rights training for police, and enhance peaceful
mediation in neighborhoods of continued conflict.
SEC. 3. AMENDMENTS TO THE ANGLO-IRISH AGREEMENT SUPPORT ACT OF 1986.
(a) Findings and Purposes.--Section 2(b) of the Anglo-Irish
Agreement Support Act of 1986 is amended by adding at the end the
following: ``Furthermore, the International Fund is encouraged to
support programs that enhance relations between communities, and
between the police and the communities they serve, promote human rights
training for police, enhance peaceful mediation in neighborhoods of
continued conflict, promote training programs to enhance the new
district partnership police boards recommended by the Patten
Commission, and assist in the transition of former British military
installations and prisons into sites for peaceful, community-supported
activities, such as housing, retail, and commercial development.''.
(b) United States Contributions to the International Fund.--Section
3 of the Anglo-Irish Agreement Support Act of 1986 is amended by adding
at the end the following:
``(c) Fiscal Years 2004 and 2005.--Of the amounts made available
for fiscal years 2004 and 2005 to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 (relating to the economic support fund),
there are authorized to be appropriated $25,000,000 for each such
fiscal year for United States contributions to the International Fund.
Amounts appropriated pursuant to the authorization of appropriations
under the preceding sentence are authorized to remain available until
expended. Of the amount authorized to be appropriated for fiscal years
2004 and 2005 under this subsection, it is the sense of Congress that
not less than 20 percent of such amount for each such fiscal year
should be used to carry out the last sentence of section 2(b).''.
(c) Annual Reports.--Section 6(1) of the Anglo-Irish Agreement
Support Act of 1986 is amended by adding at the end before the
semicolon the following: ``, specifically through improving local
community relations and relations between the police and the people
they serve''.
Passed the House of Representatives March 31, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Northern Ireland Peace and Reconciliation Support Act of 2003 - Declares the sense of Congress that: (1) U.S. assistance for the International Fund for Ireland has contributed greatly to the economic development of Northern Ireland and that both objectives of the Anglo-Irish Agreement Support Act of 1986, economic development and reconciliation, remain critical to achieving a just and lasting peace in the region, especially in the economically-depressed areas; and (2) Fund contributions to support much-needed projects in economically-depressed areas of Northern Ireland remain very important, and an expansion of efforts in reconciliation projects is encouraged.Amends the Anglo-Irish Agreement Support Act of 1986 to encourage the Fund to support programs that: (1) enhance relations between communities, and between the police and the communities they serve; (2) promote human rights training for police; (3) enhance peaceful mediation in neighborhoods of continued conflict; (4) promote training programs to enhance the new district partnership police boards recommended by the Patten Commission; and (5) assist in the transition of former British military installations and prisons into sites for peaceful, community-supported activities, such as housing, retail, and commercial development.Authorizes certain appropriations for FY 2004 and 2005 for U.S. contributions to the Fund. Declares the sense of Congress that at least 20 percent of such amount for each such fiscal year should be used to carry out such programs to improve local community relations and relations between the police and the people they serve. | {"src": "billsum_train", "title": "To authorize appropriations for fiscal years 2004 and 2005 for United States contributions to the International Fund for Ireland, and for other purposes."} | 1,443 | 305 | 0.617225 | 2.162306 | 0.727654 | 6.691228 | 4.933333 | 0.964912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NICS Denial Notification Act of
2018''.
SEC. 2. REPORTING OF BACKGROUND CHECK DENIALS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 925A the following:
``Sec. 925B. Reporting of background check denials to State authorities
``(a) In General.--If the national instant criminal background
check system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901) (commonly referred to as
`NICS') provides a notice pursuant to section 922(t) of this title that
the receipt of a firearm by a person would violate subsection (g) or
(n) of section 922 of this title or State law, the Attorney General
shall, in accordance with subsection (b) of this section--
``(1) report to the law enforcement authorities of the
State where the person sought to acquire the firearm and, if
different, the law enforcement authorities of the State of
residence of the person--
``(A) that the notice was provided;
``(B) the specific provision of law that would have
been violated;
``(C) the date and time the notice was provided;
``(D) the location where the firearm was sought to
be acquired; and
``(E) the identity of the person; and
``(2) where practicable, report the incident to local law
enforcement authorities and State and local prosecutors in the
jurisdiction where the firearm was sought and in the
jurisdiction where the person resides.
``(b) Requirements for Report.--A report is made in accordance with
this subsection if the report is made within 24 hours after the
provision of the notice described in subsection (a), except that the
making of the report may be delayed for so long as is necessary to
avoid compromising an ongoing investigation.
``(c) Amendment of Report.--If a report is made in accordance with
this subsection and, after such report is made, the Federal Bureau of
Investigation or the Bureau of Alcohol, Tobacco, Firearms, and
Explosives determines that the receipt of a firearm by a person for
whom the report was made would not violate subsection (g) or (n) of
section 922 of this title or State law, the Attorney General shall, in
accordance with subsection (b), notify any law enforcement authority
and any prosecutor to whom the report was made of that determination.
``(d) Rule of Construction.--Nothing in subsection (a) shall be
construed to require a report with respect to a person to be made to
the same State authorities that originally issued the notice with
respect to the person.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 925A the
following:
``925B. Reporting of background check denials to State authorities.''.
SEC. 3. ANNUAL REPORT TO CONGRESS.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by section 2(a) of this Act, is amended by inserting after
section 925B the following:
``Sec. 925C. Annual report to Congress
``Not later than 1 year after the date of enactment of this
section, and annually thereafter, the Attorney General shall submit to
Congress a report detailing the following, broken down by Federal
judicial district:
``(1) With respect to each category of persons prohibited
by subsection (g) or (n) of section 922 of this title or State
law from receiving or possessing a firearm who are so denied a
firearm--
``(A) the number of denials;
``(B) the number of denials referred to the Bureau
of Alcohol, Tobacco, Firearms, and Explosives;
``(C) the number of denials for which the Bureau of
Alcohol, Tobacco, Firearms, and Explosives determines
that the person denied was not prohibited by subsection
(g) or (n) of section 922 of this title or State law
from receiving or possessing a firearm;
``(D) the number of denials overturned through the
national instant criminal background check system
appeals process and the reasons for overturning the
denials;
``(E) the number of denials with respect to which
an investigation was opened by a field division of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives;
``(F) the number of persons charged with a Federal
criminal offense in connection with a denial; and
``(G) the number of convictions obtained by Federal
authorities in connection with a denial.
``(2) The number of background check notices reported to
State authorities pursuant to section 925B (including the
number of the notices that would have been so reported but for
section 925B(c)).''.
(b) Clerical Amendment.--The table of sections for such chapter, as
amended by section 2(b) of this Act, is amended by inserting after the
item relating to section 925B the following:
``925C. Annual report to Congress.''. | NICS Denial Notification Act of 2018 This bill amends the federal criminal code to require the Department of Justice (DOJ) to report certain information to state and local law enforcement authorities following a determination, by the National Instant Criminal Background Check System, that a prospective firearm purchaser is a prohibited person (i.e., a person who is barred from receiving or possessing a firearm). DOJ must report annually on: (1) certain details regarding denied firearm purchases in each category of prohibited persons, and (2) the number of background check notices reported to states. | {"src": "billsum_train", "title": "NICS Denial Notification Act of 2018"} | 1,198 | 120 | 0.517264 | 1.40545 | 0.541831 | 2.831776 | 9.981308 | 0.831776 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``65th Infantry
Regiment Commemorative Coin Act''.
(b) Findings.--The Congress hereby finds that the brave and gallant
soldiers from the Commonwealth of Puerto Rico who comprised the 65th
Infantry Regiment of the United States Army deserve a special
commemoration and a commemorative coin for their contributions during
the Korean conflict for the following reasons:
(1) The Puerto Rican soldiers of the 65th Infantry Regiment
unselfishly fought, bled, and died for the rights and
privileges of all citizens of the United States and the
Republic of Korea.
(2) 125 soldiers of the United States Army's 65th Infantry
Regiment were awarded the Silver Star and 4 received the
Distinguished Service Cross for their heroism during the Korean
conflict.
(3) The 65th Infantry Regiment went to the rescue of the
1st Division of the United States Marine Corps in Hagaru-ri
when that division was surrounded by forces of the Peoples
Republic of China, provided a safe corridor through which the
Marines escaped, and formed a protective rear guard during the
retreat to Hungnam.
(4) After bitter fighting, and with the forces of the
Peoples Republic of China on their heels, the 65th Infantry
Regiment was the last regiment to leave the beachhead in the
Christmas eve evacuation of Hungnam on December 24, 1950.
(5) One night, while the 65th Infantry Regiment was
encamped near the command post of the 3d Infantry Division of
the United States Army during a rest and recreation leave away
from the front lines, the command post of the 3d Infantry
Division was attacked by over 1,000 North Korean soldiers who
had infiltrated through the front lines without being detected
and the 65th Infantry Regiment rallied, attacked, and
subsequently destroyed the North Korean force, thereby saving
the commanding officer and staff of the 3d Infantry Division
from death or capture.
(6) For their heroism in battle, the soldiers of the 65th
Infantry Division were showered with many accolades but for
them perhaps the most significant and meaningful came in the
form of a letter from the commander of the United Nations
forces in Korea, General of the Army Douglas MacArthur which
read in part as follows:
``The Puerto Ricans forming the ranks of the gallant 65th Infantry
Division on the battlefields of Korea by valor, determination and a
resolute will to victory give daily testament to their invincible
loyalty to the United States and the fervor of their devotion to those
immutable standards of human relations to which the Americans and the
Puerto Ricans are in common dedicated. They are writing a brilliant
record of achievement in battle and I am proud indeed to have them in
this command. I wish that we might have many more like them.''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of all the Puerto Ricans in
the 65th Infantry Regiment of the United States Army who fought in the
Korean conflict, the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall mint and issue not more than
60,000 1 dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the courage and valor of the Puerto
Ricans who served in the 65th Infantry Regiment during the
Korean conflict.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Secretary of Veterans Affairs, the National Congress for Puerto
Rican Veterans, the Puerto Rican Veterans In Massachusetts
Association, the Puerto Rican-American Research Institute, and
the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 1997.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly deposited in the
Korean War Veterans Memorial Fund for use by the American Battle
Monuments Commission in accordance with subsection (b).
(b) Use of Proceeds.--
(1) Costs relating to the korean war veterans memorial.--
Except as provided in paragraph (2), amounts deposited in the
Korean War Veterans Memorial Fund pursuant to subsection (a)
shall be available to the American Battle Monuments Commission
for the uses described in section 8(b) of Public Law 101-495.
(2) Ceremony for the 65th regiment.--The American Battle
Monuments Commission shall use such amount of the surcharges
from the sale of coins issued as the Commission determines to
be necessary and appropriate, after consulting with the
National Congress for Puerto Rican Veterans, the Puerto Rican
Veterans In Massachusetts Association, and the Puerto Rican-
American Research Institute, to conduct a ceremony at the
Korean War Veterans Memorial commemorating the Puerto Ricans
comprising the 65th Infantry Regiment of the United States Army
for their service and contributions during the Korean conflict.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the American Battle Monuments Commission as may be related to
the expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | 65th Infantry Regiment Commemorative Coin Act - Instructs the Secretary of the Treasury issue one-dollar silver coins emblematic of all the Puerto Ricans in the 65th Infantry Regiment of the U.S. Army who fought in the Korean conflict.
Mandates deposit of sales surcharges in the Korean War Veterans Memorial Fund for use by the American Battle Monuments Commission. | {"src": "billsum_train", "title": "65th Infantry Regiment Commemorative Coin Act"} | 2,078 | 85 | 0.48719 | 1.435648 | 0.332367 | 4.507937 | 29.031746 | 0.952381 |
SECTION 1. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON
CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL
RESIDENTS.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), is amended by adding at the end the following new subsection:
``(i) A candidate for the office of Representative in, or Delegate
or Resident Commissioner to, the Congress may not, with respect to a
reporting period for an election, accept contributions--
``(1) from persons other than individual residents of the
congressional district involved in excess of 50 percent of the
total of contributions accepted; or
``(2) from persons other than individual residents of the
State in which the congressional district involved is located
in excess of 10 percent of the total of contributions
accepted.''.
SEC. 2. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A
MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF
REPRESENTATIVES CANDIDATE.
Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the
following: ``, except that in the case of an election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress, the limitation shall be $1,000''.
SEC. 3. BAN ON SOFT MONEY.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``limitations and reporting requirements for amounts paid for mixed
political activities
``Sec. 323. (a) Any payment by the national committee of a
political party or a State committee of a political party for a mixed
political activity--
``(1) shall be subject to limitation and reporting under
this Act as if such payment were an expenditure; and
``(2) may be paid only from an account that is subject to
the requirements of this Act.
``(b) As used in this section, the term `mixed political activity'
means, with respect to a payment by the national committee of a
political party or a State committee of a political party, an activity,
such as a voter registration program, a get-out-the-vote drive, or
general political advertising, that is both (1) for the purpose of
influencing an election for Federal office, and (2) for any purpose
unrelated to influencing an election for Federal office.''.
(b) Repeal of Building Fund Exception to the Definition of the Term
``Contribution''.--Section 301(8)(B) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
(1) by striking out clause (viii); and
(2) by redesignating clauses (ix) through (xiv) as clauses
(viii) through (xiii), respectively.
SEC. 4. HOUSE OF REPRESENTATIVES OFFICIAL MAIL ALLOWANCE FORMULA
REDUCTION.
Section 311(e)(2)(B)(i) of the Legislative Branch Appropriations
Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by striking out ``3''
and inserting in lieu thereof ``1.5''.
SEC. 5. BAN ON UNSOLICITED MAIL AS FRANKED MAIL WITHIN 60 DAYS BEFORE A
MEMBER'S PRIMARY AND GENERAL ELECTION.
(a) In General.--Section 3210(a)(6) of title 39, United States
Code, is amended--
(1) by striking out ``mass mailing'' and inserting in lieu
thereof ``unsolicited mailing'' each place it occurs in
subparagraphs (A) through (D); and
(2) by adding at the end the following:
``(G) As used in this paragraph, the term
`unsolicited mailing' means all mail other than mail
that is--
``(i) in direct response to a communication
from a person to whom the matter is mailed;
``(ii) from a Member of Congress to other
Members of Congress;
``(iii) a news release to the
communications media; or
``(iv) in furtherance of the administrative
duties of the Member of Congress.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to sessions of Congress beginning after the date of
the enactment of this Act.
SEC. 6. DISCLOSURE OF MEMBER'S FIRST CLASS MAILINGS TO THE PUBLIC.
(a) In General.--Section 311(a)(3) of the Legislative Branch
Appropriations Act, 1991 (2 U.S.C. 59e(a)(3)) is amended by adding
before the period at the end the following: ``, including (by separate
category) the costs relating to franked, first class mass mailings''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to sessions of Congress beginning after the date of
the enactment of this Act.
SEC. 7. AMENDMENTS TO COMMUNICATIONS ACT OF 1934.
Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is
amended--
(1) in subsection (b)(1)--
(A) by striking ``forty-five'' and inserting
``30'';
(B) by striking ``sixty'' and inserting ``45''; and
(C) by striking ``lowest unit charge of the station
for the same class and amount of time for the same
period'' and insert ``lowest charge of the station for
the same amount of time for the same period'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting immediately after subsection (b) the
following new subsection:
``(c)(1) Except as provided in paragraph (2), a licensee shall not
preempt the use, during any period specified in subsection (b)(1), of a
broadcasting station by a legally qualified candidate for public office
who has purchased and paid for such use pursuant to the provisions of
subsection (b)(1).
``(2) If a program to be broadcast by a broadcasting station is
preempted because of circumstances beyond the control of the
broadcasting station, any candidate advertising spot scheduled to be
broadcast during that program may also be preempted.''; and
(4) in subsection (d) (as redesignated by paragraph (2) of
this section)--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end thereof the following new
paragraph:
``(3) a station's lowest charge for purposes of paragraph
(1)--
``(A) with respect to a primary or primary runoff
election, is determined for the interval beginning 60
days before such election and ending on the date of
that election; and
``(B) with respect to a general or special
election, is determined for the interval beginning 90
days before such election and ending on the date of
that election.''.
SEC. 8. PROHIBITION OF TRAVEL BY MEMBERS, OFFICERS, AND EMPLOYEES OF
THE HOUSE OF REPRESENTATIVES AT LOBBYIST EXPENSE.
(a) In General.--A Member, officer, or employee of the House of
Representatives may not perform any travel at the expense of a person
who is required to register under section 308 of the Federal Regulation
of Lobbying Act (2 U.S.C. 267).
(b) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress. | Amends the Federal Election Campaign Act of 1971 to limit contributions to House of Representatives (House) elections from persons other than local individual residents.
Reduces maximum House contribution amounts from multicandidate political committees (PACs).
Sets forth limitations and reporting requirements for amounts paid for mixed political activities ("soft money").
Amends the Legislative Branch Appropriations Act, 1991 to: (1) reduce the House mail allowance formula; and (2) require public disclosure of a Member's first class mailings.
Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control.
Prohibits lobbyist-paid travel by House members, officers, or employees. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to reform House of Representatives campaign finance laws, and for other purposes."} | 1,892 | 254 | 0.478037 | 1.426842 | 0.738281 | 2.459459 | 7.108108 | 0.828829 |
SECTION 1. EXPANSION OF REQUIREMENTS FOR REISSUANCE OF VETERANS
BENEFITS IN CASES OF MISUSE OF BENEFITS BY CERTAIN
FIDUCIARIES TO INCLUDE MISUSE BY ALL FIDUCIARIES.
Section 6107 of title 38, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following new subsection (a):
``(a) Reissuance of Misused Benefits.--(1) In any case in which a
fiduciary misuses all or part of an individual's benefit paid to such
fiduciary, the Secretary shall pay to the beneficiary or the
beneficiary's successor fiduciary an amount equal to the amount of such
benefit so misused.
``(2) In any case in which the Secretary obtains recoupment from a
fiduciary who has misused benefits, the Secretary shall promptly remit
payment of the recouped amounts to the beneficiary or the beneficiary's
successor fiduciary as the case may be to the extent that such amounts
have not been reissued under paragraph (1).'';
(2) in subsection (d), by striking ``or (b)''; and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 2. IMPROVED ACCESS TO FINANCIAL RECORDS FOR PURPOSES OF OVERSIGHT
BY DEPARTMENT OF VETERANS AFFAIRS OF FIDUCIARIES.
Section 5502 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(f)(1) The Secretary shall require any person or entity appointed
or recognized as a fiduciary for a Department beneficiary under this
section to provide authorization for the Secretary to obtain (subject
to the cost reimbursement requirements of section 1115(a) of the Right
to Financial Privacy Act of 1978 (12 U.S.C. 3415(a))) from any
financial institution any financial record held by the institution with
respect to the fiduciary or the beneficiary whenever the Secretary
determines that the financial record is necessary--
``(A) for the administration of a program administered by
the Secretary; or
``(B) in order to safeguard the beneficiary's benefits
against neglect, misappropriation, misuse, embezzlement, or
fraud.
``(2) Notwithstanding section 1104(a)(1) of such Act (12 U.S.C.
3404(a)(1)), an authorization provided by a fiduciary under paragraph
(1) with respect to a beneficiary shall be a one-time authorization
that will remain in effect until the date that is two years after the
date of the approval by a court or the Secretary of a final accounting
of payment of benefits under any law administered by the Secretary to
the fiduciary on behalf of such beneficiary.
``(3) The authorization provided by the fiduciary under paragraph
(1) shall be a condition of appointment as a fiduciary.
``(4)(A) An authorization obtained by the Secretary pursuant to
this subsection shall be considered to meet the requirements of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) for
purposes of section 1103(a) of such Act (12 U.S.C. 3403(a)) and need
not be furnished by the fiduciary to the financial institution,
notwithstanding section 1104(a)(1) of such Act (12 U.S.C. 3404(a)(1)),
if the Secretary provides a copy of the authorization to the financial
institution.
``(B) The certification requirements of section 1103(b) of such Act
(12 U.S.C. 3403(b)) shall not apply to requests by the Secretary
pursuant to an authorization provided under this subsection.
``(C) A request for a financial record by the Secretary pursuant to
an authorization provided by a fiduciary under this subsection is
deemed to meet the requirements of section 1104(a)(3) of such Act (12
U.S.C. 3404(a)(3)) and the matter in section 1102 of such Act (12
U.S.C. 3402) that precedes paragraph (1) of such section if such
request identifies the fiduciary and the beneficiary concerned.
``(D) The Secretary shall inform any person or entity who provides
authorization under this subsection of the duration and scope of the
authorization.
``(E)(i) If a fiduciary of a Department beneficiary refuses to
provide or revokes any authorization to permit the Secretary to obtain
from any financial institution any financial record concerning benefits
paid by the Secretary for such beneficiary, the Secretary may, on that
basis, revoke the appointment or the recognition of the fiduciary for
such beneficiary and for any other Department beneficiary for whom such
fiduciary has been appointed or recognized.
``(ii) If an appointment or recognition of a fiduciary is revoked
under clause (i), benefits may be paid as provided in subsection (d).
``(5) For purposes of section 1113(d) of such Act (12 U.S.C.
3413(d)), a disclosure pursuant to this subsection shall be considered
a disclosure pursuant to a Federal statute.
``(6) In this subsection:
``(A) The term `fiduciary' includes any person or State or
local governmental entity appointed or recognized to receive
payment of benefits under any law administered by the Secretary
on behalf of a Department beneficiary.
``(B) The term `financial institution' has the meaning
given such term in section 1101 of such Act (12 U.S.C. 3401),
except that such term shall also include any benefit
association, insurance company, safe deposit company, money
market mutual fund, or similar entity authorized to do business
in any State.
``(C) The term `financial record' has the meaning given to
such term in such section.''. | This bill authorizes the Department of Veterans Affairs (VA) to reissue veterans benefits to a beneficiary in all cases of fiduciary misuse. The VA shall pay the beneficiary or the successor fiduciary an amount equal to the misused benefits. VA access to fiduciary-held financial accounts shall be increased by requiring any fiduciary to authorize the VA to obtain any financial record held by an institution regarding the fiduciary or the beneficiary whenever the VA determines that such record is necessary: for the administration of a VA program; or to safeguard the beneficiary's benefits against neglect, misappropriation, embezzlement, or fraud. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to expand the requirements for reissuance of veterans benefits in cases of misuse of benefits by certain fiduciaries to include misuse by all fiduciaries, and to improve oversight of fiduciaries, and for other purposes."} | 1,347 | 142 | 0.689046 | 2.076427 | 0.69899 | 2.836207 | 9.75 | 0.836207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Overtime Pay for Working
Americans Act''.
SEC. 2. SALARY THRESHOLDS, HIGHLY COMPENSATED EMPLOYEES, AND PRIMARY
DUTIES.
(a) Salary Thresholds for Executive, Administrative, and
Professional Employees.--Section 13 of the Fair Labor Standards Act of
1938 (29 U.S.C. 213) is amended--
(1) in subsection (a)(1), by inserting before ``; or'' the
following: ``, subject to the requirement that any employee
whom the Secretary determines is required to be paid on a
salary (or equivalent fee basis) in order to be exempt under
this subsection shall, in order to be so exempt, receive
compensation at a rate of not less than the salary rate (or
equivalent fee basis) determined under subsection (k)''; and
(2) by adding at the end the following:
``(k) Salary Rate (or Equivalent Fee Basis).--
``(1) In general.--The salary rate (or equivalent fee
basis) determined under this subsection for purposes of
subsection (a)(1) shall be--
``(A) beginning 1 year after the first day of the
first month that begins after the date of enactment of
the Restoring Overtime Pay for Working Americans Act,
$665 per week;
``(B) beginning 2 years after such first day, $865
per week;
``(C) beginning 3 years after such first day,
$1,090 per week; and
``(D) beginning on the date that is 4 years after
such first day, and on such first day in each
succeeding year, an adjusted amount that is--
``(i) not less than the amount in effect
under this paragraph on the day before the date
of such adjustment;
``(ii) increased from such amount by the
annual percentage increase in the Consumer
Price Index for Urban Wage Earners and Clerical
Workers; and
``(iii) rounded to the nearest multiple of
$1.00.
``(2) Special rule.--Notwithstanding paragraph (1), for any
employee for whom the minimum wage would otherwise be
determined pursuant to section 8103(b) of the Fair Minimum Wage
Act of 2007 (29 U.S.C. 206 note), the Secretary may determine,
through regulations, the salary rate (or equivalent fee basis).
``(l) Primary Duty.--In any case where an employer classifies an
employee as an employee employed in a bona fide executive,
administrative, or professional capacity, for the purpose of subsection
(a)(1), or in a position described in subsection (a)(17), for the
purpose of such subsection, such employee shall not spend more than 50
percent of such employee's work hours in a workweek on duties that are
not exempt under paragraph (1) or (17) of subsection (a), respectively.
``(m) Definitions.--For the purposes of this section:
``(1) Annual percentage increase.--The term `annual
percentage increase', when used in reference to the Consumer
Price Index for Urban Wage Earners and Clerical Workers, means
the annual percentage increase calculated by the Secretary by
comparing such Consumer Price Index for the most recent month,
quarter, or year available (as selected by the Secretary prior
to the first year for which a minimum wage is in effect
pursuant to this subsection) with such Consumer Price Index for
the same month in the preceding year, the same quarter in the
preceding year, or the preceding year, respectively.
``(2) Consumer price index for urban wage earners and
clerical workers.--The term `Consumer Price Index for Urban
Wage Earners and Clerical Workers' means the Consumer Price
Index for Urban Wage Earners and Clerical Workers (United
States city average, all items, not seasonally adjusted), or
its successor publication, as determined by the Bureau of Labor
Statistics.''.
(b) Highly Compensated Employees.--
(1) In general.--If the Secretary of Labor, in the
discretion of such Secretary, determines that an employee may
be exempt for purposes of section 13(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(a)(1)), as a highly
compensated employee (as such term is defined and delimited by
the Secretary), then the level of total annual compensation
necessary for such exemption shall be--
(A) beginning 1 year after the first day of the
first month that begins after the date of enactment of
this Act, $108,000;
(B) beginning 2 years after such first day,
$116,000;
(C) beginning 3 years after such first day,
$125,000; and
(D) beginning on the date that is 4 years after
such first day, and for each succeeding calendar year,
an adjusted amount that is--
(i) not less than the amount in effect
under this paragraph on the day before the date
of such adjustment;
(ii) increased from such amount by the
annual percentage increase in the Consumer
Price Index for Urban Wage Earners and Clerical
Workers; and
(iii) rounded to the nearest multiple of
$1.00.
(2) Rule of construction.--Nothing in this subsection or
the regulations promulgated by the Secretary of Labor under
this subsection shall override any provision of a collective
bargaining agreement that provides for overtime employment
compensation, or rights to such compensation, that exceed the
requirements of the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.).
(3) Definitions.--For purposes of this subsection, the
terms ``annual percentage increase'' and ``Consumer Price Index
for Urban Wage Earners and Clerical Workers'' have the meanings
given the terms in section 13(m) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 213(m)), as added by subsection (a).
(c) Publication of Notice.--
(1) In general.--Not later than 60 days before the
effective date of any adjustment in the salary rate (or
equivalent fee basis) required under section 13(k)(1)(D) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 213(k)(1)(D)), as
added by subsection (a), or any adjustment in the amount of
compensation required for the highly compensated employee
exemption required under subsection (b), the Secretary of Labor
shall publish, in the Federal Register and on the website of
the Department of Labor, a notice announcing the adjusted
salary rate (or equivalent fee basis) or adjusted amount of
compensation, respectively.
(2) Nonapplicability of rulemaking requirements.--The
provisions of section 553 of title 5, United States Code, shall
not apply to any notice required under this subsection.
(d) Penalties.--Section 16(e)(2) of the Fair Labor Standards Act of
1938 (29 U.S.C. 216(e)(2)) is amended by inserting ``or section 11(c),
relating to the records that each employer is required to make, keep,
and preserve,'' after ``relating to wages,''.
(e) Effective Date.--This Act, and the amendments made by this Act,
shall take effect on the date that is 1 year after the first day of the
first month that begins after the date of enactment of this Act. | Restoring Overtime Pay for Working Americans Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to establish salary thresholds for the exemption of executive, administrative, and professional employees from federal minimum wage and maximum hour requirements (allowing these individuals to receive overtime pay.) Establishes salary thresholds also for exemption of highly compensated employees from these FLSA requirements, if the Secretary of Labor determines such employees may be exempted. Prescribes a fine for any employer who repeatedly or willfully violates the FLSA requirement to make, keep, and preserve records of employees and their wages, hours, and other conditions and practices of employment. | {"src": "billsum_train", "title": "Restoring Overtime Pay for Working Americans Act"} | 1,640 | 141 | 0.449177 | 1.179396 | 0.662989 | 2.316239 | 12.666667 | 0.777778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Belarus Democracy Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States supports the promotion of democracy,
respect for human rights, and the rule of law in the Republic of
Belarus consistent with its commitments as a participating state of
the Organization for Security and Cooperation in Europe (OSCE).
(2) The United States has a vital interest in the independence
and sovereignty of the Republic of Belarus and its integration into
the European community of democracies.
(3) In November 1996, Lukashenka orchestrated an illegal and
unconstitutional referendum that enabled him to impose a new
constitution, abolish the duly-elected parliament, the 13th Supreme
Soviet, install a largely powerless National Assembly, and extend
his term of office to 2001.
(4) Democratic forces in Belarus have organized peaceful
demonstrations against the Lukashenka regime in cities and towns
throughout Belarus which led to beatings, mass arrests, and
extended incarcerations.
(5) Victor Gonchar, Anatoly Krasovsky, and Yuri Zakharenka, who
have been leaders and supporters of the democratic forces in
Belarus, and Dmitry Zavadsky, a journalist known for his critical
reporting in Belarus, have disappeared and are presumed dead.
(6) Former Belarus Government officials have come forward with
credible allegations and evidence that top officials of the
Lukashenka regime were involved in the disappearances.
(7) The Belarusian authorities have mounted a major systematic
crackdown on civil society through the closure, harassment, and
repression of nongovernmental organizations, and independent trade
unions.
(8) The Belarusian authorities actively suppress freedom of
speech and expression, including engaging in systematic reprisals
against independent media.
(9) The Lukashenka regime has reversed the revival of
Belarusian language and culture, including through the closure of
the National Humanities Lyceum, the last remaining high school
where classes were taught in the Belarusian language.
(10) The Lukashenka regime harasses the autocephalic Belarusian
Orthodox Church, the Roman Catholic Church, the Jewish community,
the Hindu Lights of Kalyasa community, evangelical Protestant
churches (such as Baptist and Pentecostal groups), and other
minority religious groups.
(11) The Law on Religious Freedom and Religious Organizations,
passed by the National Assembly and signed by Lukashenka on October
31, 2002, establishes one of the most repressive legal regimes in
the OSCE region, severely limiting religious freedom and placing
excessively burdensome government controls on religious practice.
(12) The parliamentary elections of October 15, 2000, and the
presidential election of September 9, 2001, were determined to be
fundamentally unfair and nondemocratic.
(13) The Government of Belarus has made no substantive progress
in addressing criteria established by the OSCE in 2000, ending
repression and the climate of fear, permitting a functioning
independent media, ensuring transparency of the elections process,
and strengthening of the functions of parliament.
SEC. 3. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS.
(a) Purposes of Assistance.--The assistance under this section
shall be available for the following purposes:
(1) To assist the people of the Republic of Belarus in
regaining their freedom and to enable them to join the European
community of democracies.
(2) To encourage free and fair presidential, parliamentary, and
local elections in Belarus, conducted in a manner consistent with
internationally accepted standards and under the supervision of
internationally recognized observers.
(3) To assist in restoring and strengthening institutions of
democratic governance in Belarus.
(b) Authorization for Assistance.--To carry out the purposes of
subsection (a), the President is authorized to furnish assistance and
other support for the activities described in subsection (c), to be
provided primarily for indigenous Belarusian groups that are committed
to the support of democratic processes.
(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) include--
(1) the observation of elections and the promotion of free and
fair electoral processes;
(2) development of democratic political parties;
(3) radio and television broadcasting to and within Belarus;
(4) the development of nongovernmental organizations promoting
democracy and supporting human rights;
(5) the development of independent media working within Belarus
and from locations outside the country and supported by nonstate-
controlled printing facilities;
(6) international exchanges and advanced professional training
programs for leaders and members of the democratic forces in skill
areas central to the development of civil society; and
(7) other activities consistent with the purposes of this Act.
(d) Authorization of Appropriations.--
(1) In general.-- There are authorized to be appropriated to
the President to carry out this section such sums as may be
necessary for each of the fiscal years 2005 and 2006.
(2) Availability of funds.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 4. RADIO BROADCASTING TO BELARUS.
(a) Purpose.--It is the purpose of this section to authorize
increased support for United States Government and surrogate radio
broadcasting to the Republic of Belarus that will facilitate the
unhindered dissemination of information.
(b) Authorization of Appropriations.--In addition to such sums as
are otherwise authorized to be appropriated, there are authorized to be
appropriated such sums as may be necessary for fiscal year 2005 and
each subsequent fiscal year for radio broadcasting to the people of
Belarus in languages spoken in Belarus.
SEC. 5. SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST BELARUS.
(a) Sense of Congress.--It is the sense of Congress that the
sanctions described in subsection (c) should apply with respect to the
Republic of Belarus until the President determines and certifies to the
appropriate congressional committees that the Government of Belarus has
made significant progress in meeting the conditions described in
subsection (b).
(b) Conditions.--The conditions referred to in subsection (a) are
the following:
(1) The release of individuals in Belarus who have been jailed
based on political or religious beliefs.
(2) The withdrawal of politically motivated legal charges
against all opposition figures and independent journalists in
Belarus.
(3) A full accounting of the disappearances of opposition
leaders and journalists in Belarus, including Victor Gonchar,
Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the
prosecution of those individuals who are responsible for their
disappearances.
(4) The cessation of all forms of harassment and repression
against the independent media, independent trade unions,
nongovernmental organizations, religious organizations (including
their leadership and members), and the political opposition in
Belarus.
(5) The implementation of free and fair presidential and
parliamentary elections in Belarus consistent with OSCE
commitments.
(c) Prohibition on Loans and Investment.--
(1) United states government financing.--No loan, credit
guarantee, insurance, financing, or other similar financial
assistance should be extended by any agency of the United States
Government (including the Export-Import Bank and the Overseas
Private Investment Corporation) to the Government of Belarus,
except with respect to the provision of humanitarian goods and
agricultural or medical products.
(2) Trade and development agency.--No funds available to the
Trade and Development Agency should be available for activities of
the Agency in or for Belarus.
(d) Multilateral Financial Assistance.--It is further the sense of
Congress that, in addition to the application of the sanctions
described in subsection (c) to the Republic of Belarus (until the
President determines and certifies to the appropriate congressional
committees that the Government of Belarus has made significant progress
in meeting the conditions described in subsection (b)), the Secretary
of the Treasury should instruct the United States Executive Director of
each international financial institution to which the United States is
a member to use the voice and vote of the United States to oppose any
extension by those institutions of any financial assistance (including
any technical assistance or grant) of any kind to the Government of
Belarus, except for loans and assistance that serve humanitarian needs.
SEC. 6. MULTILATERAL COOPERATION.
It is the sense of Congress that the President should continue to
seek to coordinate with other countries, particularly European
countries, a comprehensive, multilateral strategy to further the
purposes of this Act, including, as appropriate, encouraging other
countries to take measures with respect to the Republic of Belarus that
are similar to measures described in this Act.
SEC. 7. REPORT.
(a) Report.-- Not later than 90 days after the date of the
enactment of this Act, and not later than 1 year thereafter, the
President shall transmit to the appropriate congressional committees a
report that describes, with respect to the preceding 12-month period,
and to the extent practicable the following:
(1) The sale or delivery of weapons or weapons-related
technologies from the Republic of Belarus to any country, the
government of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support
for acts of international terrorism.
(2) An identification of each country described in paragraph
(1) and a detailed description of the weapons or weapons-related
technologies involved in the sale.
(3) An identification of the goods, services, credits, or other
consideration received by Belarus in exchange for the weapons or
weapons-related technologies.
(4) The personal assets and wealth of Aleksandr Lukashenka and
other senior leadership of the Government of Belarus.
(b) Form.--A report transmitted pursuant to subsection (a) shall be
in unclassified form but may contain a classified annex.
SEC. 8. DECLARATION OF POLICY.
Congress hereby--
(1) calls upon the Lukashenka regime to cease its persecution
of political opponents or independent journalists and to release
those individuals who have been imprisoned for opposing his regime
or for exercising their right to freedom of speech;
(2) expresses its grave concern about the disappearance of
Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenko, and Dmitry
Zavadsky and calls upon the Lukashenka regime to cooperate fully
with the Belrussian civil initiative ``We Remember'' and to extend
to this organization all necessary information to find out the
truth about the disappearances;
(3) calls upon the Lukashenka regime to cooperate fully with
the Parliamentary Assembly of the Council of Europe (PACE) and its
specially appointed representatives in matters regarding the
resolution of the cases of the disappeared; and
(4) commends the democratic opposition in Belarus for their
commitment to participate in October 2004 Parliamentary elections
as a unified coalition and for their courage in the face of the
repression of the Lukashenka regime in Belarus.
SEC. 9. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) OSCE.--The term ``OSCE'' means the Organization for
Security and Cooperation in Europe.
(3) Senior leadership of the government of belarus.--The term
``senior leadership of the Government of Belarus'' includes--
(A) the President, Prime Minister, Deputy Prime Ministers,
government ministers, Chairmen of State Committees, and members
of the Presidential Administration of Belarus;
(B) any official of the Government of Belarus who is
personally and substantially involved in the suppression of
freedom in Belarus, including judges and prosecutors; and
(C) any other individual determined by the Secretary of
State (or the Secretary's designee) to be personally and
substantially involved in the formulation or execution of the
policies of the Lukashenka regime that are in contradiction of
internationally recognized human rights standards.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Belarus Democracy Act of 2004 - (Sec. 3) Authorizes the President to support primarily indigenous Belarusian groups that are committed to the support of democratic processes in various activities that may include: (1) observation of elections and the promotion of free and fair electoral processes, including the development of democratic political parties; (2) development of independent media supported by nonstate-controlled printing facilities; (3) support of human rights; and (4) establishment of international exchanges and advanced professional training programs for leaders and members of democratic forces that foster the growth of civil society. Authorizes FY 2005 and 2006 appropriations for such activities.
(Sec. 4) Authorizes FY 2005 and 2006 appropriations for indigenous-language radio broadcasting to Belarus.
(Sec. 5) Expresses the sense of Congress that specified U.S. and multilateral loan and financial sanctions (with humanitarian, agricultural, or medical exceptions) should apply to Belarus until the President certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the following conditions: (1) release of individuals who have been jailed for political or religious beliefs; (2) withdrawal of politically motivated legal charges against all opposition figures and independent journalists; (3) accounting of the disappearances of opposition leaders and journalists, including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the prosecution of responsible individuals; (4) cessation of harassment and repression against the independent media, independent trade unions, nongovernmental organizations, religious organizations, and the political opposition; and (5) implementation of free and fair presidential and parliamentary elections.
(Sec. 6) Expresses the sense of Congress that the President should seek a multilateral strategy, particularly with the countries of Europe, to further the purposes of this Act.
(Sec. 7) Directs the President to report with respect to: (1) weapons-related activities by Belarus; and (2) the personal wealth of Aleksander Lukashenka and other senior leadership.
(Sec. 8) Declares congressional policy: (1) respecting the persecution and disappearance of journalists and political opponents in Belarus; and (2) commending the democratic opposition in Belarus.
(Sec. 9) Defines specified terms. | {"src": "billsum_train", "title": "To provide for the promotion of democracy, human rights, and rule of law in the Republic of Belarus and for the consolidation and strengthening of Belarus sovereignty and independence."} | 2,629 | 491 | 0.596996 | 2.447363 | 0.714411 | 3.765116 | 5.665116 | 0.946512 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Peck Reservation Rural Water
System Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there are insufficient water supplies available to
residents of the Fort Peck Indian Reservation in Montana, and
the water systems that are available do not meet minimum health
and safety standards, thereby posing a threat to public health
and safety;
(2) the United States has a trust responsibility to ensure
that adequate and safe water supplies are available to meet the
economic, environmental, water supply, and public health needs
of the Fort Peck Indian Reservation; and
(3) the best available, reliable, and safe rural and
municipal water supply to serve the needs of the Fort Peck
Indian Reservation is the Missouri River.
(b) Purpose.--The Congress declares that the purposes of sections 1
through 7 are to ensure a safe and adequate municipal, rural, and
industrial water supply for the residents of the Fort Peck Indian
Reservation in Montana;
SEC. 3. FORT PECK RESERVATION RURAL WATER SYSTEM.
(a) Authorization.--The Secretary of the Interior (hereafter
referred to as the ``Secretary'') is authorized and directed to plan,
design, construct, operate, maintain, and replace a municipal, rural
and industrial water system, to be known as the Fort Peck Reservation
Rural Water System, as generally described in the report entitled
Technical Report for the Fort Peck Reservation Rural Water System and
dated July, 1995. The Fort Peck Reservation Rural Water System shall
consist of--
(1) pumping and treatment facilities located along the
Missouri River near Poplar, Montana;
(2) pipelines extending from the Missouri River near
Poplar, Montana, throughout the Fort Peck Indian Reservation;
(3) facilities to allow for future interconnections to
areas outside the Fort Peck Indian Reservation, including
communities of Plentywood, Scobey, Flaxville, and Culbertson;
(4) distribution and treatment facilities to serve the
needs of the Fort Peck Indian Reservation, including but not
limited to the purchase, improvement and repair of existing
water systems, including systems owned by individual tribal
members and other residents of the Fort Peck Indian
Reservation;
(5) appurtenant buildings and access roads;
(6) necessary property and property rights;
(7) electrical power transmission and distribution
facilities necessary for services to water systems facilities;
and
(8) such other pipelines, pumping plants, and facilities as
the Secretary deems necessary or appropriate to meet the water
supply, economic, public health, and environmental needs of the
reservation, including (but not limited to) water storage
tanks, water lines, and other facilities for the Fort Peck
Assiniboine and Sioux Tribes and reservation villages, towns,
and municipalities.
(b) Agreement to Plan, Construct, Operate and Maintain the Fort
Peck Reservation Rural Water System:
(1) In carrying out subsection (a), the Secretary shall
enter into cooperative agreements with the Fort Peck Tribal
Executive Board for planning, designing, constructing,
operating, maintaining, and replacing the Fort Peck Reservation
Rural Water System.
(2) Such cooperative agreements shall set forth, in a
manner acceptable to the Secretary and the Tribal Executive
Board--
(A) the responsibilities of the parties for needs
assessment, feasibility, and environmental studies;
engineering and design; construction; water
conservation measures; and administration of any
contracts with respect to this subparagraph;
(B) the procedures and requirements for approval
and acceptance of such design and construction; and
(C) the rights, responsibilities, and liabilities
of each party to the agreement.
(3) Such cooperative agreements may include purchase,
improvement, and repair of existing water systems, including
systems owned by individual tribal members and other residents
located on the Fort Peck Indian Reservation.
(4) The Secretary may unilaterally terminate any
cooperative agreement entered into pursuant to this section if
the Secretary determines that the quality of construction does
not meet all standards established for similar facilities
constructed by the Secretary or that the operation and
maintenance of the system does not meet conditions acceptable
to the Secretary of fulfilling the obligations of the United
States to the Fort Peck Assiniboine and Sioux Tribes.
(5) Upon execution of any cooperative agreement authorized
upon this section, and in accordance with its terms, the
Secretary is authorized to transfer to the Fort Peck Tribes on
a non-reimbursable basis, the funds authorized to be
appropriated by section 6 for the Fort Peck Reservation Rural
Water System.
(c) Service Area.--The service area of the Fort Peck Reservation
Rural Water System shall be the Fort Peck Indian Reservation and
surrounding communities.
(d) Construction Requirements.--The pumping plants, pipelines,
treatment facilities, and other appurtenant facilities for the Fort
Peck Reservation Rural Water System shall be planned and constructed to
a size sufficient to meet the municipal, rural, and industrial water
supply requirements of the Fort Peck Indian Reservation and the rural
areas north of the Reservation, taking into account the effects of the
water conservation plans described in section 4.
(e) Title to System.--Title to the Fort Peck Reservation Rural
Water Supply System shall be held in trust for the Fort Peck
Assiniboine and Sioux Tribes by the United States and shall not be
transferred without a subsequent Act of Congress.
(f) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the Fort
Peck Reservation Rural Water Supply System until--
(1) the requirements of the National Environmental Policy
Act of 1969 have been met; and
(2) a final engineering report has been approved by the
Secretary.
(g) Technical Assistance.--The Secretary is authorized and directed
to provide such technical assistance as may be necessary to the Fort
Peck Tribes to plan, develop, construct, operate, maintain and replace
the Fort Peck Reservation Rural Water Supply System, including (but not
limited to) operation and management training.
(h) Application of Indian Self-Determination Act.--Planning,
design, construction and operation of the Fort Peck Reservation Rural
Water System within the Fort Peck Reservation shall be subject to the
provisions of the Indian Self-Determination Act (Public Law 93-638;
U.S.C. 450).
SEC. 4. WATER CONSERVATION PROGRAMS.
(a) In order to reduce costs and to reduce water consumption, the
Secretary, prior to obligating any construction funds, shall issue a
public notice finding that plans for the Fort Peck Reservation Rural
Water System include prudent and responsible water conservation
measures for the operation of the system where such measures are shown
to be economically and financially feasible. The Fort Peck Tribes shall
develop a water conservation plan containing definite goals,
appropriate water conservation measures, and a time schedule for
meeting the water conservation objectives. The provisions of section
210(c) of Public Law 97-293 (96 Stat. 1268) shall apply with respect to
the systems.
(b) Purpose.--The water conservation program required under this
section shall be designed to ensure that users of water from the water
supply system will use the best practicable technology and management
techniques to conserve water.
SEC 5. USE OF PICK-SLOAN POWER.
(a) In General.--The Fort Peck Reservation Rural Water System shall
utilize power from Pick-Sloan for operation. This power shall be deemed
to be a project use pumping requirement of Pick-Sloan.
(b) Power To Be Used.--As of the date of enactment of this Act,
power identified for future project use pumping shall be reserved for
and made available for the purpose authorized by subsection (a).
(c) Rate.--The rate for project use power made available pursuant
to subsection (a) shall be the wholesale firm power rate for Pick-Sloan
(Eastern Division) in effect at the time the power is sold.
(d) Additional Power.--If additional power beyond that made
available through subsection (b) is required to meet the pumping
requirements of the system, the Administrator of the Western Area Power
Administration is authorized to purchase the additional power needed
under such terms and conditions the Administrator deems appropriate.
Expenses associated with such power purchases shall be recovered
through a separate power charge, sufficient to recover these expenses,
applied to the System.
(e) Definitions.--For purposes of this section--
(1) the term ``System'' means the Fort Peck Reservation
Rural Water System; and
(2) the term ``Pick Sloan'' means the Pick-Sloan Missouri
Basin Program authorized by section 9 of the Act of December
22, 1944 (58 Stat. 891; commonly referred to as the Flood
Control Act of 1944).
SEC. 6. AUTHROIZATION OF APPROPRIATIONS.
(a) Planning, Design, and Construction.--There are authorized to be
appropriated $114,734,300 for the planning, design, and construction of
the Fort Peck Reservation Rural Water System, the system defined under
the provisions of section 3. Such funds are authorized to be
appropriated only through the end of the fifth fiscal year after which
construction funds are first made available. The funds authorized to be
appropriated by the first sentence of this section, less any amounts
previously obligated for the System, may be increased or decreased by
such amounts as may be justified by reason of ordinary fluctuations in
development costs incurred after January 1, 1995, as indicated by
engineering costs indices applicable for the type of construction
involved.
(b) Operation and Maintenance of Fort Peck Reservation Rural Water
Supply System.--There are authorized to be appropriated such sums as
may be necessary for the operation and maintenance of the Fort Peck
Reservation Rural Water System.
SEC. 7. WATER RIGHTS.
Nothing in sections 1 through 12 shall be construed to--
(1) impair the validity of or preempt any provision of
State water law, or of any interstate compact governing water;
(2) alter the rights of any State to any appropriated share
of the waters of any body or surface or ground water, whether
determined by past or future interstate compacts, or by past or
future legislative or final judicial allocations;
(3) preempt or modify any State or Federal law or
interstate compact dealing with water quality or disposal;
(4) confer upon any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any groundwater resources; or
(5) affect any water rights of the Fort Peck Tribes,
whether located within or without the external boundaries of
the Fort Peck Indian Reservation, based on treaty, compact,
executive orders, agreement, Act of Congress, aboriginal title,
the Winters doctrine (Winters v. United States, 207 U.S. 564
(1908)), or otherwise. Nothing contained in this section or in
section 1 through 7, however, is intended to validate or
invalidate any assertion of the existence, nonexistence or
extinguishment of any water rights, or compacts thereto, held
by the Fort Peck Tribes, or any other Indian Tribe or
individual Indian under Federal or State law. | Fort Peck Reservation Rural Water System Act of 1995 (sic) - Authorizes the Secretary of the Interior to plan, design, construct, operate, maintain, and replace a municipal, rural, and industrial water system, to be known as the Fort Peck Reservation Rural Water System and to consist of specified facilities. Directs the Secretary to enter into cooperative agreements with the Fort Peck Tribal Executive Board with respect to all phases of the System. Provides construction requirements. Prohibits the obligation of construction funds until: (1) certain environmental mitigation requirements have been met; and (2) a final engineering report has been approved by the Secretary.
Directs the Secretary to issue a public notice finding that plans for the System include prudent and responsible water conservation measures which are economically and financially feasible.
Requires the System to utilize power for its operation from the Pick-Sloan Missouri Basin Program.
Authorizes appropriations for planning, design, construction, operation, and maintenance of the System. | {"src": "billsum_train", "title": "Fort Peck Reservation Rural Water System Act of 1995"} | 2,426 | 210 | 0.590999 | 1.791719 | 0.873103 | 4.822917 | 11.807292 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tuition Account Assistance Act of
1995''.
SEC. 2. TREATMENT OF PARTICIPATION IN STATE PREPAID TUITION PROGRAM.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 137 as section
138 and by inserting after section 136 the following new section:
``SEC. 137. TREATMENT OF PARTICIPATION IN STATE PREPAID TUITION
PROGRAM.
``(a) General Rule.--No amount shall be includible in the gross
income of any person by reason of--
``(1) education furnished to a designated beneficiary
pursuant to a qualified State prepaid tuition program, or
``(2) earnings on any amount paid to such a program for the
purchase of tuition credits for a designated beneficiary.
``(b) Qualified State Prepaid Tuition Program.--For purposes of
this section--
``(1) In general.--The term `qualified State prepaid
tuition program' means a program established and maintained by
a State or any agency thereof under which--
``(A) an individual may purchase tuition credits
for tuition for the undergraduate education of a
designated beneficiary,
``(B) the value of the tuition credits is not
limited to the amounts paid for such credits and
earnings thereon,
``(C) the individual has no authority to direct the
investment of amounts paid to the program, and
``(D) the requirements of paragraph (3) are met
with respect to any refund of amounts paid to the
program.
Subparagraph (B) shall not apply to tuition at an institution
of higher education which is not required by the laws of such
State to participate in such program.
``(2) Treatment of excess tuition credits.--A program shall
not fail to be treated as a qualified State prepaid tuition
program by reason of permitting tuition credits to be used
other than for tuition for an undergraduate education if--
``(A) the only other purposes for which such
credits may be used are--
``(i) for tuition for a graduate degree
program of the designated beneficiary, or
``(ii) for education expenses (other than
tuition) of such beneficiary, and
``(B) the program provides a significant reduction
in the value of such credits if used for such other
purposes.
``(3) Restrictions on refunds.--A refund meets the
requirements of this paragraph if the refund meets the
requirements of any of the following subparagraphs.
``(A) Death or disability of designated
beneficiary.--A refund meets the requirements of this
subparagraph if the refund is made on account of the
death or disability of the designated beneficiary.
``(B) Scholarships.--A refund meets the
requirements of this subparagraph if the refund is made
on account of a scholarship received by the designated
beneficiary and the amount of the refund does not
exceed the amount of the scholarship which is used for
tuition.
``(C) Failure to gain admission.--A refund meets
the requirements of this subparagraph if the refund is
made on account of the failure of the designated
beneficiary to gain admission to an institution of
higher education (after making a good faith attempt, as
determined by the program, to gain admission) and the
amount of the refund does not exceed 90 percent of the
value of the designated beneficiary's account.
``(D) Other withdrawals from participation.--A
refund meets the requirements of this subparagraph if
the refund is made on account of a termination of
participation in the qualified State prepaid tuition
program (other than for a reason described in any of
the preceding subparagraphs) and the amount of the
refund does not exceed the lesser of--
``(i) 90 percent of the value of the
designated beneficiary's account, or
``(ii) the aggregate amount paid to such
program for the benefit of the designated
beneficiary.
``(c) Other Definitions.--For purposes of this section--
``(1) Tuition credit.--The term `tuition credit' means the
amount of tuition which is paid by the qualified State prepaid
tuition program reason of payments to such program.
``(2) Tuition.--The term `tuition' means tuition and
related expenses (as defined in section 117(b)(2)).
``(3) Designated beneficiary.--The term `designated
beneficiary' means the individual designated at the
commencement of participation in the qualified State prepaid
tuition program (or any substitute beneficiary to the extent
provided by the program) as the beneficiary of amounts paid (or
to be paid) to the program.
``(4) Value of designated beneficiary's account.--The value
of a designated beneficiary's account is an amount equal to the
sum of--
``(A) the aggregate amount paid to the qualified
State prepaid tuition program for the benefit of such
designated beneficiary, plus
``(B) such amount's pro rata share of the earnings
(if any) on the aggregate amount paid to such program
for all designated beneficiaries.
``(5) Person.--The term `person' includes a State and any
agency of a State.''
(b) Clerical Amendment.--The table of sections for such part III is
amended by striking the last item and inserting the following new
items:
``Sec. 137. Treatment of participation in
State prepaid tuition program.
``Sec. 138. Cross references to other
Acts.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after September 30, 1993. | Tuition Account Assistance Act of 1995 - Amends the Internal Revenue Code to exclude from gross income amounts received by reason of education furnished pursuant to a qualified State prepaid tuition program (under which credits for tuition for the undergraduate education of a designated beneficiary may be purchased) or earnings on amounts paid to such a program. | {"src": "billsum_train", "title": "Tuition Account Assistance Act of 1995"} | 1,263 | 70 | 0.657673 | 1.511828 | 1.229244 | 3.533333 | 19.35 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Habitat Conservation Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) an effective means of conserving and recovering Federal
trust species and promoting self-sustaining populations of
those species is to protect, conserve, restore, and enhance the
habitats of the species;
(2) coastal ecosystems are highly dynamic areas that
provide valuable breeding, nursery, staging, and resting areas
for a rich diversity of fish, shellfish, migratory birds, and
mammals;
(3) coastal areas support 40 percent of the refuges within
the National Wildlife Refuge System, 40 percent of the
endangered and threatened species (including 75 percent of the
listed mammals and birds), and 50 percent of the fisheries
conservation activities of the Service;
(4) although coastal counties make up only 17 percent of
total contiguous United States land area, coastal areas are
home to more than 53 percent of the human population of the
United States, which is placing enormous pressure on coastal
ecosystems;
(5) during the 2 decades after the date of enactment of
this Act, human populations in coastal areas are projected to
increase by approximately 25 percent, along with associated
development and activities that threaten the health of coastal
ecosystems;
(6) because coastal deterioration can cause fragmentation
and landward migration of coastal ecosystems as well as create
new habitats along shorelines, it has become necessary to
incorporate adaptation assistance into coastal ecosystem
management strategies;
(7) in addition to value as fish and wildlife habitat,
coastal ecosystems--
(A) serve as an important source of food;
(B) protect coastal communities against floods;
(C) filter polluted runoff; and
(D) provide valuable commercial and recreational
benefits to coastal communities and the United States;
(8)(A) fish and wildlife conservation is a responsibility
shared by citizens and government; and
(B) public-private partnerships should be supported through
technical and financial assistance to conduct assessment,
protection, planning, restoration, and enhancement of coastal
ecosystems;
(9) successful fish and wildlife conservation increasingly
relies on interdependent partnerships in which priority
setting, planning, and conservation delivery are collaborative
endeavors;
(10) since 1985, the Service has administered a coastal
program through which the Service has worked with willing
partners to assess, protect, plan, restore, and enhance coastal
ecosystems, including coastal wetland and watersheds, upland,
and riparian and in-stream habitats, that provide significant
benefits to Federal trust species;
(11) through that coastal program, the Service provides
strategic conservation planning and design at the regional and
landscape scales, and integrates the resources of the Service
to address priorities identified by partners; and
(12) the coastal program of the Service complements and
enhances the National Coastal Wetlands Conservation Grant
Program under section 305 of the Coastal Wetlands Planning,
Protection and Restoration Act (16 U.S.C. 3954), which provides
matching grants to coastal States to support long-term
conservation of coastal wetland and associated habitats.
(b) Purpose.--The purpose of this Act is to legislatively authorize
the coastal program of the Service in effect as of the date of
enactment of this Act to conduct collaborative, long-term, landscape-
level planning and on-the-ground habitat protection, restoration, and
enhancement projects in priority coastal areas to conserve and recover
Federal trust species.
SEC. 3. DEFINITIONS.
In this Act:
(1) Coastal area.--The term ``coastal area'' includes--
(A) a coastal wetland or watershed;
(B) coastal water;
(C) a coastline; and
(D) an estuary and associated upland.
(2) Coastal ecosystem.--The term ``coastal ecosystem''
means an ecological community that provides fish and wildlife
habitat in coastal areas.
(3) Coastal habitat assessment.--The term ``coastal habitat
assessment'' means the process of evaluating the physical,
chemical, and biological function of a coastal site to
determine the value of the site to fish and wildlife.
(4) Coastal habitat enhancement.--The term ``coastal
habitat enhancement'' means the manipulation of the physical,
chemical, or biological characteristics of a coastal ecosystem
to increase or decrease specific biological functions that make
the ecosystem valuable to fish and wildlife.
(5) Coastal habitat planning.--The term ``coastal habitat
planning'' means the process of developing a comprehensive plan
that--
(A) characterizes a coastal ecosystem;
(B) sets long-term protection, restoration, or
enhancement goals;
(C) describes conservation strategies and
methodologies;
(D) establishes a timetable for implementation of
the plan; and
(E) identifies roles of sponsors and participants.
(6) Coastal habitat protection.--
(A) In general.--The term ``coastal habitat
protection'' means a long-term action to safeguard
habitats of importance to fish and wildlife species in
a coastal ecosystem.
(B) Inclusion.--The term ``coastal habitat
protection'' includes activities to support
establishment of conservation easements or fee-title
acquisition by Federal and non-Federal partners.
(7) Coastal habitat restoration.--The term ``coastal
habitat restoration'' means the manipulation of the physical,
chemical, or biological characteristics of a coastal ecosystem
with the goal of returning, to the maximum extent practicable,
the full natural biological functions to lost or degraded
native habitat.
(8) Federal trust species.--The term ``Federal trust
species'' means--
(A) a species listed as threatened or endangered
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) a species of migratory bird;
(C) a species of interjurisdictional fish;
(D) any species of marine mammal identified by the
Secretary; and
(E) any other species of concern, as determined by
the Secretary.
(9) Financial assistance.--The term ``financial
assistance'' means Federal funding support provided to eligible
recipients through a grant or cooperative agreement.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
(12) Technical assistance.--The term ``technical
assistance'' means a collaboration, facilitation, or consulting
action relating to a habitat protection, planning, restoration,
or enhancement project or initiative in which the Service
contributes scientific knowledge, skills, and expertise to a
project or program.
(13) Volunteer.--The term ``volunteer'' means a person that
is committed to performing a task without remuneration.
SEC. 4. COASTAL PROGRAM.
The Secretary shall carry out the Coastal Program within the
Service--
(1) to identify the most important natural resource
problems and solutions in priority coastal ecosystems in
partnership with--
(A) Federal, State, local, and tribal governments;
(B) nongovernmental institutions;
(C) nonprofit organizations; and
(D) private individuals or corporate entities;
(2) to provide technical and financial support through
partnerships with Federal, State, local, and tribal
governments, nongovernmental institutions, nonprofit
organizations, and private individuals for the conduct of
voluntary habitat assessment, protection, planning,
restoration, and enhancement projects on public or private
land;
(3) to assist in the development and implementation of
monitoring protocols and adaptive management procedures to
ensure the long-term success of coastal ecosystem conservation
and restoration measures; and
(4) to collaborate and share information with partners and
the public regarding methods and models for the conservation,
restoration, and enhancement of coastal ecosystems.
SEC. 5. YOUTH INVOLVEMENT.
In administering the Coastal Program, the Secretary shall, to the
maximum extent practicable (including consideration of cost-
effectiveness), employ youth volunteers and organizations that provide
service opportunities to youths to carry out nonhazardous habitat
restoration and enhancement activities.
SEC. 6. REPORTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act and biennially thereafter, the Secretary shall submit to
the Committees on Appropriations and Environment and Public Works of
the Senate, and the Committees on Appropriations and Natural Resources
of the House of Representatives, and make available to the public, a
report on the Coastal Program carried out under this Act.
(b) Requirements.--The report shall assess, as of the date of
submission of the report, on statewide and nationwide bases--
(1) the state of coastal ecosystems;
(2) progress made toward identifying the most important
natural resource problems and solutions in priority ecosystems;
and
(3) long-term prospects for and success of protecting,
restoring, and enhancing coastal ecosystems.
(c) Inclusions.--The report shall include--
(1) quantitative information on areas protected, restored,
or enhanced;
(2) Federal funds expended or leveraged;
(3) a description of adaptive management practices
implemented;
(4) a description of the number of volunteers and
contributions of those volunteers; and
(5) recommendations of the Secretary, if any, for
additional research, management, or legislation needed to
fully--
(A) address problems and implement solutions in
coastal ecosystems; and
(B) achieve the objectives of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as are necessary for each of fiscal years 2011 through 2015. | Coastal Habitat Conservation Act - Directs the Secretary of the Interior to carry out within the U.S. Fish and Wildlife Service a Coastal Program to: (1) identify the most important natural resource problems and solutions in priority coastal ecosystems in partnership with federal, state, local, and tribal governments, nongovernmental institutions, nonprofit organizations, and private individuals or corporate entities; (2) provide technical and financial support through partnerships with such governments, institutions, organizations, and private individuals for voluntary habitat assessment, protection, planning, restoration, and enhancement projects on public or private land; (3) assist in the development and implementation of monitoring protocols and adaptive management procedures so as to ensure the success of coastal ecosystem conservation and restoration measures; and (4) collaborate with partners and the public regarding methods and models for the conservation, restoration, and enhancement of coastal ecosystems.
Requires the Secretary to employ youth volunteers and organizations that provide service opportunities for youths to carry out nonhazardous habitat restoration and enhancement activities. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior, through the Coastal Program of the United States Fish and Wildlife Service, to work with willing partners and provide support to efforts to assess, protect, restore, and enhance important coastal areas that provide fish and wildlife habitat on which Federal trust species depend."} | 2,088 | 203 | 0.620144 | 1.641733 | 1.063787 | 5.481675 | 10.272251 | 0.979058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Verification for Refugees
Act''.
SEC. 2. REVIEW OF REFUGEES TO IDENTIFY SECURITY THREATS TO THE UNITED
STATES.
(a) Background Investigation.--In addition to the screening
conducted by the Secretary of Homeland Security, the Director of the
Federal Bureau of Investigation shall take all actions necessary to
ensure that each covered alien receives a thorough background
investigation prior to admission as a refugee. A covered alien may not
be admitted as a refugee until the Director of the Federal Bureau of
Investigation certifies to the Secretary of Homeland Security and the
Director of National Intelligence that each covered alien has received
a background investigation that is sufficient to determine whether the
covered alien is a threat to the security of the United States.
(b) Certification by Unanimous Concurrence.--A covered alien may
only be admitted to the United States after the Secretary of Homeland
Security, with the unanimous concurrence of the Director of the Federal
Bureau of Investigation and the Director of National Intelligence,
certifies to the appropriate Congressional Committees that the covered
alien is not a threat to the security of the United States.
(c) Inspector General Review of Certifications.--The Inspector
General of the Department of Homeland Security shall conduct a risk-
based review of all certifications made under subsection (b) each year
and shall provide an annual report detailing the findings to the
appropriate Congressional Committees.
(d) Monthly Report.--The Secretary of Homeland Security shall
submit to the appropriate Congressional Committees a monthly report on
the total number of applications for admission with regard to which a
certification under subsection (b) was made and the number of covered
aliens with regard to whom such a certification was not made for the
month preceding the date of the report. The report shall include, for
each covered alien with regard to whom a certification was not made,
the concurrence or nonconcurrence of each person whose concurrence was
required by subsection (b).
(e) Definitions.--In this Act:
(1) Covered alien.--The term ``covered alien'' means any
alien applying for admission to the United States as a refugee
who--
(A) is a national or resident of Iraq, Syria, or a
country designated as a high-risk country by the
Secretary of State under section 3;
(B) has no nationality and whose last habitual
residence was in Iraq, Syria, or a country designated
as a high-risk country by the Secretary of State under
section 3; or
(C) has been present in Iraq or Syria at any time
on or after March 1, 2011.
(2) Appropriate congressional committee.--The term
``appropriate Congressional Committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Foreign Relations of the
Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Committee on Armed Services of the House of
Representatives;
(H) the Permanent Select Committee on Intelligence
of the House of Representatives;
(I) the Committee on the Judiciary of the House of
Representatives;
(J) the Committee on Homeland Security of the House
of Representatives;
(K) the Committee on Appropriations of the House of
Representatives; and
(L) the Committee on Foreign Affairs of the House
of Representatives.
SEC. 3. REPORT ON RISK LEVELS OF COUNTRIES.
Not later than 60 days after the date of the enactment of this Act,
and annually thereafter, the Secretary of State, in consultation with
the Secretary of Homeland Security, the Director of the Federal Bureau
of Investigation, and the Director of National Intelligence, shall
submit to the appropriate Congressional Committees (as such term is
defined in section 2(e)) a report, which shall be submitted in
unclassified form to the maximum extent practicable, but may include a
classified annex, and which includes the following:
(1) A list of each country, a national or resident of which
submitted an application for admission to the United States as
a refugee under section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157) during the year preceding the report.
(2) For each country listed under paragraph (1), an
evaluation of the threat to the security of the United States
posed by aliens who are nationals or residents of each such
country, and a designation of each such country as high-risk,
medium-risk, or low-risk.
(3) For each country listed under paragraph (1), the number
of applications for admission as a refugee to the United States
during the year preceding the report.
(4) For each country listed under paragraph (1), the number
of aliens who were admitted to the United States as refugees
during the year preceding the report.
(5) Beginning with the second report submitted under this
section, in the case of a country for which the designation
under paragraph (2) changed from the designation of that
country in the preceding year's report, an explanation of the
reason for the change.
(6) To the extent practicable, and without jeopardizing
intelligence sources or methods, a description of the
following:
(A) Any presence of terrorism, hostile actions
against the United States or its allies, gross
violations of human rights, human trafficking, drug
trafficking, religious persecution, or other violations
of international law.
(B) Any presence of al Qaeda, al Qaeda affiliates,
Islamic State, or other terrorist groups.
(C) Any presence of transnational criminal
organizations. | Security Verification for Refugees Act This bill requires that, in addition to the Department of Homeland Security (DHS) screening, the Federal Bureau of Investigation (FBI) shall take all actions necessary to ensure that each covered alien receives a background investigation before U.S. refugee admission. A "covered alien" is any alien applying for U.S. refugee admission who: is a national or resident of Iraq, Syria, or a country designated as a high-risk country; has no nationality and whose last habitual residence was in Iraq, Syria, or a country designated as a high-risk country; or has been present in Iraq or Syria at any time on or after March 1, 2011. A covered alien: may not be admitted as a refugee until the FBI certifies to DHS and the Director of National Intelligence (DNI) that he or she has received a background investigation sufficient to determine whether the alien is a U.S. security threat; and may only be admitted to the United States after DHS, with the unanimous concurrence of the FBI and the DNI, certifies to Congress that he or she is not such a threat. The Inspector General of DHS shall conduct annual risk-based reviews of all certifications. DHS shall report monthly to Congress on the total number of admission applications for which a certification was made and the number of covered aliens for whom such a certification was not made for the preceding month. The report shall include for each covered alien for whom a certification was not made the concurrence or nonconcurrence of each person whose concurrence was required by the certification. The Department of State shall submit annually to Congress: a list of each country, a national or resident of which submitted an application for U.S. refugee admission; an evaluation of the threat posed by aliens who are nationals or residents of each listed country; and a description of any presence of terrorism, human rights violations, human trafficking, drug trafficking, religious persecution, or other violations of international law, any presence of al Qaeda, Islamic State, or other terrorist groups, or any presence of transnational criminal organizations. | {"src": "billsum_train", "title": "Security Verification for Refugees Act"} | 1,271 | 470 | 0.768934 | 2.536243 | 0.844198 | 4.842752 | 2.931204 | 0.906634 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Water and Sewer
Authority Act of 1996''.
SEC. 2. PERMITTING ISSUANCE OF REVENUE BONDS FOR WASTEWATER TREATMENT
ACTIVITIES.
(a) Authority to Issue Bonds.--
(1) In general.--The first sentence of section 490(a)(1) of the
District of Columbia Self-Government and Governmental
Reorganization Act (sec. 47-334(a)(1), D.C. Code) is amended--
(A) by striking ``and industrial'' and inserting
``industrial''; and
(B) by striking the period at the end and inserting the
following: ``, and water and sewer facilities (as defined in
paragraph (5)).''.
(2) Water and sewer facilities defined.--Section 490(a) of such
Act (sec. 47-334(a), D.C. Code) is amended by adding at the end the
following new paragraph:
``(5) In paragraph (1), the term `water and sewer facilities' means
facilities for the obtaining, treatment, storage, and distribution of
water, the collection, storage, treatment, and transportation of
wastewater, storm drainage, and the disposal of liquids and solids
resulting from treatment.''.
(b) Use of Revenues to Make Payments on Bonds.--The second sentence
of section 490(a)(3) of such Act (sec. 47-334(a)(3), D.C. Code) is
amended by inserting after ``property'' each place it appears in
subparagraphs (A) and (B) the following: ``(including water and sewer
enterprise fund revenues, assets, or other property in the case of
bonds, notes, or obligations issued with respect to water and sewer
facilities)''.
(c) Permitting Delegation of Authority To Issue Revenue Bonds to
Water and Sewer Authority.--
(1) In general.--Section 490 of such Act (sec. 47-334, D.C.
Code) is amended by adding at the end the following new subsection:
``(h)(1) The Council may delegate to the District of Columbia Water
and Sewer Authority established pursuant to the Water and Sewer
Authority Establishment and Department of Public Works Reorganization
Act of 1996 the authority of the Council under subsection (a) to issue
revenue bonds, notes, and other obligations to borrow money to finance
or assist in the financing or refinancing of undertakings in the area
of utilities facilities, pollution control facilities, and water and
sewer facilities (as defined in subsection (a)(5)). The Authority may
exercise authority delegated to it by the Council as described in the
first sentence of this paragraph (whether such delegation is made
before or after the date of the enactment of this subsection) only in
accordance with this subsection.
``(2) Revenue bonds, notes, and other obligations issued by the
District of Columbia Water and Sewer Authority under a delegation of
authority described in paragraph (1) shall be issued by resolution of
the Authority, and any such resolution shall not be considered to be an
act of the Council.
``(3) The fourth sentence of section 446 shall not apply to--
``(A) any amount (including the amount of any accrued interest
or premium) obligated or expended from the proceeds of the sale of
any revenue bond, note, or other obligation issued pursuant to this
subsection;
``(B) any amount obligated or expended for the payment of the
principal of, interest on, or any premium for any revenue bond,
note, or other obligation issued pursuant to this subsection;
``(C) any amount obligated or expended to secure any revenue
bond, note, or other obligation issued pursuant to this subsection;
or
``(D) any amount obligated or expended for repair, maintenance,
and capital improvements to facilities financed pursuant to this
subsection.''.
(2) Conforming amendment.--The fourth sentence of section 446
of such Act (sec. 47-304, D.C. Code) is amended by striking ``(f)
and (g)(3)'' and inserting ``(f), (g)(3), and (h)(3)''.
SEC. 3. TREATMENT OF REVENUES AND OBLIGATIONS.
(a) Exclusion of Revenues for Purposes of Cap on Aggregate District
Debt.--Paragraphs (1) and (3)(A) of section 603(b) of the District of
Columbia Self-Government and Governmental Reorganization Act (sec. 47-
313(b), D.C. Code) are each amended by inserting after ``revenue
bonds,'' the following: ``any revenues, charges, or fees dedicated for
the purposes of water and sewer facilities described in section 490(a)
(including fees or revenues directed to servicing or securing revenue
bonds issued for such purposes),''.
(b) Exclusion of Obligations Relating to Debt Servicing Payments on
Certain General Obligation Bonds.--
(1) In general.--Section 603(b)(2) of such Act (sec. 47-
313(b)(2), D.C. Code) is amended--
(A) by striking ``and obligations'' and inserting
``obligations''; and
(B) by inserting after ``establishment,'' the following:
``and obligations incurred pursuant to general obligation bonds
of the District of Columbia issued prior to October 1, 1996,
for the financing of Department of Public Works, Water and
Sewer Utility Administration capital projects,''.
(2) Conforming amendment.--Section 603(b)(3)(B) of such Act
(sec. 47-313(b)(3)(B), D.C. Code) is amended by inserting after
``bonds'' the following: ``(less the allocable portion of principal
and interest to be paid during the year on general obligation bonds
of the District of Columbia issued prior to October 1, 1996, for
the financing of Department of Public Works, Water and Sewer
Utility Administration capital projects)''.
SEC. 4. TREATMENT OF BUDGET OF WATER AND SEWER AUTHORITY.
(a) Preparation of Independent Budget.--Subpart 1 of part D of
title IV of the District of Columbia Self-Government and Governmental
Reorganization Act is amended by inserting after section 445 the
following new section:
``water and sewer authority budget
``Sec. 445A. The District of Columbia Water and Sewer Authority
established pursuant to the Water and Sewer Authority Establishment and
Department of Public Works Reorganization Act of 1996 shall prepare and
annually submit to the Mayor, for inclusion in the annual budget,
annual estimates of the expenditures and appropriations necessary for
the operation of the Authority for the year. All such estimates shall
be forwarded by the Mayor to the Council for its action pursuant to
sections 446 and 603(c), without revision but subject to his
recommendations. Notwithstanding any other provision of this Act, the
Council may comment or make recommendations concerning such annual
estimates, but shall have no authority under this Act to revise such
estimates.''.
(b) Exemption From Reductions of Budgets of Independent Agencies.--
Section 453(c) of such Act (sec. 47-304.1(c), D.C. Code) is amended--
(1) by striking ``courts or the Council, or to'' and inserting
``courts, the Council,''; and
(2) by striking the period at the end and inserting the
following: ``, or the District of Columbia Water and Sewer
Authority established pursuant to the Water and Sewer Authority
Establishment and Department of Public Works Reorganization Act of
1996.''.
(c) Conforming Amendment.--Section 442(b) of such Act (sec. 47-
301(b), D.C. Code) is amended--
(1) by striking ``and the Commission'' and inserting ``the
Commission''; and
(2) by striking the period at the end and inserting the
following: ``, and the District of Columbia Water and Sewer
Authority.''.
(d) Clerical Amendment.--The table of contents of subpart 1 of part
D of title IV of the District of Columbia Self-Government and
Governmental Reorganization Act is amended by inserting after the item
relating to section 445 the following new item:
``Sec. 445A. Water and Sewer Authority budget.''.
SEC. 5. CLARIFICATION OF COMPENSATION OF CURRENT EMPLOYEES OF
DEPARTMENT OF PUBLIC WORKS.
The first sentence of section 205(b)(2) of the Water and Sewer
Authority Establishment and Department of Public Works Reorganization
Act of 1996 (sec. 43-1675(b)(2), D.C. Code) is amended by striking
``duties)'' and inserting ``duties, and except as may otherwise be
provided under the personnel system developed pursuant to subsection
(a)(4) or a collective bargaining agreement entered into after the date
of the enactment of this Act)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | District of Columbia Water and Sewer Authority Act of 1996 - Amends the District of Columbia Self-Government and Governmental Reorganization Act to authorize the District of Columbia Council to issue revenue bonds, notes, and other obligations to borrow money to finance water and sewer facilities (defined as facilities for the obtaining, treatment, storage, and distribution of water, the collection, storage, treatment, and transportation of wastewater, storm drainage, and the disposal of liquids and solids resulting from treatment).
Allows water and sewer enterprise fund revenues, assets, or other property to be used as payments and security for obligations issued with respect to water and sewer facilities.
Permits the D.C. Council to delegate to the District of Columbia Water and Sewer Authority the authority to issue obligations to finance utilities facilities, pollution control facilities, and water and sewer facilities. Provides that such obligations issued by the Authority shall be issued by resolution of the Authority and not by an act of the Council.
Makes provisions requiring congressional approval before amounts may be obligated or expended by District government employees or officers inapplicable with respect to any amount obligated or expended: (1) from the proceeds of the sale of such obligations; (2) for the payment of the principal of, interest on, or any premium for such obligations; (3) to secure such obligations; and (4) for repair, maintenance, and capital improvements to facilities financed by such obligations.
Removes from the calculation of the District's debt service ceiling: (1) revenues, charges, or fees dedicated for the purposes of water and sewer facilities; and (2) obligations incurred pursuant to general obligation bonds issued before FY 1997 for the financing of Department of Public Works, Water and Sewer Utility Administration capital projects.
Requires: (1) the Authority to submit to the Mayor for inclusion in the annual budget annual estimates of the expenditures and appropriations necessary for its operation for the year; and (2) the Mayor, without revision but subject to recommendations, to forward the estimates to the Council for its action. Permits the Council to comment or make recommendations concerning, but not revise, such annual estimates.
Prohibits the Mayor from reducing amounts appropriated or otherwise made available to the Authority if determined necessary to reduce the District's budget in a fiscal year.
Amends the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996 to require employees transferred from the Department of Public Works to the Authority to perform their duties under the personnel system developed by the Authority's Board or a collective bargaining agreement entered into after the enactment of such Act. | {"src": "billsum_train", "title": "District of Columbia Water and Sewer Authority Act of 1996"} | 2,081 | 550 | 0.664238 | 2.152131 | 0.671437 | 4.874263 | 3.508841 | 0.905697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Transparent Regulatory
and Environmental Actions in Mining Act'' or the ``STREAM Act''.
SEC. 2. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED
ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL
ASSESSMENTS, AND ECONOMIC ASSESSMENTS.
(a) Requirement.--Title V of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended by adding
at the end the following:
``SEC. 530. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED
ENVIRONMENTAL ANALYSES, AND ECONOMIC ASSESSMENTS.
``(a) Requirement.--
``(1) In general.--The Secretary shall make publicly
available 90 days before the publication of any draft,
proposed, supplemental, final, or emergency rule under this
Act, or any related environmental analysis, economic
assessment, policy, or guidance, each scientific product the
Secretary relied on in developing the rule, environmental
analysis, economic assessment, policy, or guidance.
``(2) Federally funded scientific products.--For those
scientific products receiving Federal funds in part, or in
full, the Secretary shall also make publicly available the raw
data used for the federally funded scientific product.
``(b) Compliance.--
``(1) In general.--Failure to make publicly available any
scientific product 90 days before the publication of--
``(A) any draft, proposed, or supplemental rule,
environmental analysis, economic assessment, policy or
guidance shall extend by one day the comment period for
each day such scientific product is not made available;
or
``(B) any final or emergency rule shall delay the
effective date of the final or emergency rule by 60
days plus each day the scientific product is withheld.
``(2) Delay longer than 6 months.--If the Secretary fails
to make publicly available any scientific product for longer
than 6 months, the Secretary shall withdraw the rule,
environmental analysis, economic assessment, policy, or
guidance.
``(3) Exception.--This subsection shall not apply if a
delay in the publication of a rule will pose an imminent and
severe threat to human life.
``(c) Definitions.--In this section:
``(1) Publicly available.--The term `publicly available'
means published on the Internet via a publicly accessible
website under the Secretary's control.
``(2) Environmental analysis.--The term `environmental
analysis' means environmental impact statements and
environmental assessments prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(3) Scientific product.--The term `scientific product'
means any product that--
``(A) employs the scientific method for
inventorying, monitoring, experimenting, studying,
researching, or modeling purposes;
``(B) is relied upon by the Secretary in the
development of any rule, environmental analysis,
economic assessment, policy, or guidance; and
``(C) is not protected under copyright laws.
``(4) Raw data.--The term `raw data'--
``(A) except as provided in subparagraph (B), means
any computational process, or quantitative or
qualitative data, that is relied on in a scientific
product to support a finding or observation; and
``(B) does not include such data or processes--
``(i) that are protected by copyright;
``(ii) that contain personally identifiable
information, sensitive intellectual property,
trade secrets, or business-sensitive
information; or
``(iii) to the extent that such data and
processes are covered by the provisions of part
C of title XI of the Social Security Act (42
U.S.C. 1320d et seq.), regulations promulgated
pursuant to section 264(c) of the Health
Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note), and the
provisions of subtitle D of title XIII of the
Health Information Technology for Economic and
Clinical Health Act (42 U.S.C. 17921 et
seq.).''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by adding at the end of the items relating to
such title the following:
``Sec. 530. Publication of scientific products for rules and related
environmental analyses, and economic
assessments.''.
SEC. 3. STUDY OF THE EFFECTIVENESS OF CERTAIN RULE.
(a) Requirement.--Title VII of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1291 et seq.) is amended by adding
at the end the following:
``SEC. 722. STUDY OF THE EFFECTIVENESS OF CERTAIN RULE.
``(a) Study.--No later than 90 days after the date of the enactment
of the STREAM Act, the Secretary of the Interior, in consultation with
the Interstate Mining Compact Commission and its State members, shall
enter into an arrangement with the National Academy of Sciences, for
execution by the Board on Earth Sciences and Resources, to conduct a
comprehensive study on the regulatory effectiveness of the `Surface
Coal Mining and Reclamation Operations Permanent Regulatory Program;
Stream Buffer Zones and Fish, Wildlife, and Related Environmental
Values' Final Rule published June 30, 1983 (48 Fed. Reg. 30312), and
amended September 30, 1983 (48 Fed. Reg. 44777), in protecting
perennial and intermittent streams through the use of stream buffer
zones. If the study determines the existence of regulatory
inefficiencies, then the study shall include suggestions and
recommendations for increasing the effectiveness of the rule.
``(b) Results of the Study.--Not later than 2 years after execution
of the arrangements under subsection (a), the Board on Earth Sciences
and Resources shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate, appropriate Federal agencies, and the Governor
of each of the States represented on the Interstate Mining Compact
Commission the results of the study conducted under subsection (a).
``(c) Funding.--There is authorized to be appropriated to the
Secretary of the Interior $1,000,000 for fiscal year 2016 and
$1,000,000 for fiscal year 2017 for the purposes of this section.
``(d) Prohibition on New Regulations.--The Secretary shall not
issue any final or other regulations pertaining to the proposed rule
entitled `Stream Protection Rule' (80 Fed. Reg. 44436) or relating to
stream buffer zones, until 1 year after the Secretary has submitted the
results of the study in accordance with subsection (b). If the
Secretary proposes any such regulations after such submission, the
Secretary shall take into consideration the findings of the study.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by adding at the end of the items relating to
such title the following:
``Sec. 720. Subsidence.
``Sec. 721. Research.
``Sec. 722. Study of the effectiveness of certain rule.''.
SEC. 4. COMPLIANCE WITH OTHER FEDERAL LAWS.
Section 702 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1292) is amended--
(1) by redesignating subsections (c) and (d) as subsection
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Compliance With Other Federal Laws.--Nothing in this Act
authorizes the Secretary to take any action by rule, regulation,
notice, policy, guidance, or order that duplicates, implements,
interprets, enforces, or determines any action taken under an Act
referred to in subsection (a) or any regulation or rule promulgated
thereunder.''.
Passed the House of Representatives January 12, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Supporting Transparent Regulatory and Environmental Actions in Mining Act or the STREAM Act (Sec. 2) This bill amends the Surface Mining Control and Reclamation Act of 1977 to direct the Department of the Interior to make publicly available online and in the Federal Register, 90 days before publication, any draft, proposed, supplemental, final, or emergency rule, or any environmental analysis, economic assessment, policy, or guidance, and each scientific product upon which Interior has relied in developing the rule, the analysis, or the assessment. A scientific product is any product that: employs the scientific method for inventorying, monitoring, experimenting, studying, researching, or modeling purposes; is relied upon by Interior in developing any rule, environmental analysis, economic assessment, policy, or guidance; and is not protected under copyright laws. For scientific products receiving federal funds Interior must also make publicly available the raw data used for them (any computational process or quantitative or qualitative data not protected by copyright or containing personally identifiable information, sensitive intellectual property, trade secrets, or business-sensitive information). If Interior fails to make publicly available any scientific product for longer than six months, it must withdraw the rule, environmental analysis, or economic assessment policy or guidance. This requirement shall not apply if a delay in the publication of a rule will pose an imminent and severe threat to human life. (Sec. 3) Interior shall arrange with the National Academy of Sciences for its Board on Earth Sciences and Resources to conduct a detailed, comprehensive study of the effectiveness of the "Surface Coal Mining and Reclamation Operations Permanent Regulatory Program; Stream Buffer Zones and Fish, Wildlife, and Related Environmental Values" Final Rule in protecting perennial and intermittent streams through the use of stream buffer zones. The study shall include suggestions and recommendations for increasing the effectiveness of the rule if it finds regulatory inefficiencies. Appropriations for the study are authorized for FY2016-FY2017. Until one year after publication of the Board's report to Congress, Interior may not issue any proposed or final regulations under the Act that relate either to stream buffer zones or to stream protection. (Sec. 4) The Surface Mining Control and Reclamation Act of 1977 is further amended to declare that nothing in it authorizes Interior to take any action that duplicates, implements, interprets, enforces, or determines compliance with specified mining, environmental, or fish and wildlife law. | {"src": "billsum_train", "title": "Supporting Transparent Regulatory and Environmental Actions in Mining Act"} | 1,852 | 519 | 0.698814 | 2.392028 | 0.760588 | 4.346983 | 3.471983 | 0.915948 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Minors Protection and
Cyberspace Technology Act''.
SEC. 2. COMPUTER SOFTWARE REQUIRED.
(a) Installation Required.--Any elementary or secondary school or
public library that has received under any program or activity of any
Federal agency any funds for the acquisition or operation of any
computer that is accessible to minors and that has access to the
Internet, or that has received universal service assistance under
section 254(h)(1)(B) of the Communications Act of 1934 for accessing
the Internet on any computer that is accessible to minors, shall--
(1) install software on that computer that is determined
(in accordance with subsection (b)) to be adequately designed
to prevent minors from obtaining access to any obscene
information or child pornography using that computer; and
(2) ensure that such software is operational whenever that
computer is used by minors, except that such software's
operation may be temporarily interrupted to permit a minor to
have access to information that is not obscene, is not child
pornography, or is otherwise unprotected by the Constitution
under the direct supervision of an adult designated by such
school or library.
(b) Determination of Adequate Design.--For any elementary or
secondary school or public library within the jurisdiction of any
State, the determinations required for purposes of subsection (a)(1)
shall be made by an agency or official designated by the chief
executive officer of such State. For any elementary or secondary school
or public library that is not within the jurisdiction of any State, the
determinations required for purposes of subsection (a)(1) shall be made
by the Secretary of Education.
(c) Consequences of Violations.--
(1) Use of general education provisions act remedies.--
Whenever the head of any Federal agency has reason to believe
that any recipient of funds under any program or activity is
failing to comply substantially with the requirements of
subsection (a), the head of such agency may--
(A) withhold further payments under that program or
activity,
(B) issue a complaint to compel compliance through
a cease and desist order, or
(C) enter into a compliance agreement with a
recipient to bring it into compliance,
in the same manner as the Secretary of Education is authorized
to take such actions under sections 455, 456, and 457,
respectively, of the General Education Provisions Act (20
U.S.C. 1234d).
(2) Recovery of funds prohibited.--The actions authorized
by paragraph (1) are the exclusive remedies available with
respect to a violation of subsection (a), and the head of any
Federal agency shall not seek a recovery of funds from the
recipient.
(d) Definitions.--For purposes of this section:
(1) Elementary or secondary school.--The term ``elementary
or secondary school'' means an elementary school or a secondary
school as such terms are defined in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(2) Public library.--The term ``public library'' means has
the meaning given the term ``library'' by section 213 of the
Library Services and Technology Act (20 U.S.C. 9122).
(3) Computer.--The term ``computer'' includes any hardware,
software, or other technology attached or connected to,
installed in, or otherwise used in connection with a computer.
(4) Access to internet.--A computer shall be considered to
have access to the Internet if such computer is equipped with a
modem or is connected to a computer network which has access to
the Internet.
(5) Acquisition or operation.--A elementary or secondary
school or public library shall be considered to have received
under a program or activity of any Federal agency any funds for
the acquisition or operation of any computer if such funds are
used in any manner, directly or indirectly--
(A) to purchase, lease, or otherwise acquire or
obtain the use of such computer, or
(B) to obtain services, supplies, software, or
other actions or materials to support, or in connection
with, the operation of such computer.
(6) Federal agency.--The term ``Federal agency'' has the
meaning given the term `agency' by section 551(1) of title 5,
United States Code.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau.
(8) Child pornography.--The term ``child pornography'' has
the meaning provided in section 2256(8) of title 18, United
States Code. | Allows temporary interruption of software operation to permit a minor, under the direct supervision of an adult designated by the school or library, to have access to information that is not obscene, is not child pornography, or is otherwise unprotected by the Constitution.
Requires determinations of adequate design to be made by an agency or official designated by the State Governor.
Authorizes Federal agency heads to respond to violations of this Act by seeking remedies, in the same manner as under the General Education Provisions Act, including withholding of further payments, issuing a complaint to compel compliance through a cease and desist order, or entering into a compliance agreement with the recipient of funds. Prohibits seeking recovery of funds from the recipient. | {"src": "billsum_train", "title": "Internet Minors Protection and Cyberspace Technology Act"} | 1,046 | 163 | 0.584478 | 1.721122 | 0.815646 | 4.625 | 7.132353 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs Work-
Study Act of 2005''.
SEC. 2. PROVISION OF ADDITIONAL AREAS OF WORK-STUDY FOR VETERANS.
(a) In General.--Subsection (a)(4) of section 3485 of title 38,
United States Code, is amended by adding at the end the following new
subparagraphs:
``(G) The provision of placement services described in
section 3104(a)(5) of this title at an educational institution
carried out under the supervision of a Department employee.
``(H) The provision of counseling and assistance in
identifying employment and training opportunities, help in
obtaining such employment and training, and other related
information and services to members of the Armed Forces who are
being separated from active duty, and the spouses of such
members, under the Transition Assistance Program and Disabled
Transition Assistance Program established in section 1144 of
title 10, carried out under the supervision of disabled
veterans' outreach program specialists or local veterans'
employment representatives under chapter 41 of this title.
``(I) Any activity approved by the Secretary in support of
a Senior Reserve Officers' Training Corps program at an
educational institution or on a military installation carried
out under the supervision of an administrator or instructor
referred to in section 2111 of title 10, United States Code.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to agreements entered into under section 3485 of
title 38, United States Code, on or after the date of the enactment of
this Act.
SEC. 3. 5-YEAR PILOT PROGRAM FOR ON-CAMPUS WORK-STUDY POSITIONS.
(a) Establishment of Pilot Program.--The Secretary of Veterans
Affairs shall conduct a five-year pilot project to test the feasibility
and advisability of expanding the scope of qualifying work-study
activities under subsection (a)(4) of section 3485 of title 38, United
States Code, to include work-study positions available on site at
educational institutions.
(b) Type of Work-Study Positions.--The work-study positions
referred to in subsection (a) may include positions in academic
departments (such as tutors or research, teaching, and lab assistants)
and in student services (such as career centers, financial aid, campus
orientation, cashiers, admissions, records and registration).
(c) Requirements.--
(1) Approval of position by the secretary.--No payment may
be made under the pilot project for a work-study position
referred to in subsection (a) unless the Secretary of Veterans
Affairs has approved the work-study position offered by
educational institution based on an application submitted to
the Secretary by the institution for such purpose containing
such information and meeting such requirements as the Secretary
may specify.
(2) All other qualifying work-study activities are
filled.--Before a work-study position referred to in subsection
(a) may be filled by an applicant under the pilot project, the
applicant shall demonstrate to the Secretary that there is no
position in a qualifying work-study activity under
subparagraphs (A) through (I) of section 3845(a)(4) of such
title in which the applicant may work during the applicable
agreement period.
(d) Limitation on Number of Positions.--In conducting the pilot
program, the Secretary shall ensure that no more than 10 percent of all
work-study agreements under section 3485 of such title at any time are
for work-study positions provided for under the pilot project.
(e) Maintenance of Numbers and Types of Work-Study Opportunities
Offered by Educational Institutions.--The Secretary may not enter into
an agreement for a work-study position referred to in subsection (a)
unless the educational institution involved demonstrates that the
number and types of work-study positions offered by the educational
institution during the year preceding the year in which the Secretary
conducts the pilot project is not less than such number and type
offered during the pilot project.
(f) Regulations.--The Secretary shall prescribe regulations to
carry out the pilot project under this section, including regulations
providing for the supervision of work-study positions referred to in
subsection (a) by appropriate personnel.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $1,000,000 for each of fiscal years 2006
through 2010 to carry out the pilot project under this section.
SEC. 4. TECHNICAL CORRECTIONS.
Section 3484 of title 38, United States Code, is amended--
(1) in subsection (a)(1)(E), by inserting ``or 1607'' after
``chapter 1606'';
(2) in subsection (b), by striking ``chapter 106'' and
inserting ``chapter 1606 or 1607''; and
(3) in subsection (e)(1)--
(A) by striking ``services of the kind described in
clauses (A) through (E) of subsection (a)(1) of this
section'' and inserting ``a qualifying work-study
activity described in subsection (a)(4)''; and
(B) by striking ``chapter 106'' and inserting
``chapter 1606 or 1607''. | Department of Veterans Affairs Work-Study Act of 2005 - Includes as a "work-study activity" for qualifying veterans: (1) the provision of placement services at an educational institution; (2) the provision of counseling and assistance in identifying employment and training opportunities and related information and services to members of the Armed Forces being separated from active duty (and their spouses); and (3) any approved activity in support of a Senior Reserve Officers' Training Corps program at an educational institution or military installation.
Directs the Secretary of Veterans Affairs to conduct a five-year pilot project to test the feasibility and advisability of expanding the scope of qualifying work-study activities to include work-study positions available on site at educational institutions. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide additional work-study opportunities for eligible veterans, and for other purposes."} | 1,178 | 156 | 0.577076 | 1.642585 | 0.759016 | 5.659722 | 7.277778 | 0.965278 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Democracy to the U.S.
Congress Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that, while the United States is
endeavoring to bring democracy to countries such as Iraq and
Afghanistan, recent events in the Congress have battered the pillars of
our democratic system here at home within the world's greatest
deliberative body.
(b) Purpose.--The purpose of this Act is to stop this loss of
democracy here at home and prevent further occurrences of recent
injustices including--
(1) barring Members appointed to conference committees from
attending meetings of those committees;
(2) calling the Capitol Police to forcibly remove Members
from legislative meetings;
(3) extending the time limit on recorded votes from minutes
to hours to alter the outcome;
(4) attaching special-interest amendments to conference
reports that have not been the subject of hearings or votes in
either House or contained in the underlying legislation as
passed either House;
(5) redrawing congressional districts for partisan
political gains in between censuses;
(6) requiring Members to vote on legislation that has not
been circulated or read;
(7) allegedly offering a bribe on the House floor;
(8) allegedly stealing confidential documents from a
committee's computer server; and
(9) spending committee funds to pay for mass mail
communications to individual Members' districts.
SEC. 3. TIME LIMIT ON ROLL CALL VOTES.
The last sentence of clause 2(a) of rule XX of the House of
Representatives is amended by inserting ``and, except by unanimous
consent or mutual agreement of the majority and minority leaders, the
maximum time shall be 17 minutes'' before the period at the end.
SEC. 4. ACTUAL VOTING REQUIRED IN CONFERENCE COMMITTEE MEETINGS.
Clause 8(a) of rule XXII of the Rules of the House of
Representatives is amended by adding at the end the following new
subparagraph:
``(3) It shall not be in order to consider a conference report
unless the senior manager from the majority party on the part of the
House as so designated for that purpose by the majority leader and the
senior manager from the minority party on the part of the House as so
designated for that purpose by the minority leader include in the
statement of managers accompanying such conference report a signed
statement that all House managers have been afforded an opportunity at
a meeting of the committee on conference to vote on all amendments and
other propositions considered by that committee.''.
SEC. 5. GERMANENESS REQUIREMENT FOR CONFERENCE REPORTS MAY NOT BE
WAIVED.
Clause 6(c) of rule XIII of the Rules of the House of
Representatives is amended by adding at the end the following new
subparagraph:
``(3) a rule or order that would prevent a Member from
making a point of order against nongermane matter in a
conference agreement pursuant to clause 9 of rule XXII.''.
SEC. 6. REMOVAL OF MEMBERS FROM COMMITTEE MEETINGS.
Clause 3 of rule II of the Rules of the House of Representatives is
amended by adding at the end the following new paragraph:
``(g) The duty to forcibly remove a Member, Delegate, or Resident
Commissioner from any committee meeting room shall reside exclusively
with the Sergeant-at-Arms and such removal may only be executed at the
request of any other such individual.''.
SEC. 7. LIMIT ON REDISTRICTING AFTER AN APPORTIONMENT OF
REPRESENTATIVES.
The Act entitled ``An Act for the relief of Doctor Ricardo Vallejo
Samala and to provide for congressional redistricting'', approved
December 14, 1967 (2 U.S.C. 2c), is amended by adding at the end the
following: ``A State that has been redistricted in the manner provided
by the law thereof after an apportionment under section 22(a) of the
Act entitled `An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for an apportionment of
Representatives in Congress', approved June 18, 1929 (2 U.S.C. 2a), may
not be so redistricted until after the next apportionment of
Representatives under such section 22(a), unless the State is ordered
by a Federal court to conduct such subsequent redistricting in order to
comply with the Constitution of the United States or to enforce the
Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).''.
SEC. 8. AVAILABILITY OF LEGISLATION ON THE INTERNET.
Clause 6(c) of rule XIII of the Rules of the House of
Representatives is amended by striking the period at the end of
subparagraph (2) and inserting a semicolon and by adding at the end the
following new subparagraph:
``(3) a rule or order eliminating the reading in full of
any bill, resolution, conference report, or amendment unless
such measure is available to all Members and made available to
the general public by means of the Internet for at least 24
hours before its consideration.''.
SEC. 9. BRIBERY PROHIBITED ON HOUSE FLOOR.
The Congress hereby reiterates that the bribery of a Member of
Congress on the floor of the House of Representatives or the Senate is
a violation of section 201 (bribery of public officials and witnesses)
of title 18, United States Code, and should be prosecuted whenever it
occurs.
SEC. 10. HACKING INTO OTHER MEMBERS' COMPUTER FILES PROHIBITED.
Congress hereby reiterates that accessing a computer of a Member of
Congress without authorization or exceeding authorized access is a
violation of section 1030 (fraud and related activity in connection
with computers) of title 18, United States Code, and should be
prosecuted whenever it occurs.
SEC. 11. CAP ON MAILING EXPENSES OF COMMITTEES.
Rule X of the Rules of the House of Representatives is amended by
adding at the end the following new clause:
``12. No Committee may expend more than $25,000 for mailing
expenses during a session of Congress.''.
SEC. 12. REQUIRING AT LEAST ONE-THIRD OF COMMITTEE BUDGET TO BE
PROVIDED TO MINORITY.
Rule X of the Rules of the House of Representatives, as amended by
section 11, is further amended by adding at the end the following new
clause:
``13. Of the total amounts provided to any Committee for its
expenses (including expenses for staff) during a session of Congress,
\1/3\ of such amount, or such greater percentage as may be agreed to by
the chair and ranking minority member of the Committee, shall be
expended at the direction of the ranking minority member.''.
SEC. 13. EXERCISE OF RULEMAKING POWERS.
The provisions of this Act are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House. | Restoring Democracy to the U.S. Congress Act of 2004 - Amends the Rules of the House of Representatives to address: (1) the time limit on roll call votes; (2) actual voting required in conference committee meetings; (3) waiver of the germaneness requirement for conference reports; (4) removal of Members from committee meetings; (5) a limit on redistricting after an apportionment of Representatives; (6) availability of legislation on the Internet; (7) bribery on the House floor; (8) hacking into other Members' computer files; (9) capping committee mailing expenses; and (10) a requirement that at least one-third of committee budget be provided to the minority ranking member. | {"src": "billsum_train", "title": "To amend the Rules of the House of Representatives to prohibit behavior that threatens that institution, and for other purposes."} | 1,724 | 152 | 0.627325 | 1.910463 | 0.638438 | 4.144928 | 10.84058 | 0.971014 |
SECTION 1. EXTENSION OF SUSPENSION OF DUTY ON CERTAIN CHEMICALS.
Each of the following headings of the Harmonized Tariff Schedule of
the United States is amended by striking ``12/31/92'' and inserting
``12/31/94''.
(1) 9902.29.04 (relating to p-Toluenesulfonyl chloride).
(2) 9902.29.13 (relating to 2,6-Dichlorobenzaldehyde).
(3) 9902.29.28 (relating to <greek-a>,<greek-a>,<greek-a>-
Trifluoro-o-toluidine).
(4) 9902.29.30 (relating to 8-Amino-1-naphthalenesulfonic
acid and its salts).
(5) 9902.29.31 (relating to 5-Amino-2-(p-
aminoanilino)benzenesulfonic acid).
(6) 9902.29.33 (relating to 1-Amino-8-hydroxy-3,6-
naphthalenedisulfonic acid; and 4-Amino-5-hydroxy-2,7-
naphthalenedisulfonic acid, monosodium salt (H acid, monosodium
salt)).
(7) 9902.29.35 (relating to 6-Amino-4-hydroxy-2-
naphthalenesulfonic acid (Gamma Acid)).
(8) 9902.29.38 (relating to 3,3'-Dimethoxybenzidine (o-
Dianisidine) and its dihydrochloride).
(9) 9902.29.40 (relating to 2-Amino-5-nitrophenol).
(10) 9902.29.43 (relating to 1-Amino-2,4-
dibromoanthraquinone).
(11) 9902.29.44 (relating to 1-Amino-4-bromo-2-
anthraquinonesulfonic acid (Bromamine acid) and its sodium
salt).
(12) 9902.29.47 (relating to 4-Methoxyaniline-2-sulfonic
acid).
(13) 9902.29.51 (relating to N-(7-Hydroxy-1-naphthyl
acetamide).
(14) 9902.29.57 (relating to N,N-bis(2-cyanoethyl)aniline).
(15) 9902.29.64 (relating to 6-(3-Methyl-5-oxo-1-
pyrazolyl)-1,3-naphthalenedisulfonic acid (amino-J-pyrazolone)
(CAS No. 7277-87-4); and 3-Methyl-1-phenyl-5-pyrazolone
(Methylphenylpyrazolone)).
(16) 9902.29.69 (relating to 3-Methyl-5-pyrazolone).
(17) 9902.29.79 (relating to 2-Amino-N-
ethylbenzenesulfonoanilide).
(18) 9902.30.15 (relating to 7-Hydroxy-1,3-
naphthalenedisulfonic acid, dipotassium salt (CAS No. 842-18-
2)).
(19) 9902.30.18 (relating to 1,4-Dihydroxyanthraquinone
(CAS No. 81-64-1)).
(20) 9902.30.31 (relating to 2-Chloro-4-nitroaniline (CAS
No. 121-87-9)).
(21) 9902.30.32 (relating to 4-Chloro-<greek-a>-<greek-a>-
<greek-a>-trifluoro-o-toluidine (CAS No. 445-03-4)).
(22) 9902.30.34 (relating to 5-Amino-2-naphthalenesulfonic
acid (CAS No. 119-79-9)).
(23) 9902.30.35 (relating to 7-Amino-1,3-
naphthalenedisulfonic acid, monopotassium salt (CAS No. 842-15-
9)).
(24) 9902.30.36 (relating to 4-Amino-1-naphthalenesulfonic
acid, sodium salt (CAS No. 130-13-2)).
(25) 9902.30.37 (relating to 8-Amino-2-naphthalenesulfonic
acid (CAS No. 119-28-8)).
(26) 9902.30.38 (relating to mixtures of 5- and 8-amino-2-
naphthalenesulfonic acid (CAS No. 119-28-8)).
(27) 9902.30.39 (relating to 1-Naphthylamine (CAS No. 134-
32-7)).
(28) 9902.30.40 (relating to 6-Amino-2-naphthalenesulfonic
acid (CAS No. 93-00-5)).
(29) 9902.30.43 (relating to 2,4-Diaminobenzenesulfonic
acid (CAS No. 88-63-1)).
(30) 9902.30.48 (relating to 2-Amino-4-chlorophenol (CAS
No. 95-85-2)).
(31) 9902.30.47 (relating to 1-Amino-2-methoxybenzene (o-
Anisidine) (CAS No. 90-04-0)).
(32) 9902.30.51 (relating to 7-Anilino-4-hydroxy-2-
naphthalenesulfonic acid (CAS No. 119-40-4)).
(33) 9902.30.52 (relating to 1,4-Diamino-2,3-
dihydroanthraquinone (CAS No. 81-63-0)).
(34) 9902.30.55 (relating to 1-Amino-2-bromo-4-
hydroxyanthraquinone (CAS No. 116-82-5)).
(35) 9902.30.67 (relating to 4-Aminoacetanilide (CAS No.
122-80-5)).
(36) 9902.30.75 (relating to 2-[(4-
Aminophenyl)sulfonyl]ethanol, hydrogen sulfate ester (CAS No.
2494-89-5)).
(37) 9902.30.80 (relating to 2,5-Dichloro-4-(3-methyl-5-
oxo-2-pyrazolin-1-yl)-benzenesulfonic acid (CAS No. 84-57-1)).
(38) 9902.30.89 (relating to 1,3,3-Trimethyl-2-
methyleneindoline (CAS No. 118-12-7)).
(39) 9902.30.94 (relating to 7-Nitronaphth[1,2]-oxadiazole-
5-sulphonic acid (CAS No. 84-91-3)).
SEC. 2. EFFECTIVE DATE.
(a) In General.--The amendments made by section 1 apply with
respect to goods entered, or withdrawn from warehouse for consumption
on or after the 15th day after the date of the enactment of this Act.
(b) Retroactive Provision.--Notwithstanding section 514 of the
Tariff Act of 1930 or any other provision of law, upon a request filed
with the appropriate customs officer on or before the 90th day after
the date of the enactment of this Act, any entry or withdrawal from
warehouse for consumption of goods to which the amendment made by
section 1 applies and that was made--
(1) after December 31, 1992; and
(2) before the 15th day after the date of the enactment of
this Act;
and with respect to which there would have been a lower duty if the
amendment made by section 1 had applied to such entry or withdrawal,
shall be liquidated or reliquidated as though such entry or withdrawal
had occurred on such 15th day. | Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on certain organic chemicals. | {"src": "billsum_train", "title": "A bill to extend temporarily the suspension of duty on certain chemicals."} | 1,849 | 29 | 0.412817 | 1.098373 | 0.235779 | 2.4 | 48.32 | 0.8 |
SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF ROLLER
CHAIN.
(a) Liquidation or Reliquidation of Entries.--Notwithstanding
sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and
1520) or any other provision of law, the Bureau of Customs and Border
Protection shall, not later than 90 days after the date of enactment of
this Act, liquidate or reliquidate the entries listed in subsection (b)
without assessment of antidumping duties or interest and shall refund
any antidumping duties or interest which were previously paid.
(b) Affected Entries.--The entries referred to in subsections (a)
and (b) are the following:
Entry number Date of entry Port
858442975 08/21/85 Chicago
868558147 01/28/86 Chicago
868565499 03/14/86 Chicago
858440922 07/31/85 Chicago
868565499 03/14/86 Chicago
868558147 01/28/86 Chicago
858442975 08/21/85 Chicago
858440922 07/31/85 Chicago
847648353 06/18/84 Chicago
858268324 01/04/85 Chicago
858264302 11/08/84 Chicago
858265107 11/19/84 Chicago
847650150 07/18/84 Chicago
847412877 05/09/84 Chicago
837078386 03/21/83 Chicago
837077691 02/07/83 Chicago
837077701 02/07/83 Chicago
826735834 01/13/82 Chicago
826736309 01/18/82 Chicago
821020081 02/12/82 Chicago
821020052 02/17/82 Chicago
821026768 04/13/82 Chicago
827119569 06/18/82 Chicago
837075114 10/06/82 Chicago
826727088 10/14/81 Chicago
837124777 05/19/83 Chicago
847405240 11/28/83 Chicago
837127606 08/18/83 Chicago
837125132 06/08/83 Chicago
847406100 12/22/83 Chicago
847404034 11/02/83 Chicago
837128090 09/07/83 Chicago
837126762 08/05/83 Chicago
837125569 06/22/83 Chicago
837078991 04/12/83 Chicago
837129222 10/03/83 Chicago
847406414 12/29/83 Chicago
847408014 01/31/84 Chicago
868569204 07/03/86 Chicago
868730813 08/14/86 Chicago | Directs the Bureau of Customs and Border Protection to: (1) liquidate or reliquidate certain entries of roller chains without assessment of antidumping duties or interest; and (2) refund any amounts owed. | {"src": "billsum_train", "title": "To provide for the liquidation or reliquidation of certain entries."} | 586 | 43 | 0.410795 | 1.345716 | 0.795386 | 3.263158 | 9.973684 | 0.842105 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Long-Term
Care Patient Safety and Improvement Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of long-term care hospital.
Sec. 3. Implementation of facility and patient criteria.
Sec. 4. Establishment of rehabilitation units within certain long-term
care hospitals.
Sec. 5. Expanded review of medical necessity.
Sec. 6. Limited, qualified moratorium of long-term care hospitals.
Sec. 7. No application of 25 percent patient threshold payment
adjustment to freestanding and
grandfathered LTCHS.
Sec. 8. Payment for hospitals-within-hospitals.
Sec. 9. No application of very short-stay outlier policy.
Sec. 10. No application of one time adjustment to standard amount.
Sec. 11. Long-term care hospital quality improvement initiative.
SEC. 2. DEFINITION OF LONG-TERM CARE HOSPITAL.
(a) Definition.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended by adding at the end the following new subsection:
``Long-Term Care Hospital
``(ccc) The term `long-term care hospital' means an institution
which--
``(1) is primarily engaged in providing inpatient services,
by or under the supervision of a physician, to Medicare
beneficiaries whose medically complex conditions require a long
hospital stay and programs of care provided by a long-term care
hospital;
``(2) has an average inpatient length of stay (as
determined by the Secretary) for Medicare beneficiaries of
greater than 25 days, or as otherwise defined in section
1886(d)(1)(B)(iv);
``(3) satisfies the requirements of subsection (e);
``(4) meets the following facility criteria:
``(A) the institution has a patient review process,
documented in the patient medical record, that screens
patients prior to admission, validates within 48 hours
of admission that patients meet admission criteria,
regularly evaluates patients throughout their stay, and
assesses the available discharge options when patients
no longer meet the continued stay criteria;
``(B) the institution has active physician
involvement with patients during their treatment
through an organized medical staff, physician-directed
treatment with physician on-site availability on a
daily basis to review patient progress, and consulting
physicians on call and capable of being at the
patient's side within a moderate period of time, as
determined by the Secretary;
``(C) the institution has interdisciplinary team
treatment for patients, requiring interdisciplinary
teams of health care professionals, including
physicians, to prepare and carry out an individualized
treatment plan for each patient; and
``(5) meets patient criteria relating to patient mix and
severity appropriate to the medically complex cases that long-
term care hospitals are designed to treat, as measured under
section 1886(m).''.
(b) New Patient Criteria for Long-Term Care Hospital Prospective
Payment.--Section 1886 of such Act (42 U.S.C. 1395ww) is amended by
adding at the end the following new subsection:
``(m) Patient Criteria for Prospective Payment to Long-Term Care
Hospitals.--
``(1) In general.--To be eligible for prospective payment
under this section as a long-term care hospital, a long-term
care hospital must admit not less than a majority of patients
who have a high level of severity and who are assigned to one
or more of the following major diagnostic categories:
``(A) Circulatory diagnoses.
``(B) Digestive, endocrine, and metabolic
diagnoses.
``(C) Infection disease diagnoses.
``(D) Neurological diagnoses.
``(E) Renal diagnoses.
``(F) Respiratory diagnoses.
``(G) Skin diagnoses.
``(H) Other major diagnostic categories as selected
by the Secretary.
``(2) Major diagnostic category defined.--In paragraph (1),
the term `major diagnostic category' means the medical
categories formed by dividing all possible principle diagnosis
into mutually exclusive diagnosis areas which are referred to
in 67 Federal Register 49,985 (August 1, 2002).''.
(c) Establishment of Rehabilitation Units Within Certain Long-Term
Care Hospitals.--If the Secretary of Health and Human Services does not
include rehabilitation services within a major diagnostic category
under section 1886(m)(2) of the Social Security Act, as added by
subsection (b), the Secretary shall approve for purposes of title XVIII
of such Act distinct part inpatient rehabilitation hospital units in
long-term care hospitals consistent with the following:
(1) A hospital that, on or before October 1, 2004, was
classified by the Secretary as a long-term care hospital, as
described in section 1886(d)(1)(B)(iv)(I) of such Act (42
U.S.C. 1395ww(d)(1)(V)(iv)(I)), and was accredited by the
Commission on Accreditation of Rehabilitation Facilities, may
establish a hospital rehabilitation unit that is a distinct
part of the long-term care hospital, if the distinct part meets
the requirements (including conditions of participation) that
would otherwise apply to a distinct-part rehabilitation unit if
the distinct part were established by a subsection (d) hospital
in accordance with the matter following clause (v) of section
1886(d)(1)(B) of such Act, including any regulations adopted by
the Secretary in accordance with this section, except that the
one-year waiting period described in section 412.30(c) of title
42, Code of Federal Regulations, applicable to the conversion
of hospital beds into a distinct-part rehabilitation unit shall
not apply to such units.
(2) Services provided in inpatient rehabilitation units
established under paragraph (1) shall not be reimbursed as
long-term care hospital services under section 1886 of such Act
and shall be subject to payment policies established by the
Secretary to reimburse services provided by inpatient hospital
rehabilitation units.
(d) Effective Date.--The amendments made by subsections (a) and
(b), and subsection (c), shall apply to discharges occurring on or
after January 1, 2008.
SEC. 3. IMPLEMENTATION OF FACILITY AND PATIENT CRITERIA.
(a) Report.--No later than 1 year after the date of the enactment
of this Act, the Secretary of Health and Human Services (in this Act
referred to as the ``Secretary'') shall submit to the appropriate
committees of Congress a report containing recommendations regarding
the promulgation of the national long-term care hospital facility and
patient criteria for application under paragraphs (4) and (5) of
section 1861(ccc) and section 1886(m) of the Social Security Act, as
added by section 2. In the report, the Secretary shall consider
recommendations contained in a report to Congress by the Medicare
Payment Advisory Commission in June 2004 for long-term care hospital-
specific facility and patient criteria to ensure that patients admitted
to long-term care hospitals are medically complex and appropriate to
receive long-term care hospital services.
(b) Implementation.--No later than 1 year after the date of
submittal of the report under subsection (a), the Secretary shall,
after rulemaking, implement the national long-term care hospital
facility and patient criteria referred to in such subsection. Such
long-term care hospital facility and patient criteria shall be used to
screen patients in determining the medical necessity and
appropriateness of a Medicare beneficiary's admission to, continued
stay at, and discharge from, long-term care hospitals under the
Medicare program and shall take into account the medical judgment of
the patient's physician, as provided for under sections 1814(a)(3) and
1835(a)(2)(B) of the Social Security Act (42 U.S.C. 1395f(a)(3),
1395n(a)(2)(B)).
SEC. 4. EXPANDED REVIEW OF MEDICAL NECESSITY.
(a) Expanded Duties of QIOs.--Section 1154(a) of the Social
Security Act (42 U.S.C. 1320c-3(a)) is amended by adding at the end the
following new paragraph:
``(18)(A) The organization shall review the medical
necessity of admissions to long-term care hospitals (described
in section 1886(d)(1)(B)(iv)(I)) and continued stay at such
hospitals, of individuals entitled to, or enrolled for,
benefits under part A of title XVIII, on a hospital-specific
basis.
``(B) The medical necessity reviews under subparagraph (A)
shall be conducted for each such long-term care hospital on an
annual basis in accordance with rules (including a sample
methodology) specified by the Secretary. Such sample
methodology shall--
``(i) provide for a statistically valid and
representative sample of admissions of such individuals
sufficient to provide results at a 95 percent
confidence interval; and
``(ii) guarantee that no less than 65 percent of
overpayments received by long-term care hospitals for
medically unnecessary admissions and continued stays of
individuals in long-term care hospitals will be
identified and recovered and that related days of care
will not be counted toward the length of stay
requirement contained in section 1886(d)(i)(B)(iv)(I).
``(C) The Secretary shall establish a denial rate with
respect to such reviews that, if exceeded, could require
further review of the medical necessity of admissions and
continued stay in the hospital involved.
``(D)(i) Subject to clause (iii), the previous provisions
of this paragraph shall cease to apply as of the date specified
in clause (ii).
``(ii) The date specified in this clause is the later of
January 1, 2013, or the date of implementation of national
long-term care hospital facility and patient criteria under
section 3 of the Medicare Long-Term Care Patient Safety and
Improvement Act of 2007.
``(iii) As of the date specified in clause (ii), the
Secretary shall determine whether to continue to guarantee,
through continued medical review and sampling under this
paragraph, recovery of no less than 65 percent of overpayments
received by long-term care hospitals due to medically
unnecessary admissions and continued stays.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to discharges occurring on or after October 1, 2007.
SEC. 5. LIMITED, QUALIFIED MORATORIUM OF LONG-TERM CARE HOSPITALS.
(a) In General.--Subject to subsection (b), the Secretary shall
impose a temporary moratorium on the certification of new long-term
care hospitals (and satellite facilities) for purposes of the Medicare
program under title XVIII of the Social Security Act. The moratorium
shall terminate at the end of the 3-year period beginning on the date
of the enactment of this Act.
(b) Exceptions.--
(1) In general.--The moratorium under subsection (a) shall
not apply--
(A) to a long-term care hospital or satellite
facility that is under development as of the date of
the enactment of this Act; or
(B) to a long-term care hospital in an area in
which there is not a long-term care hospital, if the
Secretary determines it to be in the best interest to
provide access to long-term care hospital services to
Medicare beneficiaries residing in such area.
There shall be no administrative or judicial review from a
decision of the Secretary under this paragraph. Where there is
no long-term care hospital in a rural area or metropolitan
statistical area, the Secretary shall provide a presumption
that the establishment of a new long-term care hospital is in
the best interest of Medicare program beneficiaries.
(2) ``Under development'' defined.--For purposes of
paragraph (1)(A), a long-term care hospital or satellite
facility is considered to be ``under development'' as of a date
if any of the following have occurred on or before such date:
(A) All or substantially all funding has been
committed or received for development of the hospital
or facility.
(B) Zoning requirements have been met for the
construction of the hospital or facility.
(C) Necessary approvals from appropriate State
agencies have been received for the operation of the
hospital or facility.
(D) The hospital documents that it is within a 6-
month long-term care hospital demonstration period
required by section 412.23(e)(1)-(3) of title 42, Code
of Federal Regulations, to demonstrate that it has a
greater than 25 day average length of stay.
(E) There is other evidence presented that the
Secretary determines would indicate that the hospital
or satellite is under development.
SEC. 6. NO APPLICATION OF 25 PERCENT PATIENT THRESHOLD PAYMENT
ADJUSTMENT TO FREESTANDING AND GRANDFATHERED LTCHS.
The Secretary shall not apply section 412.536 of title 42, Code of
Federal Regulations, or any similar provision, to freestanding long-
term care hospitals and the Secretary shall not apply such section or
section 412.534 of title 42, Code of Federal Regulations, or any
similar provisions, to a long-term care hospital identified by section
4417(a) of the Balanced Budget Act of 1997 (Public Law 105-33). A long-
term care hospital identified by such section 4417(a) shall be deemed
to be a freestanding long-term care hospital for the purpose of this
section. Section 412.536 of title 42, Code of Federal Regulations,
shall be void and of no effect.
SEC. 7. PAYMENT FOR HOSPITALS-WITHIN-HOSPITALS.
(a) In General.--Payments to an applicable long-term care hospital
or satellite facility which is located in a rural area or which is co-
located with an urban single or MSA dominant hospital under paragraphs
(d)(1), (e)(1), and (e)(4) of section 412.534 of title 42, Code of
Federal Regulations, shall not be subject to any payment adjustment
under such section if no more than 75 percent of the hospital's
Medicare discharges (other than discharges described in paragraphs
(d)(2) or (e)(3) of such section) are admitted from a co-located
hospital.
(b) Co-Located Long-Term Care Hospitals and Satellite Facilities.--
(1) In general.--Payment to an applicable long-term care
hospital or satellite facility which is co-located with another
hospital shall not be subject to any payment adjustment under
section 412.534 of title 42, Code of Federal Regulations, if no
more than 50 percent of the hospital's Medicare discharges
(other than discharges described in section 412.534(c)(3) of
such title) are admitted from a collocated hospital.
(2) Applicable long-term care hospital or satellite
facility defined.--In this section, the term ``applicable long-
term care hospital or satellite facility'' means a hospital or
satellite facility that is subject to the transition rules
under section 412.534(g) of title 42, Code of Federal
Regulations.
(c) Effective Date.--Subsections (a) and (b) shall apply to
discharges occurring on or after October 1, 2007.
SEC. 8. NO APPLICATION OF VERY SHORT-STAY OUTLIER POLICY.
The Secretary shall not apply amendments proposed on May 11, 2007
(72 Federal Register 26870) to be made to the short-stay outlier
payment provision for long-term care hospitals contained in section
412.529(c)(3)(i) of title 42, Code of Federal Regulations, or any
similar provision.
SEC. 9. NO APPLICATION OF ONE TIME ADJUSTMENT TO STANDARD AMOUNT.
The Secretary shall not make the one-time prospective adjustment to
long-term care hospital prospective payment rates provided for in
section 412.523(d)(3) of title 42, Code of Federal Regulations, or any
similar provision.
SEC. 10. LONG-TERM CARE HOSPITAL QUALITY IMPROVEMENT INITIATIVE.
(a) Study To Establish Quality Measures.--
(1) In general.--The Secretary shall conduct a study (in
this section referred to as the ``study'') to determine
appropriate quality measures for Medicare patients receiving
care in long-term care hospitals.
(2) Report.--By not later than July 1, 2008, the Secretary
shall submit to Congress a report on the results of the study
under paragraph (1).
(b) Selection of Quality Measures.--
(1) In general.--After completion of the study under
subsection (a), subject to paragraph (2), the Secretary shall
choose 3 quality measures recommended in the study to be
reported by long-term care hospitals.
(2) Expansion of quality measures.--The Secretary may
expand the number of quality measures required to be reported
by long-term care hospitals beyond those chosen under paragraph
(1). If the Secretary adds additional measures, the measures
shall reflect a consensus among the affected parties. The
Secretary may replace any measures in appropriate cases, such
as where all hospitals are effectively in compliance or where
measures have been shown not to represent the best clinical
practice.
(c) Requirement for Submission of Data.--
(1) In general.--Long-term care hospitals must collect data
on the three quality measures chosen under subsection (b) and
submit all required quality data to the Secretary.
(2) Failure to submit data.--Any long-term care hospital
which does not submit the required quality data to the
Secretary in any fiscal year shall have the applicable
percentage increase applicable to such long-term care hospital
under section 1886(b)(3)(B)(ii)) of the Social Security Act (42
U.S.C. 1395ww(b)(3)(B)(ii)) reduced by not more than 0.4
percentage points.
(d) Availability of Data to Public.--The Secretary shall establish
procedures for making the quality data submitted under this section
available to the public. | Medicare Long-Term Care Patient Safety and Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to define "long-term care hospital" and establish new patient criteria for long-term care hospital prospective payments.
Requires the Secretary of Health and Human Services to approve under Medicare distinct part inpatient rehabilitation hospital units in long-term care hospitals, if rehabilitation services are not included within a major diagnostic category.
Directs the Secretary to: (1) report to the appropriate congressional committees recommendations on the promulgation of national long-term care hospital facility and patient criteria; and (2), after rulemaking, implement them.
Amends SSA title XI to require a peer review organization to review on a hospital-specific basis the medical necessity of admissions to, and continued stay at, long-term care hospitals of Medicare part A (Hospital Insurance) patients.
Directs the Secretary, with certain exceptions, to impose a temporary moratorium on the Medicare certification of new long-term care hospitals (and satellite facilities).
Directs the Secretary not to apply the 25% patient threshold payment adjustment to freestanding and grandfathered long-term hospitals.
States that payments to an applicable long-term care hospital or satellite facility, located in a rural area or co-located with an urban single or MSA dominant hospital, shall not be subject to any payment adjustment if no more than 75% percent of its Medicare discharges are admitted from a co-located hospital.
Provides that payment to an applicable long-term care hospital or satellite facility co-located with another hospital shall not be subject to such payment adjustments, if no more than 50% of its Medicare discharges are admitted from a co-located hospital.
Prohibits the Secretary from applying certain proposed amendments to the short-stay outlier payment policy for certain long-term care hospitals.
Prohibits the Secretary from making a certain one-time prospective adjustment to long-term care hospital prospective payment rates.
Directs the Secretary to study and report to the Congress on appropriate quality measures for Medicare patients receiving care in long-term care hospitals. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to ensure and foster continued patient quality of care by establishing facility and patient criteria for long-term care hospitals and related improvements under the Medicare Program."} | 4,016 | 461 | 0.646372 | 1.989738 | 0.771378 | 4.25 | 8.677885 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Response to Energy
Emergencies Act of 2005''.
SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE, OIL, NATURAL GAS, AND
PETROLEUM DISTILLATES DURING EMERGENCIES.
(a) Unconscionable Pricing.--
(1) In general.--During any energy emergency declared by
the President under section 3, it is unlawful for any person to
sell crude oil, gasoline, natural gas, or petroleum distillates
in, or for use in, the area to which that declaration applies
at a price that--
(A) is unconscionably excessive; or
(B) indicates the seller is taking unfair advantage
of the circumstances to increase prices unreasonably.
(2) Factors considered.--In determining whether a violation
of paragraph (1) has occurred, there shall be taken into
account, among other factors, whether--
(A) the amount charged represents a gross disparity
between the price of the crude oil, gasoline, natural
gas, or petroleum distillate sold and the price at
which it was offered for sale in the usual course of
the seller's business immediately prior to the energy
emergency; or
(B) the amount charged grossly exceeds the price at
which the same or similar crude oil, gasoline, natural
gas, or petroleum distillate was readily obtainable by
other purchasers in the area to which the declaration
applies.
(3) Mitigating factors.--In determining whether a violation
of paragraph (1) has occurred, there also shall be taken into
account, among other factors, whether the price at which the
crude oil, gasoline, natural gas, or petroleum distillate was
sold reasonably reflects additional costs, not within the
control of the seller, that were paid or incurred by the
seller.
(b) False Pricing Information.--It is unlawful for any person to
report information related to the wholesale price of crude oil,
gasoline, natural gas, or petroleum distillates to the Federal Trade
Commission if--
(1) that person knew, or reasonably should have known, the
information to be false or misleading;
(2) the information was required by law to be reported; and
(3) the person intended the false or misleading data to
affect data compiled by that department or agency for
statistical or analytical purposes with respect to the market
for crude oil, gasoline, natural gas, or petroleum distillates.
(c) Market Manipulation.--It is unlawful for any person, directly
or indirectly, to use or employ, in connection with the purchase or
sale of crude oil, gasoline, natural gas, or petroleum distillates at
wholesale, any manipulative or deceptive device or contrivance, in
contravention of such rules and regulations as the Federal Trade
Commission may prescribe as necessary or appropriate in the public
interest or for the protection of United States citizens.
(d) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Federal Trade Commission shall promulgate
rules necessary and appropriate to enforce this section.
SEC. 3. DECLARATION OF ENERGY EMERGENCY.
(a) In General.--If the President finds that the health, safety,
welfare, or economic well-being of the citizens of the United States is
at risk because of a shortage or imminent shortage of adequate supplies
of crude oil, gasoline, natural gas, or petroleum distillates due to a
disruption of the national distribution system for crude oil, gasoline,
natural gas, or petroleum distillates (including such a shortage
related to a major disaster (as defined in section 102(2) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122))), or significant pricing anomalies in national or regional
energy markets for crude oil, gasoline, natural gas, or petroleum
distillates of a more than transient nature, the President may declare
that a Federal energy emergency exists.
(b) Scope and Duration.--The declaration shall apply to the Nation,
a geographical region, or 1 or more States, as determined by the
President, but may not be in effect for a period of more than 45 days.
(c) Extensions.--The President may--
(1) extend a declaration under subsection (a) for a period
of not more than 45 days; and
(2) extend such a declaration more than once.
SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement by FTC.--A violation of section 2 shall be treated
as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission
shall enforce this Act in the same manner, by the same means, and with
the same jurisdiction as though all applicable terms and provisions of
the Federal Trade Commission Act were incorporated into and made a part
of this Act. In enforcing section 2(a) of this Act, the Commission
shall give priority to enforcement actions concerning companies with
total United States wholesale or retail sales of crude oil, gasoline,
and petroleum distillates in excess of $500,000,000 per year.
(b) Civil Penalties.--
(1) In general.--Notwithstanding the penalties set forth
under the Federal Trade Commission Act, any person who violates
this Act shall be subject to the following penalties:
(A) Price gouging; unjust profits.--Any person who
violates section 2(a) of this Act shall be subject to--
(i) a fine of not more than 3 times the
amount of profits gained by such person through
such violation; or
(ii) a fine of not more than $3,000,000.
(B) False information; market manipulation.--Any
person who violates section 2(b) or 2(c) of this Act
shall be subject to a civil penalty of not more than
$1,000,000.
(2) Method of assessment.--The penalties provided by
paragraph (1) shall be assessed in the same manner as civil
penalties imposed under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by subsection (a)--
(A) each day of a continuing violation shall be
considered a separate violation; and
(B) the Federal Trade Commission shall take into
consideration the seriousness of the violation and the
efforts of the person committing the violation to
remedy the harm caused by the violation in a timely
manner.
SEC. 5. CRIMINAL PENALTIES.
Any person who violates section 2 or any rule or order issued
thereunder shall be fined under title 18, United States Code--
(1) if a corporation, not to exceed $100,000,000; or
(2) if any other person, not to exceed $1,000,000, or
imprisoned for not more than 10 years, or both.
SEC. 6. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL.
(a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce the provisions of section 2(a) of this
Act, or to impose the civil penalties authorized by section 4(b)(1)(B),
whenever the attorney general of the State has reason to believe that
the interests of the residents of the State have been or are being
threatened or adversely affected by a violation of this Act or a
regulation under this Act.
(b) Notice.--The State shall serve written notice to the Federal
Trade Commission of any civil action under subsection (a) prior to
initiating such civil action. The notice shall include a copy of the
complaint to be filed to initiate such civil action, except that if it
is not feasible for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting such civil
action.
(c) Authority to Intervene.--Upon receiving the notice required by
subsection (b), the Federal Trade Commission may intervene in such
civil action and upon intervening--
(1) be heard on all matters arising in such civil action;
and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the attorney
general of a State from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(e) Venue; Service of Process.--In a civil action brought under
subsection (a)--
(1) the venue shall be a judicial district in which--
(A) the defendant operates;
(B) the defendant was authorized to do business; or
(C) where the defendant in the civil action is
found;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted; and
(3) a person who participated with the defendant in an
alleged violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
(f) Limitation on State Action While Federal Action Is Pending.--If
the Federal Trade Commission has instituted a civil action or an
administrative action for violation of this Act, no State attorney
general, or official or agency of a State, may bring an action under
this subsection during the pendency of that action against any
defendant named in the complaint of the Federal Trade Commission or the
other agency for any violation of this Act alleged in the complaint.
(g) Enforcement of State Law.--Nothing contained in this section
shall prohibit an authorized State official from proceeding in State
court to enforce a civil or criminal statute of such State.
SEC. 7. LOW INCOME ENERGY ASSISTANCE.
Amounts collected in fines and penalties under sections 4 or 5 of
this Act shall be deposited in a separate fund in the treasury to be
known as the Consumer Relief Trust Fund. To the extent provided for in
advance in appropriations Acts fund shall be used to provide assistance
under the Low Income Home Energy Assistance Program administered by the
Secretary of Health and Human Services.
SEC. 8. EFFECT ON OTHER LAWS.
(a) Other Authority of Federal Trade Commission.--Nothing in this
Act shall be construed to limit or affect in any way the Federal Trade
Commission's authority to bring enforcement actions or take any other
measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
or any other provision of law.
(b) State Law.--Nothing in this Act preempts any State law.
SEC. 9. MARKET TRANSPARENCY FOR CRUDE OIL, GASOLINE, AND PETROLEUM
DISTILLATES.
(a) In General.--The Federal Trade Commission shall facilitate
price transparency in markets for the sale of crude oil and essential
petroleum products at wholesale, having due regard for the public
interest, the integrity of those markets, fair competition, and the
protection of consumers.
(b) Marketplace Transparency.--
(1) Dissemination of information.--In carrying out this
section the Federal Trade Commission shall provide by rule for
the dissemination, on a timely basis, of information about the
availability and prices of wholesale crude oil, gasoline, and
petroleum distillates to the Federal Trade Commission, States,
wholesale buyers and sellers, and the public.
(2) Protection of public from anticompetitive activity.--In
determining the information to be made available under this
section and time to make the information available, the Federal
Trade Commission shall seek to ensure that consumers and
competitive markets are protected from the adverse effects of
potential collusion or other anticompetitive behaviors that can
be facilitated by untimely public disclosure of transaction-
specific information.
(3) Protection of market mechanisms.--The Federal Trade
Commission shall withhold from public disclosure under this
section any information the Commission determines would, if
disclosed, be detrimental to the operation of an effective
market or jeopardize system security.
(c) Information Sources.--
(1) In general.--In carrying out subsection (b), the
Federal Trade Commission may--
(A) obtain information from any market participant;
and
(B) rely on entities other than the Commission to
receive and make public the information, subject to the
disclosure rules in subsection (b)(3).
(2) Published data.--In carrying out this section, the
Federal Trade Commission shall consider the degree of price
transparency provided by existing price publishers and
providers of trade processing services, and shall rely on such
publishers and services to the maximum extent possible.
(3) Electronic information systems.--The Federal Trade
Commission may establish an electronic information system if it
determines that existing price publications are not adequately
providing price discovery or market transparency. Nothing in
this section, however, shall affect any electronic information
filing requirements in effect under this Act as of the date of
enactment of this section.
(4) De minimus exception.--The Federal Trade Commission may
not require entities who have a de minimus market presence to
comply with the reporting requirements of this section.
(d) Cooperation With Other Federal Agencies.--
(1) Memorandum of understanding.--Within 180 days after the
date of enactment of this Act, the Federal Trade Commission
shall conclude a memorandum of understanding with the Commodity
Futures Trading Commission and other appropriate agencies (if
applicable) relating to information sharing, which shall
include provisions--
(A) ensuring that information requests to markets
within the respective jurisdiction of each agency are
properly coordinated to minimize duplicative
information requests; and
(B) regarding the treatment of proprietary trading
information.
(2) CFTC jurisdiction.--Nothing in this section may be
construed to limit or affect the exclusive jurisdiction of the
Commodity Futures Trading Commission under the Commodity
Exchange Act (7 U.S.C. 1 et seq.).
(e) Rulemaking.--Within 180 days after the date of enactment of
this Act, the Federal Trade Commission shall initiate a rulemaking
proceeding to establish such rules as the Commission determines to be
necessary and appropriate to carry out this section.
SEC. 10. REPORT ON UNITED STATES ENERGY EMERGENCY PREPAREDNESS.
(a) Potential Impacts Report.--Within 30 days after the date of
enactment of this Act, the Federal Trade Commission shall transmit to
the Congress a confidential report describing the potential impact on
domestic prices of crude oil, residual fuel oil, and refined petroleum
products that would result from the disruption for periods of 1 week, 1
year, and 5 years, respectively, of not less than--
(1) 30 percent of United States oil production;
(2) 20 percent of United States refinery capacity; and
(3) 5 percent of global oil supplies.
(b) Projections and Possible Remedies.--The President shall include
in the report--
(1) projections of the impact any such disruptions would be
likely to have on the United States economy; and
(2) detailed and prioritized recommendations for remedies
under each scenario covered by the report.
SEC. 11. PROTECTIVE ACTION TO PREVENT FUTURE DISRUPTIONS OF SUPPLY.
The Secretary of Energy and the Energy Information Administration
shall review expenditures by, and activities undertaken by, companies
with total United States wholesale or retail sales of crude oil,
gasoline, and petroleum distillates in excess of $500,000,000 per year
to protect the energy supply system from terrorist attacks,
international supply disruptions, and natural disasters, and ensure a
stable and reasonably priced supply of such products to consumers in
the United States, and, not later than 180 days after the date of the
enactment of this title, shall transmit a report of their findings to
Congress. Such report shall include an assessment of the companies'
preparations for the forecasted period of more frequent and more
intense hurricane activity in the Gulf of Mexico and other vulnerable
coastal areas.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | Federal Response to Energy Emergencies Act of 2005 - Declares unlawful: (1) unconscionable pricing of gasoline, oil, natural gas, and petroleum distillates during emergencies; (2) intentional reporting of false price information concerning wholesale prices of such products; and (3) market manipulation regarding the purchase or sale at wholesale of such products.
Authorizes the President to declare a federal energy emergency upon finding that the national health, safety, welfare, or economic well-being is at risk because of an actual or imminent shortage of such products due to a disruption of the national distribution system, or significant pricing anomalies in national or regional energy markets for the products.
Empowers the Federal Trade Commission (FTC) and State Attorneys General to enforce this Act.
Sets forth civil and criminal penalties for violations of this Act.
Requires fines and penalties collected under this Act to be deposited in a separate fund in the treasury to be known as the Consumer Relief Trust Fund to provide assistance under the Low Income Home Energy Assistance Program.
Directs the FTC to facilitate price transparency in wholesale markets for the sale of crude oil and essential petroleum products.
Instructs the FTC to transmit a confidential report to Congress on the potential impact on domestic prices of crude oil, residual fuel oil, and refined petroleum products that would result from the disruption for periods of one week, one year, and five years, respectively.
Directs the Secretary of Energy and the Energy Information Administration to review and report to Congress on expenditures and activities undertaken by certain size companies to protect the energy supply system from terrorist attacks, international supply disruptions, and natural disasters, and ensure a stable and reasonably priced supply of such products to consumers in the United States.
Requires such report to assess the companies' preparations for the forecasted period of more frequent and more intense hurricane activity in the Gulf of Mexico and other vulnerable coastal areas. | {"src": "billsum_train", "title": "To protect consumers from price-gouging of gasoline and other fuels during energy emergencies, and for other purposes."} | 3,546 | 398 | 0.521015 | 1.684032 | 0.796349 | 5.357923 | 8.806011 | 0.937158 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pilot's Bill of Rights''.
SEC. 2. FEDERAL AVIATION ADMINISTRATION ENFORCEMENT PROCEEDINGS AND
ELIMINATION OF DEFERENCE.
(a) In General.--Any proceeding conducted under subpart C, D, or F
of part 821 of title 49, Code of Federal Regulations, relating to
denial, amendment, modification, suspension, or revocation of an airman
certificate, shall be conducted, to the extent practicable, in
accordance with the Federal Rules of Civil Procedure and the Federal
Rules of Evidence.
(b) Access to Information.--
(1) In general.--Except as provided under paragraph (3), the
Administrator of the Federal Aviation Administration (referred to
in this section as the ``Administrator'') shall provide timely,
written notification to an individual who is the subject of an
investigation relating to the approval, denial, suspension,
modification, or revocation of an airman certificate under chapter
447 of title 49, United States Code.
(2) Information required.--The notification required under
paragraph (1) shall inform the individual--
(A) of the nature of the investigation;
(B) that an oral or written response to a Letter of
Investigation from the Administrator is not required;
(C) that no action or adverse inference can be taken
against the individual for declining to respond to a Letter of
Investigation from the Administrator;
(D) that any response to a Letter of Investigation from the
Administrator or to an inquiry made by a representative of the
Administrator by the individual may be used as evidence against
the individual;
(E) that the releasable portions of the Administrator's
investigative report will be available to the individual; and
(F) that the individual is entitled to access or otherwise
obtain air traffic data described in paragraph (4).
(3) Exception.--The Administrator may delay timely notification
under paragraph (1) if the Administrator determines that such
notification may threaten the integrity of the investigation.
(4) Access to air traffic data.--
(A) FAA air traffic data.--The Administrator shall provide
an individual described in paragraph (1) with timely access to
any air traffic data in the possession of the Federal Aviation
Administration that would facilitate the individual's ability
to productively participate in a proceeding relating to an
investigation described in such paragraph.
(B) Air traffic data defined.--As used in subparagraph (A),
the term ``air traffic data'' includes--
(i) relevant air traffic communication tapes;
(ii) radar information;
(iii) air traffic controller statements;
(iv) flight data;
(v) investigative reports; and
(vi) any other air traffic or flight data in the
Federal Aviation Administration's possession that would
facilitate the individual's ability to productively
participate in the proceeding.
(C) Government contractor air traffic data.--
(i) In general.--Any individual described in paragraph
(1) is entitled to obtain any air traffic data that would
facilitate the individual's ability to productively
participate in a proceeding relating to an investigation
described in such paragraph from a government contractor
that provides operational services to the Federal Aviation
Administration, including control towers and flight service
stations.
(ii) Required information from individual.--The
individual may obtain the information described in clause
(i) by submitting a request to the Administrator that--
(I) describes the facility at which such
information is located; and
(II) identifies the date on which such information
was generated.
(iii) Provision of information to individual.--If the
Administrator receives a request under this subparagraph,
the Administrator shall--
(I) request the contractor to provide the requested
information; and
(II) upon receiving such information, transmitting
the information to the requesting individual in a
timely manner.
(5) Timing.--Except when the Administrator determines that an
emergency exists under section 44709(c)(2) or 46105(c), the
Administrator may not proceed against an individual that is the
subject of an investigation described in paragraph (1) during the
30-day period beginning on the date on which the air traffic data
required under paragraph (4) is made available to the individual.
(c) Amendments to Title 49.--
(1) Airman certificates.--Section 44703(d)(2) of title 49,
United States Code, is amended by striking ``but is bound by all
validly adopted interpretations of laws and regulations the
Administrator carries out unless the Board finds an interpretation
is arbitrary, capricious, or otherwise not according to law''.
(2) Amendments, modifications, suspensions, and revocations of
certificates.--Section 44709(d)(3) of such title is amended by
striking ``but is bound by all validly adopted interpretations of
laws and regulations the Administrator carries out and of written
agency policy guidance available to the public related to sanctions
to be imposed under this section unless the Board finds an
interpretation is arbitrary, capricious, or otherwise not according
to law''.
(3) Revocation of airman certificates for controlled substance
violations.--Section 44710(d)(1) of such title is amended by
striking ``but shall be bound by all validly adopted
interpretations of laws and regulations the Administrator carries
out and of written agency policy guidance available to the public
related to sanctions to be imposed under this section unless the
Board finds an interpretation is arbitrary, capricious, or
otherwise not according to law''.
(d) Appeal From Certificate Actions.--
(1) In general.--Upon a decision by the National Transportation
Safety Board upholding an order or a final decision by the
Administrator denying an airman certificate under section 44703(d)
of title 49, United States Code, or imposing a punitive civil
action or an emergency order of revocation under subsections (d)
and (e) of section 44709 of such title, an individual substantially
affected by an order of the Board may, at the individual's
election, file an appeal in the United States district court in
which the individual resides or in which the action in question
occurred, or in the United States District Court for the District
of Columbia. If the individual substantially affected by an order
of the Board elects not to file an appeal in a United States
district court, the individual may file an appeal in an appropriate
United States court of appeals.
(2) Emergency order pending judicial review.--Subsequent to a
decision by the Board to uphold an Administrator's emergency order
under section 44709(e)(2) of title 49, United States Code, and
absent a stay of the enforcement of that order by the Board, the
emergency order of amendment, modification, suspension, or
revocation of a certificate shall remain in effect, pending the
exhaustion of an appeal to a Federal district court as provided in
this Act.
(e) Standard of Review.--
(1) In general.--In an appeal filed under subsection (d) in a
United States district court, the district court shall give full
independent review of a denial, suspension, or revocation ordered
by the Administrator, including substantive independent and
expedited review of any decision by the Administrator to make such
order effective immediately.
(2) Evidence.--A United States district court's review under
paragraph (1) shall include in evidence any record of the
proceeding before the Administrator and any record of the
proceeding before the National Transportation Safety Board,
including hearing testimony, transcripts, exhibits, decisions, and
briefs submitted by the parties.
SEC. 3. NOTICES TO AIRMEN.
(a) In General.--
(1) Definition.--In this section, the term ``NOTAM'' means
Notices to Airmen.
(2) Improvements.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration shall begin a Notice to Airmen Improvement
Program (in this section referred to as the ``NOTAM Improvement
Program'')--
(A) to improve the system of providing airmen with
pertinent and timely information regarding the national
airspace system;
(B) to archive, in a public central location, all NOTAMs,
including the original content and form of the notices, the
original date of publication, and any amendments to such
notices with the date of each amendment; and
(C) to apply filters so that pilots can prioritize critical
flight safety information from other airspace system
information.
(b) Goals of Program.--The goals of the NOTAM Improvement Program
are--
(1) to decrease the overwhelming volume of NOTAMs an airman
receives when retrieving airman information prior to a flight in
the national airspace system;
(2) make the NOTAMs more specific and relevant to the airman's
route and in a format that is more useable to the airman;
(3) to provide a full set of NOTAM results in addition to
specific information requested by airmen;
(4) to provide a document that is easily searchable; and
(5) to provide a filtering mechanism similar to that provided
by the Department of Defense Notices to Airmen.
(c) Advice From Private Sector Groups.--The Administrator shall
establish a NOTAM Improvement Panel, which shall be comprised of
representatives of relevant nonprofit and not-for-profit general
aviation pilot groups, to advise the Administrator in carrying out the
goals of the NOTAM Improvement Program under this section.
(d) Phase-in and Completion.--The improvements required by this
section shall be phased in as quickly as practicable and shall be
completed not later than the date that is 1 year after the date of the
enactment of this Act.
SEC. 4. MEDICAL CERTIFICATION.
(a) Assessment.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall initiate an assessment of the Federal Aviation
Administration's medical certification process and the associated
medical standards and forms.
(2) Report.--The Comptroller General shall submit a report to
Congress based on the assessment required under paragraph (1) that
examines--
(A) revisions to the medical application form that would
provide greater clarity and guidance to applicants;
(B) the alignment of medical qualification policies with
present-day qualified medical judgment and practices, as
applied to an individual's medically relevant circumstances;
and
(C) steps that could be taken to promote the public's
understanding of the medical requirements that determine an
airman's medical certificate eligibility.
(b) Goals of the Federal Aviation Administration's Medical
Certification Process.--The goals of the Federal Aviation
Administration's medical certification process are--
(1) to provide questions in the medical application form that--
(A) are appropriate without being overly broad;
(B) are subject to a minimum amount of misinterpretation
and mistaken responses;
(C) allow for consistent treatment and responses during the
medical application process; and
(D) avoid unnecessary allegations that an individual has
intentionally falsified answers on the form;
(2) to provide questions that elicit information that is
relevant to making a determination of an individual's medical
qualifications within the standards identified in the
Administrator's regulations;
(3) to give medical standards greater meaning by ensuring the
information requested aligns with present-day medical judgment and
practices; and
(4) to ensure that--
(A) the application of such medical standards provides an
appropriate and fair evaluation of an individual's
qualifications; and
(B) the individual understands the basis for determining
medical qualifications.
(c) Advice From Private Sector Groups.--The Administrator shall
establish a panel, which shall be comprised of representatives of
relevant nonprofit and not-for-profit general aviation pilot groups,
aviation medical examiners, and other qualified medical experts, to
advise the Administrator in carrying out the goals of the assessment
required under this section.
(d) Federal Aviation Administration Response.--Not later than 1
year after the issuance of the report by the Comptroller General
pursuant to subsection (a)(2), the Administrator shall take appropriate
actions to respond to such report.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Pilot's Bill of Rights - Requires National Transportation Safety Board (NTSB) proceedings for the review of decisions of the Administrator of the Federal Aviation Administration (FAA) to deny, amend, modify, suspend, or revoke an airman's certificate to be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure and Federal Rules of Evidence.
Requires the Administrator to: (1) provide timely, written notification to the subject of an investigation involving the approval, denial, suspension, modification, or revocation of an airman certificate of specified information pertinent to the investigation; and (2) provide him or her with access to relevant air traffic data. Authorizes the Administrator to delay such notification if it threatens the integrity of the investigation.
Allows a substantially affected individual to elect to file an appeal of a certificate denial, a punitive civil action, or an emergency order of revocation in the U.S. district court in which individual resides, in which the action in question occurred, or the district court for the District of Columbia. Allows a substantially affected individual who elects not to file an appeal in a U.S. district court to file such appeal in the appropriate U.S. court of appeals.
Directs the Administrator to begin a Notice to Airmen (NOTAM) Improvement Program to improve the system of providing airmen with pertinent and timely information before a flight in the national airspace system. Requires the Administrator to establish a NOTAM Improvement Panel composed of representatives of relevant nonprofit and not-for-profit general aviation pilot groups to advise the Administrator in carrying out program goals.
Requires the Comptroller General to: (1) assess the FAA process for the medical certification of airmen; and (2) report to Congress on revisions to the medical application form, the alignment of medical qualification policies with present-day qualified medical judgment and practices, and steps that could be taken to promote the public's understanding of the medical requirements determining an airman's medical certificate eligibility. | {"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to provide rights for pilots, and for other purposes."} | 2,662 | 444 | 0.632326 | 2.069258 | 0.805629 | 4.089947 | 6.5 | 0.915344 |
SECTION 1. EXPANSION OF TRANSIT OPERATING ASSISTANCE GRANT PROGRAM.
Section 5307(b) of title 49, United States Code, is amended as
follows:
(1) In paragraph (1)--
(A) in subparagraph (D), by inserting ``, or an
urbanized area with a population of at least 200,000 if
the State or regional authority providing public
transportation for the area operates less than 100
buses in fixed-route service in the area during peak
service hours'' after ``200,000'';
(B) by redesignating subparagraphs (E) and (F) as
subparagraphs (J) and (K), respectively; and
(C) by inserting after subparagraph (D) the
following new subparagraphs:
``(E) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of 200,000 or more, but not more than
400,000, if the State or regional authority providing
public transportation for the area operates at least
100 buses in fixed-route service in the area during
peak service hours;
``(F) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of 400,000 or more, but not more than
600,000;
``(G) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of 600,000 or more, but not more than
800,000;
``(H) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of 800,000 or more, but not more than
1,000,000;
``(I) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of 1,000,000 or more;''.
(2) By redesignating paragraph (2) as paragraph (3).
(3) By inserting the following new paragraph:
``(2) Limitations on certain grants established under
paragraph (1).--
``(A) With respect to a grant made under paragraph
(1)(E), not more than 50 percent of the funds available
to carry out this section shall be made available for
such grant.
``(B) With respect to a grant made under paragraph
(1)(F), not more than 45 percent of the funds available
to carry out this section shall be made available for
such grant.
``(C) With respect to a grant made under paragraph
(1)(G), not more than 40 percent of the funds available
to carry out this section shall be made available for
such grant.
``(D) With respect to a grant made under paragraph
(1)(H), not more than 35 percent of the funds available
to carry out this section shall be made available for
such grant.
``(E) With respect to a grant made under paragraph
(1)(I), not more than 30 percent of the funds available
to carry out this section shall be made available for
such grant.''.
(4) By amending paragraph (3) to read as follows:
``(3) Conditional use of funds in an urbanized area with a
population of at least 200,000.--
``(A) In addition to the grants available under
subparagraphs (D), (E), (F), (G), (H), (I), (J), and
(K) of paragraph (1), the Secretary may award grants,
from funds made available to carry out this section for
each of the fiscal years 2010 through 2015, to finance
the operating cost of equipment and facilities for use
in public transportation in an urbanized area with a
population of at least 200,000, if the designated
recipient's percentage of revenue for the operating
cost of equipment and facilities for use in public
transportation from non-Federal sources, excluding
farebox revenue, is greater than such revenue from the
previous fiscal year. The amount available for a grant
under this paragraph shall not exceed the percentage of
such increase.
``(B) In addition to the grants made available
under subparagraphs (D), (E), (F), (G), (H), (I), (J),
and (K) of paragraph (1) and subparagraph (A) of this
paragraph, the Secretary may award grants, from funds
made available to carry out this section for each of
the fiscal years 2010 through 2015, to finance the
operating cost of equipment and facilities for use in
public transportation in an urbanized area with a
population of 200,000 or more, if the designated
recipient was awarded a grant under the Transit
Investments for Greenhouse Gas and Energy Reduction
program, authorized under the American Recovery and
Reinvestment Act of 2009 (Public Law 111-105; 123 Stat.
209), and demonstrates that such recipient has
achieved--
``(i) a minimum 10 percent total energy
savings as a result of the project funded by
the Transit Investments for Greenhouse Gas and
Energy Reduction grant;
``(ii) a minimum 10 percent energy savings
as a percentage of the total energy usage of
the public transit agency as a result of the
project; or
``(iii) a minimum 10 percent total
greenhouse gas emission reduction as a result
of the project.
``(C) Not less than 10 percent of the funds
available to carry out this section shall be made
available for the grants under subparagraph (B).''. | Expands the urbanized area formula grants program to include public transit projects: (1) in urbanized areas with a population of at least 200,000, and urbanized areas with a population of between 200,000 and 400,000, if the state or regional authority that provides public transportation for the area operates less than 100 buses in fixed-route service in the area during peak service hours; and (2) in urbanized areas with graduated populations of between 400,000 and capping out at 1 million or more. Establishes certain grant limits for such projects.
Revises grant eligibility requirements for FY2010-FY2015 for such projects in urbanized areas with a population of at least 200,000. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to allow for additional transportation assistance grants."} | 1,142 | 142 | 0.635797 | 1.791924 | 0.742488 | 3.463415 | 9.341463 | 0.796748 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Consumer Financial
Protection Advisory Boards Act''.
SEC. 2. ESTABLISHMENT OF ADVISORY BOARDS WITHIN THE BUREAU OF CONSUMER
FINANCIAL PROTECTION.
(a) In General.--The Consumer Financial Protection Act of 2010 is
amended by inserting after section 1014 (12 U.S.C. 5494) the following
new section:
``SEC. 1014A. ADVISORY BOARDS.
``(a) Small Business Advisory Board.--
``(1) Establishment.--The Director shall establish a Small
Business Advisory Board--
``(A) to advise and consult with the Bureau in the
exercise of the Bureau's functions under the Federal
consumer financial laws applicable to eligible
financial products or services; and
``(B) to provide information on emerging practices
of small business concerns that provide eligible
financial products or services, including regional
trends, concerns, and other relevant information.
``(2) Membership.--
``(A) Number.--The Director shall appoint no fewer
than 15 and no more than 20 members to the Small
Business Advisory Board.
``(B) Qualification.--Members appointed pursuant to
subparagraph (A) shall be representatives of small
business concerns that--
``(i) provide eligible financial products
or services;
``(ii) are service providers to covered
persons; and
``(iii) use consumer financial products or
services in financing the business activities
of such concern.
``(C) Additional considerations.--In appointing
members pursuant to subparagraph (A), the Director
shall include members representing minority-, women-,
and veteran-owned small business concerns and their
interests, without regard to party affiliation.
``(3) Meetings.--The Small Business Advisory Board--
``(A) shall meet from time to time at the call of
the Director; and
``(B) shall meet at least twice each year.
``(b) Credit Union Advisory Council.--
``(1) Establishment.--The Director shall establish a Credit
Union Advisory Council to advise and consult with the Bureau on
consumer financial products or services that impact credit
unions.
``(2) Membership.--The Director shall appoint no fewer than
15 and no more than 20 members to the Credit Union Advisory
Council. In appointing such members, the Director shall include
members representing credit unions predominantly serving
traditionally underserved communities and populations and their
interests, without regard to party affiliation.
``(3) Meetings.--The Credit Union Advisory Council--
``(A) shall meet from time to time at the call of
the Director; and
``(B) shall meet at least twice each year.
``(c) Community Bank Advisory Council.--
``(1) Establishment.--The Director shall establish a
Community Bank Advisory Council to advise and consult with the
Bureau on consumer financial products or services that impact
community banks.
``(2) Membership.--The Director shall appoint no fewer than
15 and no more than 20 members to the Community Bank Advisory
Council. In appointing such members, the Director shall include
members representing community banks predominantly serving
traditionally underserved communities and populations and their
interests, without regard to party affiliation.
``(3) Meetings.--The Community Bank Advisory Council--
``(A) shall meet from time to time at the call of
the Director; and
``(B) shall meet at least twice each year.
``(d) Compensation and Travel Expenses.--Members of the Small
Business Advisory Board, the Credit Union Advisory Council, or the
Community Bank Advisory Council who are not full-time employees of the
United States shall--
``(1) be entitled to receive compensation at a rate fixed
by the Director while attending meetings of the Small Business
Advisory Board, the Credit Union Advisory Council, or the
Community Bank Advisory Council, including travel time; and
``(2) be allowed travel expenses, including transportation
and subsistence, while away from their homes or regular places
of business.
``(e) Definitions.--In this section--
``(1) the term `eligible financial product or service'
means a financial product or service that is offered or
provided for use by consumers primarily for personal, family,
or household purposes as described in clause (i), (iii), (v),
(vi), or (ix) of section 1002(15)(A); and
``(2) the term `small business concern' has the meaning
given such term in section 3 of the Small Business Act (15
U.S.C. 632).''.
(b) Table of Contents Amendment.--The table of contents in section
1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5301 et seq.) is amended by inserting after the item relating to
section 1014 the following new item:
``Sec. 1014A. Advisory Boards.''.
SEC. 3. BUREAU FUNDING AUTHORITY.
The Director of the Bureau of Consumer Financial Protection, under
section 1017 of the Consumer Financial Protection Act of 2010, may not
request--
(1) during fiscal year 2020, an amount that would result in
the total amount requested by the Director during that fiscal
year to exceed $655,000,000; and
(2) during fiscal year 2025, an amount that would result in
the total amount requested by the Director during that fiscal
year to exceed $720,000,000.
Passed the House of Representatives April 22, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Bureau of Consumer Financial Protection Advisory Boards Act (Sec. 2) Amends the Consumer Financial Protection Act of 2010 to direct the Director of the Consumer Financial Protection Bureau (CFPB) to establish a Small Business Advisory Board to: (1) advise and consult with the CFPB in the exercise of its functions under the federal consumer financial laws regarding eligible financial products or services, and (2) provide information on evolving small business practices. Requires Board members to be representatives of small business concerns that: provide financial products or services for use by consumers primarily for personal, family, or household purposes, are service providers to covered persons; and use consumer financial products or services in financing the business activities of such small businesses. Requires the Director, in making such Board appointments, to include members representing minority-, women-, and veteran-owned small business concerns and their interests, without regard to party affiliation. Requires the Director to establish a Credit Union Advisory Council and a Community Bank Advisory Council to advise and consult with the CFPB on consumer financial products or services that impact credit unions and community banks, respectively. Directs the Director, in making appointments to the Councils, to include members representing credit unions and community banks predominantly serving traditionally underserved communities and populations and their interests, without regard to party affiliation. (Sec. 3) Prohibits the Director from requesting funds: (1) during FY 2020 in an amount that would exceed $655 million, and (2) during FY 2025 in an amount that would exceed $720 million. | {"src": "billsum_train", "title": "Bureau of Consumer Financial Protection Advisory Boards Act"} | 1,260 | 329 | 0.697425 | 2.11122 | 0.849036 | 3.893688 | 3.76412 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Businesses Add Value for
Employees Act of 2008'' or the ``SAVE Act of 2008''.
SEC. 2. ELIMINATION OF RESTRICTION ON SIMPLE IRA ROLLOVERS.
(a) In General.--Paragraph (3) of section 408(d) of the Internal
Revenue Code of 1986 (relating to rollover contribution) is amended by
striking subparagraph (G).
(b) Effective Date.--The amendment made by this section shall apply
to distributions in taxable years beginning after the date of the
enactment of this Act.
SEC. 3. ALLOWING MID-YEAR SIMPLE IRA PLAN TERMINATION.
(a) In General.--Subsection (p) of section 408 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(11) Special rules relating to mid-year termination.--
``(A) In general.--An employer may elect to
terminate (in such form and manner as the Secretary may
provide) the qualified salary reduction arrangement of
the employer at any time during the year.
``(B) Proration and application of qualified plan
limitation.--In the case of a year during which an
employer terminates a qualified salary reduction
arrangement before the end of such year--
``(i) the applicable dollar amount in
effect for such year shall be prorated to the
date of such termination,
``(ii) for purposes of determining the
compensation of an employee for such
arrangement for such year, the year of such
termination shall be treated as ending on the
date of such termination, and
``(iii) subparagraph (D) of paragraph (2)
shall not apply with respect to a qualified
plan maintained in such year only after the
date of such termination.''.
(b) Effective Date.--The amendments made by this section shall
apply to years beginning after the date of the enactment of this Act.
SEC. 4. ELIMINATION OF HIGHER PENALTY ON EARLY SIMPLE IRA
DISTRIBUTIONS.
(a) In General.--Subsection (t) of section 72 of the Internal
Revenue Code of 1986 (relating to 10 percent additional tax on early
distributions from qualified retirement plans) is amended by striking
paragraph (6).
(b) Effective Date.--The amendment made by this section shall apply
to distributions in taxable years beginning after the date of the
enactment of this Act.
SEC. 5. INCREASE IN CONTRIBUTIONS ALLOWED FOR SIMPLE IRA.
(a) Additional Nonelective Employer Contributions Allowed.--
(1) In general.--Subparagraph (A) of section 408(p)(2) of
the Internal Revenue Code of 1986 (relating to qualified salary
reduction arrangement) is amended by striking ``and'' at the
end of clause (iii), by redesignating clause (iv) as clause
(v), and by inserting after clause (iii) the following new
clause:
``(iv) the employer may make, in addition
to any other contribution under this paragraph,
nonelective contributions of not more than 10
percent of compensation (subject to the
limitation described in subparagraph (B)(ii))
for each employee who is eligible to
participate in the arrangement and who has at
least $5,000 of compensation from the employer
for the year, and''.
(2) Conforming amendment.--Clause (v) of section
408(p)(2)(A) of such Code, as redesignated by this section, is
amended by striking ``clause (i) or (iii)'' and inserting
``clause (i), (iii), or (iv)''.
(b) Increase in Elective Contribution Limitation.--Subparagraph (E)
of section 408(p)(2) is amended to read as follows:
``(E) Applicable dollar amount.--For purposes of
subparagraph (A)(ii), the applicable dollar amount
shall be the applicable dollar amount in effect under
subparagraph (B) of section 402(g)(1).''.
(c) SIMPLE IRA Subject to Defined Contribution Plan Limitation.--
Subsection (p) of section 408 of such Code is amended by adding at the
end the following new paragraph:
``(11) Subject to defined contribution plan limitation.--An
arrangement shall not be treated as a qualified salary
reduction arrangement for any year if contributions with
respect to any employee for the year exceed the limitation of
paragraph (1) of section 415(c) (relating to limitation for
defined contribution plans).''.
(d) Effective Date.--The amendments made by this section shall
apply to contributions for taxable years beginning after December 31,
2007.
SEC. 6. SIMPLE 401(K) PARITY FOR ADDITIONAL NONELECTIVE EMPLOYER
CONTRIBUTIONS.
(a) In General.--Subparagraph (B) of section 401(k)(11) of such
Code (relating to contribution requirements) is amended by adding at
the end the following new clause:
``(iv) Special rule for additional
nonelective employer contributions.--An
arrangement shall not be treated as failing to
meet the requirements of this subparagraph
merely because under such arrangement the
employer makes, in addition to any other
contribution under this subparagraph,
nonelective contributions of not more than 10
percent of compensation for each employee who
is eligible to participate in the arrangement
and who has at least $5,000 of compensation
from the employer for the year.''.
(b) Effective Date.--The amendment made by this section shall apply
to plan years beginning after December 31, 2007.
SEC. 7. AUTOMATIC DEFERRAL IRAS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 (relating to pension, profit-
sharing, stock bonus plans, etc.) is amended by inserting after section
408A the following new section:
``SEC. 408B. AUTOMATIC DEFERRAL IRAS.
``(a) In General.--An automatic deferral IRA shall be treated for
purposes of this title in the same manner as an individual retirement
plan. An automatic IRA may also be treated as a Roth IRA for purposes
of this title if it meets the requirements of section 408A.
``(b) Automatic Deferral IRA.--For purposes of this section, the
term `automatic deferral IRA' means an individual retirement plan (as
defined in section 7701(a)(37)) with respect to which contributions are
made under an arrangement which satisfies the requirements of
paragraphs (1) through (4) of subsection (c).
``(c) Automatic Deferral IRA Arrangements.--
``(1) Enrollment.--
``(A) In general.--The requirements of this
paragraph are met if each employee eligible to
participate in the arrangement is treated as having
elected to have the employer make payments as elective
contributions to an automatic deferral IRA on behalf of
such employee (which would have otherwise been made to
the employee directly in cash) in an amount equal to so
much of a qualified percentage of compensation of such
employee as does not exceed the deductible amount for
such year (within the meaning of section 219(b)).
``(B) Eligibility.--An employee is eligible to
participate if such employee is described in paragraph
(2) of section 408(k), except that for purposes of
determining whether an employee is described in such
paragraph, subparagraph (C) thereof shall be applied by
substituting `$5,000' for `$450'.
``(C) Election out.--The election treated as having
been made under subparagraph (A) shall cease to apply
with respect to any employee who makes an affirmative
election--
``(i) to not have such elective
contributions made, or
``(ii) not later than the close of the 30-
day period beginning on the date of the first
contribution with respect to such employee, to
make elective contributions at a level
specified in such affirmative election.
``(D) Qualified percentage.--For purposes of this
paragraph, the term `qualified percentage' means, with
respect to any employee, any percentage determined
under the trust agreement if such percentage is applied
uniformly, is at least 3 percent, and does not exceed
10 percent.
``(2) Notice.--
``(A) In general.--The requirements of this
paragraph are met if, within a reasonable period before
the first day an employee is eligible to participate in
the arrangement, the employee receives written notice
of the employee's rights and obligations under the
arrangement which--
``(i) is sufficiently accurate and
comprehensive to apprise the employee of such
rights, and
``(ii) is written in a manner calculated to
be understood by the average employee to whom
the arrangement applies.
``(B) Timing and content.--A notice shall not be
treated as meeting the requirements of subparagraph (A)
with respect to an employee unless--
``(i) the notice explains the employee's
right to elect not to have elective
contributions made on the employee's behalf (or
to elect to have such contributions made at a
different percentage),
``(ii) the notice explains how
contributions made under the arrangement will
be invested in the absence of any investment
election by the employee, and
``(iii) the employee has a reasonable
period of time after receipt of the notice
described in clauses (i) and (ii) and before
the first elective contribution is made to make
either such election.
``(3) Default investment arrangement.--The requirements of
this paragraph are met if--
``(A) in the absence of an investment election by
the employee with respect to the employee's interest in
the trust, such interest is invested as provided in
regulations prescribed pursuant to subparagraph (A) of
section 404(c)(5) of the Employee Retirement Income
Security Act of 1974, and
``(B) the employer provides each employee who has
an interest in the trust, notice which meets the
requirements of subparagraph (B) of such section.
``(4) Administrative requirements.--The requirements of
this paragraph are met if--
``(A) an employer must make the elective employer
contributions under paragraph (1)(A) not later than the
close of the 30-day period following the last day of
the month with respect to which the contributions are
to be made,
``(B) an employee may elect to terminate
participation in the arrangement at any time during the
year, except that if the employee so terminates, the
arrangement may provide that the employee may elect to
resume participation until the beginning of the next
year, and
``(C) each employee eligible to participate may
elect, during the 30-day period before the beginning of
any year, or to modify the amount subject to such
arrangement, for such year.''.
(b) Preemption of Conflicting State Laws.--Any law of a State shall
be superseded if it would directly or indirectly prohibit or restrict
an employer from creating or organizing an automatic deferral IRA (as
defined in section 408B of the Internal Revenue Service of 1986).
(c) Clerical Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to 408A the
following new item:
``408B. Automatic deferral IRAs.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 8. EXPANDING SMALL EMPLOYER PENSION PLAN STARTUP COST CREDIT.
(a) In General.--
(1) Including startup costs for employer-established
iras.--Paragraph (2) of section 45E(d) of the Internal Revenue
Code of 1986 (defining eligible employer plan) is amended by
inserting before the period ``and a plan of which a trust
described in section 408(c) is a part''.
(2) Additional credit amount.--
(A) In general.--Subsection (a) of section 45E of
such Code is amended by striking ``50 percent of'' and
all that follows and inserting ``the sum of--
``(1) 50 percent of the qualified startup costs paid or
incurred by the taxpayer during the taxable year, plus
``(2) $25 multiplied by the number of employees of the
employer who participate in any eligible employer plan of the
employer for the first time in such taxable year.''.
(B) Conforming amendment.--Paragraph (2) of section
45E(c) of such Code (defining eligible employer) is
amended--
(i) by striking ``qualified employer plan''
in each place it appears and inserting
``eligible employer plan'', and
(ii) by striking ``qualified'' in the
heading thereof and inserting ``eligible''.
(b) Effective Date.--The amendment made by this section shall apply
to costs paid or incurred in taxable years beginning after the date of
the enactment of this Act.
SEC. 9. AMENDMENT TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.
(a) In General.--Section 3(2) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(2)) is amended by adding at the
end the following new subparagraph:
``(C) An individual retirement plan (as defined in section
7701(a)(37) of the Internal Revenue Code of 1986) shall not be
considered a pension plan merely because an employer establishes a
payroll deduction program for the purpose of enabling employees to make
voluntary contributions to such account or annuity.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act. | Small Businesses Add Value for Employees Act of 2008 or the SAVE Act of 2008 - Amends Internal Revenue Code provisions relating to employer-established simple individual retirement accounts (IRAs) to: (1) repeal certain restrictions on rollovers from simple IRAs: (2) allow employers to elect to terminate qualified salary reduction arrangements at any time during the year; (3) repeal the enhanced 25% penalty on premature withdrawal made from simple IRAs within the first two plan years; (4) allow additional nonelective employer contributions to simple IRAs; (5) establish automatic deferral IRAs; and (6) increase the tax credit for small employer pension plan startup costs. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage retirement savings by modifying requirements with respect to employer-established IRAs, and for other purposes."} | 3,159 | 138 | 0.538101 | 1.415732 | 0.650202 | 2.246032 | 21.960317 | 0.833333 |
MECHANISMS.
(a) Establishment by States.--Each State is encouraged to establish
or maintain alternative dispute resolution mechanisms that promote the
resolution of health care liability claims in a manner that--
(1) is affordable for the parties involved in the claims;
(2) provides for the timely resolution of claims; and
(3) provides the parties with convenient access to the
dispute resolution process.
(b) Guidelines.--The Attorney General, in consultation with the
Secretary and the Administrative Conference of the United States, shall
develop guidelines with respect to alternative dispute resolution
mechanisms that may be established by States for the resolution of
health care liability claims. Such guidelines shall include procedures
with respect to the following methods of alternative dispute
resolution:
(1) Arbitration.--The use of arbitration, a nonjury
adversarial dispute resolution process which may, subject to
subsection (d), result in a final decision as to facts, law,
liability or damages. The parties may elect binding
arbitration.
(2) Mediation.--The use of mediation, a settlement process
coordinated by a neutral third party without the ultimate
rendering of a formal opinion as to factual or legal findings.
(3) Early neutral evaluation.--The use of early neutral
evaluation, in which the parties make a presentation to a
neutral attorney or other neutral evaluator for an assessment
of the merits, to encourage settlement. If the parties do not
settle as a result of assessment and proceed to trial, the
neutral evaluator's opinion shall be kept confidential.
(4) Early offer and recovery mechanism.--The use of early
offer and recovery mechanisms under which a health care
provider, health care organization, or any other alleged
responsible defendant may offer to compensate a claimant for
his or her reasonable economic damages, including future
economic damages, less amounts available from collateral
sources.
(5) Certificate of merit.--The requirement that a claimant
in a health care liability action submit to the court before
trial a written report by a qualified specialist that includes
the specialist's determination that, after a review of the
available medical record and other relevant material, there is
a reasonable and meritorious cause for the filing of the action
against the defendant.
(6) No-fault.--The use of a no-fault statute under which
certain health care liability actions are barred and claimants
are compensated for injuries through their health plans or
through other appropriate mechanisms.
(c) Further Redress.--
(1) In general.--The extent to which any party may seek
further redress (subsequent to a decision of an alternative
dispute resolution method established by a State under this
section) concerning a health care liability claim in a Federal
or State court shall be dependent upon the methods of
alternative dispute resolution adopted by the State involved.
(2) Claimant.--With respect to further redress described in
paragraph (1), if the party initiating such court action is the
claimant and the claimant receives a level of damages that is
at least 25 percent less under the decision of the court than
under the State alternative dispute resolution method, such
party shall bear the reasonable costs, including legal fees,
incurred in the court action by the other party or parties to
such action.
(3) Provider or other defendant.--With respect to further
redress described in paragraph (1), if the party initiating a
court action is the health care professional or health care
provider, or other defendant in a health care liability action
and the health care professional, health care provider, or
other defendant is found liable for a level of damages that is
at least 25 percent more under the decision of the court than
under the State alternative dispute resolution method, such
party shall bear the reasonable costs, including legal fees,
incurred in the court action by the other party or parties to
such action.
(d) Technical Assistance and Evaluations.--
(1) Technical assistance.--The Attorney General may provide
States with technical assistance in establishing or maintaining
alternative dispute resolution mechanisms under this section.
(2) Evaluations.--The Attorney General, in consultation
with the Secretary and the Administrative Conference of the
United States, shall monitor and evaluate the effectiveness of
State alternative dispute resolution mechanisms established or
maintained under this section.
SEC. 13. APPLICABILITY.
This Act shall apply to all civil actions covered under this Act
that are commenced on or after the date of enactment of this Act,
including any such action with respect to which the harm asserted in
the action or the conduct that caused the harm occurred before the date
of enactment of this Act.
SEC. 14. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | Common Sense Medical Malpractice Reform Act of 2001 - Declares that, in a health care liability action that is subject to this Act: (1) the action may not be initiated unless a complaint is filed within two years, with exceptions; (2) the amount of non-economic damages shall not exceed $250,000; and (3) an award for punitive damages may only be made if proven by clear and convincing evidence that the defendant intended to injure the claimant for a reason unrelated to the provision of health care services; understood the claimant was substantially certain to suffer unnecessary injury and deliberately failed to avoid such injury; or acted with a conscious disregard of a substantial and unjustifiable risk of unnecessary injury which the defendant failed to avoid in a manner which constitutes a gross deviation from the normal standard of conduct.Establishes additional limitations on punitive damages, including specified requirements for the pleading of punitive damages, and a requirement (at the request of any defendant in a health care liability action) that the trier of fact consider the issue of punitive damages in a separate proceeding.Sets forth provisions regarding periodic payments, the scope of liability (the liability of each defendant shall be several only and not joint), mandatory offsets for damages paid by a collateral source, and a cap on attorney's fees (limited to 25 percent of any judgement or settlement recovered).Encourages each State to establish or maintain ADR mechanisms. Directs the Attorney General to develop guidelines regarding such mechanisms. | {"src": "billsum_train", "title": "A bill to reform the health care liability system."} | 1,040 | 332 | 0.496632 | 1.628516 | 0.685323 | 1.264286 | 3.571429 | 0.664286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Evidence-Based Home Visitation Act
of 2009''.
SEC. 2. GRANTS FOR QUALITY HOME VISITATION PROGRAMS FOR LOW-INCOME
PREGNANT WOMEN AND LOW-INCOME FAMILIES WITH YOUNG
CHILDREN.
Title V of the Social Security Act (42 U.S.C. 701 et seq.) is
amended by adding at the end the following:
``SEC. 511. SEPARATE PROGRAM OF HOME VISITATION FOR LOW-INCOME PREGNANT
WOMEN AND LOW-INCOME FAMILIES WITH YOUNG CHILDREN.
``(a) Purpose.--The purpose of this section is to improve the well-
being and development of children by enabling the establishment and
expansion of quality programs providing voluntary home visitation
services to low-income pregnant women and low-income families with
young children.
``(b) Activities.--The Secretary shall take all necessary steps to
accomplish the purposes of this section, including the following:
``(1) Competitive planning grants.--The Secretary shall
award planning and start-up grants to local agencies to help
them qualify for operating grants described in paragraph (2).
``(2) Competitive operating grants.--The Secretary shall
award operating grants to local agencies to provide home
visitation services to low-income pregnant women or low-income
families with young children, consistent with the following:
``(A) Eligibility.--To receive an operating grant,
a local agency must meet all requirements established
by the Secretary, including the following:
``(i) Implementation of an approved
model.--The local agency shall provide services
consistent with a model of home visitation that
the Secretary has approved as having
demonstrated significant positive effects on
important program-determined child and parent
outcomes, such as reducing abuse and neglect,
improving prenatal health, improving child
health and development, improving school
readiness, reducing juvenile delinquency, and
improving family economic self-sufficiency.
``(ii) Accreditation.--If the local agency
proposes to implement an approved model of home
visitation, the local agency must abide by the
requirements, if any, of the national or
regional home visitation program model
identified by the Secretary, to ensure the
agency is capable of providing services
consistent with the model.
``(iii) State or local match.--The
Secretary shall have the authority to establish
State or local matching requirements as a
condition for receiving a grant under this
section, which may include in-kind
contributions and payments made to the State
under section 1903(a) for providing home
visitation services (as defined in section
1943(b)(2)) under the State plan under title
XIX, and may include a waiver based on economic
hardship.
``(B) Allocation.--
``(i) Priority funding for programs with
strongest evidence.--In awarding operating
grants during a fiscal year, the Secretary
shall allot the largest feasible percentage of
grant funding to local agencies that implement
home visitation models that are supported by
the strongest evidence of effectiveness.
``(ii) Distribution.--In awarding operating
grants, the Secretary shall take into account
the distribution of low-income families with
young children by geography.
``(3) Model approach.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall determine whether to approve a model of home visitation
services as qualifying in either or both of the following
categories:
``(A) Meeting the requirements for Secretarial
approval described in paragraph (2)(A)(i).
``(B) Being supported by the strongest evidence of
effectiveness.
``(4) Research.--
``(A) In general.--The Secretary shall fund an
ongoing program of research to accomplish the following
goals:
``(i) Establishing the strongest evidence
of effectiveness for a home visitation model
that has not yet been found to have such
evidence.
``(ii) In the case of an approved home
visitation model, furthering improvements of
such model, facilitating effective and
efficient replication of the model, and
facilitating adaptations of the model.
``(B) Requirement.--Evaluations funded under
clauses (i) and (ii) of subparagraph (A) shall be
specific to each approved model of home visitation and
shall include evaluations of program outcomes for each
home visitation program model separately.
``(5) Administration.--The Secretary shall perform, either
directly or through a private contractor, the following
administrative functions described in subparagraph (A):
``(A) Administrative functions.--The administrative
functions described in this subparagraph shall
include--
``(i) helping a local agency that receives
a planning grant qualify for an operating
grant;
``(ii) providing training and technical
assistance to local agencies that receive
planning or operating grants; and
``(iii) conducting quality assurance and
quality improvement activities with respect to
local agencies that receive planning or
operating grants.
``(B) Contracting requirements.--In electing
whether to employ a contractor and in selecting a
contractor--
``(i) the Secretary shall make such
election and selection separately with respect
to each approved model of home visitation; and
``(ii) the Secretary shall contract with a
private organization to perform the function
if, for a fixed amount of administrative
dollars, greater fidelity to the approved model
of home visitation is likely to result than if
the responsibilities are carried out by the
Secretary directly.
``(c) Other Provisions.--
``(1) Regulations.--The Secretary shall promulgate such
regulations or guidance as the Secretary determines necessary
for the effective implementation of this section not later than
1 year following the date of enactment of this Act.
``(2) National advisory board.--The Secretary shall
establish and meet periodically with a national advisory board
to seek advice about major policy issues involved in
implementing this section.
``(3) Treatment of assistance.--No funding or services
provided to low-income families under this section shall be
considered--
``(A) taxable income to the families who receive
services; or
``(B) income or resources countable in determining
eligibility for, or the amount of, any public benefit
provided under Federal law or the law of any State or
political subdivision thereof.
``(4) Evaluation.--The Secretary shall conduct, by grant,
contract, or interagency agreement, a comprehensive,
independent evaluation of the services provided with grants
awarded under this section, including the cost and
effectiveness of such services. The independent evaluation
conducted under this section shall be specific to each approved
program model of home visitation and shall include program
outcomes for each home visitation model separately. By not
later than 3 years after the date of enactment of this section,
the Secretary shall submit to Congress a report on such
evaluation.
``(d) Definitions.--In this section:
``(1) Local agency.--The term `local agency' may include a
unit of State, local, county, or city government, an Indian
tribe or tribal organization, or a non-governmental
organization.
``(2) Low-income.--The term `low-income' means individuals
whose family income does not exceed 200 percent of the poverty
line for a family of the size involved. Low-income shall also
include children and families whose income did not exceed 200
percent of the Federal poverty level for a family of the size
involved when they began receiving a course of home visitation
services but whose income exceeded the allowable amount during
the course of receiving home visitation services.
``(3) Poverty line.--The term `poverty line' has the
meaning given such term in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)), including any
revision required by such section.
``(4) Strongest evidence of effectiveness.--The term
`strongest evidence of effectiveness' means, with respect to a
model of home visitation, that rigorous, scientific evaluations
demonstrate sizable, sustained effects on important outcomes in
at least 3 of the following 5 areas:
``(A) Prenatal, maternal, and newborn health.
``(B) Child health and development (including
prevention of injuries and maltreatment).
``(C) School readiness and academic achievement.
``(D) Juvenile delinquency.
``(E) Family economic self-sufficiency.
``(5) Indian tribe; tribal organization.--The terms `Indian
tribe' and `tribal organization' have the meanings given such
terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
``(e) Appropriations.--Out of any money in the Treasury not
otherwise appropriated, there is appropriated to the Secretary to carry
out this section--
``(1) $100,000,000 for fiscal year 2010;
``(2) $250,000,000 for fiscal year 2011;
``(3) $400,000,000 for fiscal year 2012;
``(4) $550,000,000 for fiscal year 2013; and
``(5) $700,000,000 for fiscal year 2014.''.
SEC. 3. MEDICAID OPTION FOR SIMPLIFIED BILLING BY APPROVED HOME
VISITATION AGENCIES.
(a) State Plan Amendment.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended--
(1) in paragraph (72), by striking ``and'' at the end;
(2) in paragraph (73), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (73) the following:
``(74) at the option of the State, provide for simplified
billing by approved home visitation agencies under section
1943.''.
(b) Simplified Billing by Approved Home Visitation Agencies.--Title
XIX of such Act is amended by adding at the end the following:
``Sec. 1943. Simplified Billing by Approved Home Visitation
Agencies.--
``(a) In General.--A State electing the option described in this
Section may permit an approved home visitation agency to use a
simplified method to submit claims for payment for home visitation
services, but only to the extent that such services are covered under
the State plan.
``(b) Definitions.--In this section:
``(1) Approved home visitation agency.--The term `approved
home visitation agency' means a local agency with an operating
grant under section 511(b)(2).
``(2) Home visitation services.--The term `home visitation
services' means services provided consistently with the
approved model of home visitation services that is being
implemented by the local agency described in paragraph (1) and
that are covered under the State plan.
``(3) Simplified method to submit claims for payment.--The
term `simplified method to submit claims for payment' means a
billing method through which an approved home visitation agency
submits claims based on the weighted average cost per visit of
providing, through the approved model of home visitation
services being implemented by such agency, home visitation
services.
``(c) No Expansion of Covered Services.--Nothing in this section
shall be construed to authorize the provision of, or payment for, home
visitation or other services under this title that are not covered
under the State plan.''. | Evidence-Based Home Visitation Act of 2009 - Amends title V (Maternal and Child Health Services) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to award competitive planning and operating grants to local agencies to provide home visitation services to low-income pregnant women and low-income families with young children.
Amends SSA title XIX (Medicaid) to give states the option of providing for simplified billing by approved home visitation agencies. | {"src": "billsum_train", "title": "A bill to amend title V of the Social Security Act to provide grants to establish or expand quality programs providing home visitation for low-income pregnant women and low-income families with young children, and for other purposes."} | 2,560 | 110 | 0.587599 | 1.39911 | 0.601969 | 4.043011 | 24.870968 | 0.903226 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Kidney Disease
Equitable Access, Prevention, and Research Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROVIDING EQUITABLE ACCESS TO CARE FOR INDIVIDUALS WITH KIDNEY
DISEASE
Sec. 101. Improving access to care through improvements in the initial
survey process for renal dialysis
facilities.
Sec. 102. Providing choice in primary insurer.
Sec. 103. Protecting individuals with kidney failure from unfair
practices.
TITLE II--SUPPORTING RESEARCH TO IMPROVE ACCESS TO HIGH QUALITY KIDNEY
CARE
Sec. 201. Understanding the progression of kidney disease in minority
populations.
Sec. 202. Recommendations on dialysis quality and care management
research gaps.
Sec. 203. GAO study on transportation barriers to access kidney care.
TITLE III--IMPROVING ACCESS TO PREVENTIVE CARE FOR INDIVIDUALS WITH
KIDNEY DISEASE
Sec. 301. Improving access to medicare kidney disease education.
TITLE I--PROVIDING EQUITABLE ACCESS TO CARE FOR INDIVIDUALS WITH KIDNEY
DISEASE
SEC. 101. IMPROVING ACCESS TO CARE THROUGH IMPROVEMENTS IN THE INITIAL
SURVEY PROCESS FOR RENAL DIALYSIS FACILITIES.
Section 1864 of the Social Security Act (42 U.S.C. 1395aa) is
amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d) the following new
subsection:
``(e)(1) If the Secretary has entered into an agreement with any
State under this section under which the appropriate State or local
agency that performs any survey related to determining the compliance
of a renal dialysis facility subject to the requirements of section
1881(b) and the State licensure survey requirements are consistent with
or exceed such Federal requirements, the Secretary must accept the
results of the State licensure survey for purposes of determining
Federal certification of compliance. In the case of such an initial
survey of a renal dialysis facility, the Secretary may allow any State
to waive the reimbursement for conducting the survey under this section
if it requests such a waiver.
``(2) In the case of a renal dialysis facility that has waited for
more than 6 months to receive the results of an initial survey under
this section, the Secretary shall establish a specific timetable for
completing and reporting the results of the survey.''; and
(3) in subsection (f), as so redesignated--
(A) by striking ``Notwithstanding any other
provision of law,'' and inserting ``(1) Notwithstanding
any other provision of law and except as provided in
paragraph (2)''; and
(B) by adding at the end the following:
``(2) The Secretary may assess and collect fees for the initial
Medicare survey from a renal dialysis facility subject to the
requirements of section 1881(b) in an amount not to exceed a reasonable
fee necessary to cover the costs of initial surveys conducted for
purposes of determining the compliance of a renal dialysis facility
with the requirements of section 1881(b). Fees may be assessed and
collected under this paragraph only in such manner as would result in
an aggregate amount of fees collected during any fiscal year being
equal to the aggregate amount of costs for such fiscal year for initial
surveys of such facilities under this section. A renal dialysis
facility's liability for such fees shall be reasonably based on the
proportion of the survey costs which relate to such facility. Any funds
collected under this paragraph shall be used only to conduct the
initial survey of the facilities providing the fees.
``(3) Fees authorized under paragraph (2) shall be collected by the
Secretary and available only to the extent and in the amount provided
in advance in appropriations Acts and upon request of the Secretary,
subject to the amount and usage limitations of such paragraph. Such
fees so collected are authorized to remain available until expended.''.
SEC. 102. PROVIDING CHOICE IN PRIMARY INSURER.
(a) Providing for Patient Choice.--
(1) In general.--Section 1862(b)(1)(C) of the Social
Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended--
(A) in the last sentence, by inserting ``and before
January 1, 2013,'' after ``prior to such date)''; and
(B) by adding at the end the following new
sentence: ``Effective for items and services furnished
on or after January 1, 2013 (with respect to periods
beginning on or after the date that is 42 months prior
to such date), clauses (i) and (ii) shall be applied by
substituting `42-month' for `12-month' each place it
appears in the first sentence.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act. For
purposes of determining an individual's status under section
1862(b)(1)(C) of the Social Security Act (42 U.S.C.
1395y(b)(1)(C)), as amended by paragraph (1), an individual who
is within the coordinating period as of the date of enactment
of this Act shall have that period extended to the full 42
months described in the last sentence of such section, as added
by the amendment made by paragraph (1)(B).
(b) Providing Equitable Access to Insurance for Individuals With
Kidney Failure.--The Secretary of Health and Human Services shall
clarify upon enactment of this Act that the Medicare Secondary Payer
rules set forth in section 1862(b)(1)(C) of the Social Security Act (42
U.S.C. 1395y(b)(1)(C)), as amended by this Act, apply to qualified
health plans established under section 1311(b)(1)(B) of Public Law 111-
148 (42 U.S.C. 13031(b)(1)(B)).
SEC. 103. PROTECTING INDIVIDUALS WITH KIDNEY FAILURE FROM UNFAIR
PRACTICES.
(a) In General.--Section 1862(b)(1)(C)(ii) of the Social Security
Act (42 U.S.C. 1395y(b)(1)(C)(ii)) is amended to read as follows:
``(ii) may not differentiate in the
benefits it provides between individuals having
end stage renal disease and other individuals
covered by such plan or issuer on the basis of
the existence of end stage renal disease, the
need for renal dialysis, or in any other
manner, and such plan--
``(I) shall provide adequate,
advanced, written notification to
patients regarding changes to dialysis
service benefits, new restrictions on
out-of-network access, or reductions in
rates paid for out-of-network benefits
for such services;
``(II) shall allow patients to
continue using their existing provider
or facility of such services for at
least 24 months following the date of
notice of any change by the plan or
issuer in the dialysis services network
of the plan or issuer;
``(III) shall hold patients
harmless from provider network changes
with respect to such services if such
changes require unreasonable drive time
or disrupt the physician-patient
relationship;
``(IV) may not restrict the
duration or number of dialysis sessions
for patients, such as based on a fixed
number of treatments per week, to less
than the number for which payment may
be made pursuant to section 1881(b)(1);
``(V) may not require assignment of
benefits for such services;
``(VI) shall ensure that out-of-
pocket payments for such services apply
to the medicare part C out-of-pocket
maximums and not treated as routine for
purposes of calculating beneficiary
copayments;
``(VII) may not deny or limit
coverage for patients for such services
if premiums, copayments, or other
payments are made by third parties on
their behalf; and
``(VIII) shall meet minimum network
adequacy standards specified by the
Secretary with respect to such
services;''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to group health plans as of January 1, 2014.
TITLE II--SUPPORTING RESEARCH TO IMPROVE ACCESS TO HIGH QUALITY KIDNEY
CARE
SEC. 201. UNDERSTANDING THE PROGRESSION OF KIDNEY DISEASE IN MINORITY
POPULATIONS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Health and Human Services shall complete a study
(and submit a report to Congress) on--
(1) the social, behavioral, and biological factors leading
to kidney disease; and
(2) efforts to slow the progression of kidney disease in
minority populations that are disproportionately affected by
such disease.
SEC. 202. RECOMMENDATIONS ON DIALYSIS QUALITY AND CARE MANAGEMENT
RESEARCH GAPS.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to Congress a
report regarding the research gaps with respect to the development of
quality metrics and care management metrics for patients with end-stage
renal disease, including pediatric and home dialysis patients. Such
report shall include recommendations about undertaking research to fill
such gaps and prioritizing such research.
SEC. 203. GAO STUDY ON TRANSPORTATION BARRIERS TO ACCESS KIDNEY CARE.
(a) In General.--The Comptroller General of the United States shall
conduct an evaluation of the transportation barriers facing dialysis
patients that result in less than 100 percent compliance with their
plan of care under the Medicare program.
(b) Specific Matters Evaluated.--In conducting the evaluation under
subsection (a), the Comptroller General shall examine--
(1) the costs associated with providing dialysis services;
(2) the number and characteristics of patients who miss at
least 2 dialysis treatments during a month or have shortened
treatments because of barriers to transportation; and
(3) the potential sources of providing dialysis patients
with such transportation services.
(c) Report.--Not later than the date that is 6 months after the
date of the enactment of this Act, the Comptroller General shall submit
to Congress a report on the study conducted under subsection (a)
together with recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
TITLE III--IMPROVING ACCESS TO PREVENTIVE CARE FOR INDIVIDUALS WITH
KIDNEY DISEASE
SEC. 301. IMPROVING ACCESS TO MEDICARE KIDNEY DISEASE EDUCATION.
(a) In General.--Section 1861(ggg)(2) of the Social Security Act
(42 U.S.C. 1395x(ggg)(2)) is amended--
(1) by striking subparagraph (B); and
(2) in subparagraph (A)--
(A) by striking ``(A)'' after ``(2)'';
(B) by striking ``and'' at the end of clause (i);
(C) by striking the period at the end of clause
(ii) and inserting ``; and'';
(D) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(E) by adding at the end the following:
``(C) a renal dialysis facility subject to the
requirements of section 1881(b)(1) with personnel--
``(i) who provide the services described in
paragraph (1); and
``(ii) that include a physician (as defined
in subsection (r)(1)) or a physician assistant,
nurse practitioner, or clinical nurse
specialist (as defined in subsection
(aa)(5)).''.
(b) Payment to Renal Dialysis Facilities.--Section 1881(b) of such
Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following
new paragraph:
``(15) For purposes of paragraph (14), the single payment for renal
dialysis services under such paragraph shall not take into account the
amount of payment for kidney disease education services (as defined in
section 1861(ggg)). Instead, payment for such services shall be made to
the renal dialysis facility on an assignment-related basis under
section 1848.''.
(c) Providing Education Services to Individuals With Kidney
Failure.--Section 1861(ggg)(1)(A) of the Social Security Act (42 U.S.C.
1395x(ggg)(1)(A)) is amended--
(1) by inserting ``or stage V'' after ``stage IV''; and
(2) by inserting ``and who is not receiving dialysis
services'' after ``chronic kidney disease''.
(d) Effective Date.--The amendments made by this section apply to
kidney disease education services furnished on or after January 1,
2013. | Kidney Disease Equitable Access, Prevention, and Research Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS), in specified circumstances, to accept the results of a state licensure survey for purposes of determining federal certification of the compliance of a renal dialysis facility (RDF) with the conditions of Medicare participation.
Allows the Secretary to assess and collect reasonable fees for the initial Medicare survey from an RDF.
Revises Medicare requirements for group health plans to extend from 12 to 42 months after an individual becomes eligible for Medicare part A (Hospital Insurance Benefits for the Aged and Disabled) benefits the period during which a group health plan is a primary payer (and Medicare the secondary payer) for ESRD patients. Requires such a plan to: (1) provide adequate, advanced, written notice to patients regarding changes to dialysis service benefits, new restrictions on out-of-network access, or reductions in rates paid for out-of-network benefits; (2) allow patients to continue using their existing provider or facility for dialysis services for at least 24 months after a plan or issuer notice of any change; (3) hold patients harmless from a provider network change if the change requires unreasonable drive time or disrupts the physician-patient relationship; (4) ensure that out-of-pocket payments for such services apply to the Medicare part C (Medicare+Choice Program) out-of-pocket maximums and are treated as non-routine for copayment purposes; and (5) meet minimum network adequacy standards. Prohibits such a plan from: (1) restricting the duration or number of dialysis sessions for patients to less than the number for which payment may be made; (2) requiring assignment of benefits for such services; or (3) denying or limiting coverage for patients for such services if premiums, copayments, or other payments are made by third parties on their behalf. Directs the Secretary to study: (1) the social, behavioral, and biological factors leading to kidney disease; and (2) efforts to slow the progression of kidney disease in minority populations that are disproportionately affected by it. Directs the Secretary to report to Congress on the research gaps with respect to the development of quality metrics and care management metrics for ESRD patients. Directs the Comptroller General to evaluate the transportation barriers facing dialysis patients that result in less than 100% compliance with their plan of care under the Medicare program. Includes as a person qualified to furnish kidney disease education services an RDF with a physician or a physician assistant, nurse practitioner, or clinical nurse specialist. Declares that the mandatory single payment to an RDF or other provider of renal dialysis services shall not take into account the amount of payment for kidney disease education services. Revises the definition of “kidney disease education services” to specify education services furnished to individuals: (1) with stage V (as well as those with stage IV) chronic kidney disease, and (2) who are not receiving dialysis services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve Medicare benefits for individuals with kidney disease, and for other purposes."} | 3,026 | 667 | 0.607215 | 2.004386 | 0.686842 | 3.889456 | 4.307823 | 0.913265 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intercity Passenger Rail Trust Fund
Act of 1996''.
SEC. 2. 0.5 CENT OF GENERAL REVENUE PORTION OF THE HIGHWAY MOTOR FUEL
TAXES DEPOSITED INTO INTERCITY PASSENGER RAIL TRUST FUND.
(a) Establishment of Trust Fund.--Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end the following new section:
``SEC. 9512. INTERCITY PASSENGER RAIL TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Intercity
Passenger Rail Trust Fund', consisting of such amounts as may be
appropriated or credited to the Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Intercity Passenger Rail Trust Fund amounts equivalent to 0.5 cent
for each gallon with respect to which tax was imposed under section
4041 or 4081. Only taxes imposed after December 31, 1996, and before
October 1, 2001, shall be taken into account under the preceding
sentence.
``(c) Expenditures From Trust Fund.--
``(1) In general.--Except as provided in paragraph (2),
amounts in the Intercity Passenger Rail Trust Fund shall be
available, as provided by appropriation Acts, to finance
qualified expenses of--
``(A) the National Railroad Passenger Corporation,
and
``(B) each eligible State, to the extent determined
under paragraph (3).
``(2) Direct spending amounts.--The following amounts in
the Intercity Passenger Rail Trust Fund are hereby appropriated
to finance qualified expenses:
Amount
``Fiscal year: Available:
1997.......................................... $540,000,000
1998.......................................... 751,000,000
1999.......................................... 766,000,000
2000.......................................... 781,000,000
2001.......................................... 797,000,000.
``(3) Maximum amount of funds to eligible states.--Each
eligible State shall receive under this subsection an amount
equal to the lesser of--
``(A) the State's qualified expenses for the fiscal
year, or
``(B) the product of--
``(i) \1/12\ of 1 percent of the lesser
of--
``(I) the aggregate amounts
appropriated and credited to the
Intercity Passenger Rail Trust Fund
under subsection (a) for such fiscal
year, or
``(II) the aggregate amounts
appropriated from the Intercity
Passenger Rail Trust Fund under this
subsection for such fiscal year, and
``(ii) the number of months such State was
an eligible State in the preceding fiscal year.
If the amount determined under subparagraph (B) exceeds the
amount under subparagraph (A) for any fiscal year, the amount
under subparagraph (B) for the following fiscal year shall be
increased by the amount of such excess.
``(d) Definitions.--For purposes of this section--
``(1) Qualified expenses.--The term `qualified expenses'
means expenses incurred, with respect to obligations made after
December 31, 1996, and before October 1, 2001, if such expense
is--
``(A) in the case of--
``(i) the National Railroad Passenger
Corporation, for capital improvements in
intercity passenger rail service (or for
amortization of principal and interest on any
loan incurred such improvements), or
``(ii) an eligible State, for capital
improvements in intercity rail service (or for
amortization of principal and interest on any
loan incurred such improvements), and
``(B) certified by the Secretary of Transportation
as meeting the requirements of subparagraph (A).
``(2) Eligible state.--The term `eligible State' means any
State which does not receive intercity passenger rail service
from the National Railroad Passenger Corporation.
``(e) Termination.--The Secretary shall determine and retain, not
later than October 1, 2001, the amount in the Intercity Passenger Rail
Trust Fund necessary to pay any outstanding qualified expenses, and
shall transfer any amount not so retained to the general fund of the
Treasury.''
(b) Conforming Amendment.--The table of sections for subchapter A
of chapter 98 of such Code (relating to trust fund code) is amended by
adding at the end the following new item:
``Sec. 9512. Intercity Passenger Rail
Trust Fund.''
(c) Effective Date.--The amendments made by this section shall
apply with respect to taxes imposed after December 31, 1996.
SEC. 3. REMAINDER OF GENERAL REVENUE PORTION OF HIGHWAY MOTOR FUEL
EXCISE TAX REVENUES TO BE DEPOSITED INTO HIGHWAY TRUST
FUND.
(a) In General.--Paragraph (4) of section 9503(b) of the Internal
Revenue Code of 1986 (relating to certain additional taxes not
transferred to Highway Trust Fund) is amended to read as follows:
``(4) Certain taxes not transferred to highway trust
fund.--For purposes of paragraphs (1) and (2), there shall not
be taken into account--
``(A) the taxes imposed by section 4041(d),
``(B) the taxes imposed by section 4081 to the
extent attributable to the rate specified in section
4081(a)(2)(B), and
``(C) the taxes imposed by sections 4041 and 4081
to the extent that amounts equivalent to such taxes are
appropriated to the Intercity Passenger Rail Trust Fund
by section 9512(b).''
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 40(e)(1) of such Code is
amended by striking ``during which the Highway Trust Fund
financing rate under section 4081(a)(2) is not in effect'' and
inserting ``during which the rates of tax specified in section
4081(a)(2)(A) are not in effect''.
(2) The last sentence of subparagraph (A) of section
9503(c)(2) of such Code is amended by striking ``by taking into
account only the Highway Trust Fund financing rate applicable
to any fuel'' and inserting ``by taking into account only the
portion of the taxes which are deposited into the Highway Trust
Fund''.
(3) Subsection (f) of section 9503 of such Code is hereby
repealed.
(c) Effective Date.--The amendments made by this section shall
apply to taxes imposed after December 31, 1996. | Intercity Passenger Rail Trust Fund Act of 1996 - Amends the Internal Revenue Code to establish in the Treasury the Intercity Passenger Rail Trust Fund which shall finance qualified intercity passenger rail service expenses of: (1) the National Railroad Passenger Corporation; and (2) eligible States. Transfers to the Fund a specified percentage of the general revenue portion of the highway motor fuel taxes. | {"src": "billsum_train", "title": "Intercity Passenger Rail Trust Fund Act of 1996"} | 1,509 | 82 | 0.629191 | 1.484712 | 0.568437 | 3.342466 | 17.821918 | 0.90411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Waste Export and Import Prohibition
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) Proposals to export solid waste from the United States
to foreign countries are increasing. In numerous instances
exported waste has contaminated the environment, adversely
affected public health, and contributed to foreign policy
liabilities for the United States.
(2) Exports of solid waste are being undertaken to avoid
the community opposition and higher treatment and disposal
expenses that are associated with waste disposal, treatment,
and recycling in the United States.
(3) Increasingly, hazardous waste exports are justified by
the agreeable term ``recycling'', even though the result of the
export is a transfer of pollution to areas of the world with
little capability to manage that pollution.
(4) Continued exports of solid waste serve as a
disincentive to implementation of existing domestic policy,
which recognizes reuse and waste reduction as the best methods
of solid waste management.
(5) Imports of waste from foreign countries strain
diminishing domestic waste disposal capacity, threaten public
health, and contaminate the environment.
(6) The international Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal
recognizes the right and indeed encourages waste export and
import prohibitions. In the first meeting of the Parties, a
decision was made requesting industrialized countries to
prohibit transboundary movements of hazardous wastes and other
wastes for disposal to developing countries and further
requesting developing countries to prohibit the import of
hazardous wastes from industrialized countries.
(b) Purpose.--The purpose of this Act is to prohibit the export of
solid waste from the United States and the import of solid waste from
foreign countries.
SEC. 3. PROHIBITION OF EXPORT AND IMPORT OF SOLID WASTE.
(a) Prohibition.--Subtitle A of the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) is amended by adding at the end the following new
section:
``SEC. 1009. EXPORT AND IMPORT OF SOLID WASTE.
``(a) Prohibition on Exports to Non-OECD Countries.--Effective July
1, 1994, no person may export any solid waste from the United States to
a non-OECD country, except as provided in subsection (c).
``(b) Prohibition on Exports to and Imports from OECD Countries.--
Effective January 1, 1999, no person may export any solid waste from
the United States to an OECD country, or import any solid waste into
the United States from an OECD country, except as provided in
subsection (c).
``(c) Specific Exceptions.--(1) The prohibitions contained in
subsections (a) and (b) shall not apply to baled waste paper, scrap
textiles, or waste glass, if all of the following conditions are met
with respect to such waste:
``(A) The waste is exported or imported for the purposes of
recycling.
``(B) The waste is separated from the waste stream.
``(C) The waste does not contain any substances whose
storage, treatment, or disposal within the United States is
regulated under subtitle C.
``(2) The prohibition contained in subsection (b) shall not apply
to any scrap metal that--
``(A) meets all of the conditions listed in subparagraphs
(A), (B), and (C) of paragraph (1);
``(B) is not, and does not contain, a sludge; and
``(C) meets either of the following conditions:
``(i) The waste is not within, and does not contain
a waste within, a category of waste listed in Annex I
or Annex II of the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their
Disposal.
``(ii) The waste does not have a characteristic
listed in Annex III of such convention.
``(d) Requirement to Retrieve or Clean Up Waste.--(1) In any case
in which waste is exported in violation of this section, the
Administrator shall ensure that the waste is retrieved from the
recipient foreign country, if the foreign country agrees to such
retrieval, by either requiring the violator to retrieve such waste
pursuant to a compliance order issued under subsection (g), or by
retrieving the waste directly.
``(2) If the Administrator retrieves the waste directly, the
Administrator shall ensure that the waste is retrieved--
``(A) in the case of a violation with respect to which a
compliance order has been issued, not later than 90 days after
the expiration of the time period specified in the compliance
order for retrieval of the waste by the violator, if the
violator has failed to retrieve the waste; and
``(B) in the case of a violation with respect to which a
compliance order has not been issued, not later than 90 days
after discovery of the violation.
``(3) If the foreign country does not agree to retrieval of the
waste, the Administrator shall dispose of or clean up such waste in the
foreign country, to the extent the foreign country agrees to such
action.
``(e) Definitions.--For purposes of this section, the following
definitions apply:
``(1) The term `solid waste' has the meaning given that
term by section 1004(27), except that such term also includes
the following:
``(A) Low-level radioactive waste, as defined in
part 61 of title 10 of the Code of Federal Regulations.
``(B) Mixed waste. For purposes of this subsection,
the term `mixed waste' means hazardous waste or
nonhazardous waste mixed with low-level radioactive
waste.
``(C) All wastes covered by the Basel Convention on
the Control of Transboundary Movements of Hazardous
Wastes and their Disposal, as set forth in Annexes I,
II, and III of that convention.
``(2) The term `OECD country' means any foreign country
that is a member of the Organization for Economic Cooperation
and Development.
``(3) The term `non-OECD country' means any foreign country
that is not an OECD country.
``(f) Regulations.--The Administrator shall promulgate such
regulations as may be necessary to implement this section. The
regulations shall exclude from the prohibitions contained in
subsections (a) and (b) small quantities of personal household waste
carried by individuals traveling abroad.
``(g) Enforcement.--
``(1) Compliance orders.--(A) Whenever on the basis of any
information the Administrator determines that any person has
violated or is in violation of any requirement of this section,
the Administrator may--
``(i) issue an order assessing a civil penalty for
any past or current violation, requiring compliance
immediately or within a specified time period, or both;
or
``(ii) commence a civil action in the United States
district court in the district in which the violation
occurred for appropriate relief, including a temporary
or permanent injunction.
``(B) A compliance order issued under subparagraph (A)(i)
shall include, in the case of a person exporting waste in
violation of this section, a requirement to retrieve the waste
from the recipient foreign country within 90 days after
issuance of the order, or within such shorter period of time as
the Administrator considers appropriate, if the foreign country
agrees to such retrieval.
``(C) A compliance order issued under subparagraph (A)(i)
may include--
``(i) in the case of a person exporting waste in
violation of this section, a requirement to dispose of
or clean up the waste in the foreign country, to the
extent agreed to by the foreign country; or
``(ii) in the case of a person importing waste in
violation of this section, a requirement to return the
waste to the foreign country from which the waste
originated, if the foreign country agrees to accept
such waste, or to dispose of or clean up the waste in
compliance with applicable law.
``(2) Public hearing.--Any order issued under this
subsection shall become final unless, not later than 30 days
after the order is served, the person or persons named in the
order request a public hearing. Upon such request, the
Administrator shall promptly conduct a public hearing. In
connection with any proceeding under this section the
Administrator may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers,
books, and documents, and may promulgate rules for discovery
procedure.
``(3) Civil penalties.--(A) Any person who violates any
requirement of this section shall be liable to the United
States for a civil penalty in an amount not to exceed $25,000
for each such violation. Each day of such violation shall, for
purposes of this subsection, constitute a separate violation.
``(B) If a violator fails to take the action required by a
compliance order issued under paragraph (1) within the time
specified in the order, the Administrator may assess a civil
penalty of not more than $25,000 for each day of continued
noncompliance with the order.
``(4) Criminal penalties.--Any person who knowingly
violates the prohibition contained in this section or any
requirement of regulations promulgated under subsection (e)
shall be subject to imprisonment for not to exceed 10 years,
fined in accordance with title 18, United States Code, or both,
for each such violation.
``(5) Citizen suits.--For purposes of this section, a
government of a foreign country shall be considered a person
under section 7002 (relating to citizen suits).''.
(b) Repeal of Existing Authority.--Section 3017 of the Solid Waste
Disposal Act is repealed. The table of contents for subtitle C of such
Act is amended by striking out the item relating to such section.
(c) Table of Contents.--The table of contents for subtitle A of the
Solid Waste Disposal Act is amended by adding at the end the following
new item:
``Sec. 1009. Export and import of solid waste.''. | Waste Export and Import Prohibition Act - Amends the Solid Waste Disposal Act (SWDA) to prohibit: (1) effective July 1, 1994, the export of solid waste from the United States to any non-Organization for Economic Cooperation and Development (OECD) country; and (2) effective July 1, 1999, the export of solid waste from the United States to an OECD country or the importation of solid waste into the United States from an OECD country.
Makes such prohibitions inapplicable to baled waste paper, scrap textiles, or waste glass if the waste: (1) is exported or imported for recycling purposes; (2) is separated from the waste stream; and (3) does not contain any substances whose storage, treatment, or disposal is regulated as a hazardous waste under the SWDA. Exempts scrap metal from such prohibition as well if the metal meets such conditions and is not, and does not contain, a sludge and if the waste: (1) is not within, and does not contain a waste within, a category of waste listed in Annex I or II of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; or (2) does not have a characteristic listed in Annex III of such convention.
Requires the Administrator of the Environmental Protection Agency to provide for the retrieval, disposal, or clean up of waste exported to a foreign country in violation of this Act.
Includes within the definition of "solid waste": (1) low-level radioactive waste and waste mixed with low-level radioactive waste; and (2) all waste covered by the Basel Convention.
Excludes small quantities of household waste carried by individuals traveling abroad from the prohibitions of this Act.
Sets forth enforcement procedures.
Repeals specified existing provisions concerning the export of hazardous wastes. | {"src": "billsum_train", "title": "Waste Export and Import Prohibition Act"} | 2,263 | 397 | 0.62089 | 1.935944 | 0.693393 | 4.036011 | 5.847645 | 0.927978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees and Uniformed
Services Group Long-Term Care Insurance Act of 2000''.
SEC. 2. LONG-TERM CARE INSURANCE.
(a) In General.--Subpart G of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 90--LONG-TERM CARE INSURANCE
``Sec.
``9001. Definitions.
``9002. Eligibility to obtain coverage.
``9003. Contracting authority.
``9004. Long-term care benefits.
``9005. Financing.
``9006. Preemption.
``9007. Studies, reports, and audits.
``9008. Claims for benefits.
``9009. Jurisdiction of courts.
``9010. Regulations.
``Sec. 9001. Definitions
``For purposes of this chapter, the term--
``(1) `activities of daily living' includes--
``(A) eating;
``(B) toileting;
``(C) transferring;
``(D) bathing;
``(E) dressing; and
``(F) continence;
``(2) `annuitant' has the meaning such term would have
under section 8901(3) if, for purposes of such paragraph, the
term `employee' were considered to have the meaning under
paragraph (5) of this section;
``(3) `appropriate Secretary' means--
``(A) except as otherwise provided in this
paragraph, the Secretary of Defense;
``(B) with respect to the United States Coast Guard
when it is not operating as a service of the Navy, the
Secretary of Transportation;
``(C) with respect to the commissioned corps of the
National Oceanic and Atmospheric Administration, the
Secretary of Commerce; and
``(D) with respect to the commissioned corps of the
Public Health Service, the Secretary of Health and
Human Services;
``(4) `eligible individual' means--
``(A) an annuitant, employee, member of the
uniformed services, or retired member of the uniformed
services; or
``(B) a qualified relative of an individual
described under subparagraph (A);
``(5) `employee' means--
``(A) an employee as defined under section 8901(1)
(A) through (D) and (F) through (I), but does not
include an employee excluded by regulation of the
Office under section 9010; and
``(B) an individual described under section
2105(e);
``(6) `member of the uniformed services' means a person
who--
``(A)(i) is a member of the uniformed services on
active duty for a period of more than 30 days; or
``(ii) is a member of the Selected Reserve as
defined under section 10143 of title 10, including
members on--
``(I) full-time National Guard duty as
defined under section 101(d)(5) of title 10; or
``(II) active Guard and Reserve duty as
defined under section 101(d)(6) of title 10;
and
``(B) satisfies such eligibility requirements as
the Office prescribes under section 9010;
``(7) `Office' means the Office of Personnel Management;
``(8) `qualified carrier' means a company or consortium
licensed and approved to issue group long-term care insurance
in all States and to do business in each of the States;
``(9) `qualified relative', as used with respect to an
eligible individual described under paragraph (4)(A), means--
``(A) the spouse of such individual;
``(B) a parent or parent-in-law of such individual;
and
``(C) any other person bearing a relationship to
such individual specified by the Office in regulations;
``(10) `retired member of the uniformed services' means a
member of the uniformed services entitled to retired or
retainer pay (other than under chapter 1223 of title 10) who
satisfies such eligibility requirements as the Office
prescribes under section 9010; and
``(11) `State' means a State of the United States, and
includes the District of Columbia.
``Sec. 9002. Eligibility to obtain coverage
``(a) Any eligible individual may obtain long-term care insurance
coverage under this chapter for such individual.
``(b) As a condition for obtaining long-term care insurance
coverage under this chapter based on one's status as a qualified
relative, an applicant shall provide documentation to demonstrate the
relationship as prescribed by the Office.
``(c) An individual shall not be eligible for coverage under this
chapter if the individual would be immediately eligible to receive
benefits upon obtaining coverage.
``Sec. 9003. Contracting authority
``(a)(1) Without regard to section 3709 of the Revised Statutes (41
U.S.C. 5) or any other statute requiring competitive bidding, the
Office may contract with qualified carriers for a policy or policies of
group long-term care insurance to provide benefits as specified by this
chapter.
``(2) The Office shall--
``(A) contract with--
``(i) a primary carrier with respect to assumption
of risk;
``(ii) no less than 2 qualified carriers to act as
reinsurers; and
``(iii) as many qualified carriers as necessary to
administer this chapter, which shall also act as
reinsurers; and
``(B) ensure that each resulting contract is awarded on the
basis of contractor qualifications, price, and reasonable
competition to the maximum extent practicable.
``(b) The Office may design a benefits package or packages and
negotiate final offerings with qualified carriers.
``(c) Each contract under this section shall contain a detailed
statement of the benefits offered (including any maximums, limitations,
exclusions, and other definitions of benefits), the rates charged
(including any limitations or other conditions on any subsequent
adjustment), and such other terms and conditions as may be mutually
agreed to by the Office and the carrier involved, consistent with the
requirements of this chapter.
``(d) Premium rates charged under a contract entered into under
this section shall reasonably reflect the cost of the benefits provided
under that contract as determined by the Office.
``(e) The coverage and benefits made available to individuals under
a contract entered into under this section shall be guaranteed to be
renewable and may not be canceled by the carrier except for nonpayment
of premium.
``(f) The Office may withdraw an offering under this section based
on open season participation rates, the composition of the risk pool,
or both.
``(g)(1) Each contract under this section shall require the carrier
to provide insurance, payments, or benefits in an individual case if
the Office (or a duly designated third-party) finds that the individual
involved is entitled to such payment or benefit under the contract.
``(2) Each contract with a carrier described under subsection
(a)(2)(A)(ii) shall require the carrier to participate in
administrative procedures designed to bring about the expeditious
resolution of disputes arising under such contract, including, in
appropriate circumstances, 1 or more alternative means of dispute
resolution, as prescribed by the Office.
``(h)(1)(A) Subject to subparagraph (B), each contract under this
section shall be for a term of 5 years, unless terminated earlier by
the Office.
``(B) The rights and responsibilities of the enrolled individual,
the insurer, and the Office (or duly designated third-party) under any
such contract shall continue until the termination of coverage of the
enrolled individual.
``(2) Group long-term care insurance coverage obtained by an
individual under this chapter shall terminate only upon the occurrence
of--
``(A) the death of the insured;
``(B) exhaustion of benefits, as determined under the
contract; or
``(C) any event justifying a cancellation under subsection
(e).
``(3) Subject to paragraph (2), each contract under this section
shall include such provisions as may be necessary and consistent with
regulations of the Office under section 9010, to--
``(A) effectively preserve all parties' rights and
responsibilities under such contract notwithstanding the
termination of such contract (whether due to nonrenewal under
paragraph (1)(A) or otherwise); and
``(B) ensure that, once an individual becomes duly
enrolled, long-term care insurance coverage obtained by such
individual under that enrollment shall not be terminated due to
any change in status (as described under section 9001(4)), such
as separation from Government service or the uniformed
services, or ceasing to meet the requirements for being
considered a qualified relative (whether due to divorce or
otherwise).
``(i) Nothing in this chapter may be construed to grant authority
for the Office or a third party to change the rules under which the
contract operates for disputed claims purposes.
``Sec. 9004. Long-term care benefits
``(a) Benefits under this chapter shall be--
``(1) provided under qualified long-term care insurance
contracts, within the meaning of section 7702B of the Internal
Revenue Code of 1986; and
``(2) to the extent determined appropriate by the Office,
consistent with the more stringent of--
``(A) the most recent standards recommended by the
National Association of Insurance Commissioners; or
``(B) such standards as recommended in calendar
year 1993.
``(b) Each contract under section 9003, in addition to any matter
otherwise required under this chapter, shall provide for--
``(1) adequate consumer protections (including through
establishment of sufficient reserves or reinsurance);
``(2) adequate protections in the event of carrier
bankruptcy (or other similar event);
``(3) availability of benefits upon appropriate
certification as to an individual's--
``(A) inability (without substantial assistance
from another individual) to perform at least 2
activities of daily living for a period of at least 90
days due to a loss of functional capacity; or
``(B) requiring substantial supervision to protect
such individual from threats to health and safety due
to severe cognitive impairment as defined in the
contract;
``(4) choice of service benefits (such as the expense-
incurred method or the indemnity method);
``(5) the availability of inflation protection;
``(6) portability of benefits (consistent with section 9003
(e) and (h));
``(7) length-of-benefit options;
``(8) options relating to long-term care benefits designed
to provide maximum flexibility regarding care modalities,
including nursing home care, assisted living care, home care,
and care by family members;
``(9) options relating to elimination periods; and
``(10) options relating to nonforfeiture benefits.
``Sec. 9005. Financing
``(a) Each individual having long-term care insurance coverage
under this chapter shall be responsible for 100 percent of the charges
for such coverage.
``(b) The amount necessary to pay the premium for enrollment
shall--
``(1) in the case of an employee, be withheld from the pay
of such employee;
``(2) in the case of an annuitant, be withheld from the
annuity of such annuitant;
``(3) in the case of a member of the uniformed services
described under section 9001(6), be withheld from the basic pay
of such member; and
``(4) in the case of a retired member of the uniformed
services described in section 9001(10), be withheld from the
retired pay or retainer pay payable to such member.
``(c) Withholdings to pay the charges for enrollment of a qualified
relative may, upon election of the eligible individual related to the
qualified relative, be withheld under subsection (b) in the same manner
as if enrollment were for such eligible individual.
``(d) Any enrollee whose pay, annuity, or retired or retainer pay
(as referred to in subsection (b)) is insufficient to cover the
withholding required for enrollment (or who is not receiving any
regular amounts from the Government, as referred to in subsection (b),
from which any such withholdings may be made) shall pay the full amount
of those charges directly to the carrier.
``(e) Each carrier participating under this chapter shall account
for all funds received under this chapter separate and apart from all
other funds relating to contracts or matters that are unrelated to this
chapter.
``(f)(1) A contract under this chapter shall include appropriate
provisions under which the carrier shall reimburse the Office or other
administering Federal agency for the administrative costs incurred by
the Office or such agency under this chapter (such as for dispute
resolution), and including the costs of the initial implementation of
this chapter, which are allocable to such carrier.
``(2) Reimbursements required under this subsection, except those
relating to the costs of the initial implementation of this chapter,
shall be deposited in the Employees Health Benefits Fund established
under section 8909, and held in a separate Long-Term Care Insurance
Account. This account shall be available to the Office without
limitation for the purposes of this chapter.
``Sec. 9006. Preemption
``Except with regard to any financial requirement imposed by a
State or the District of Columbia which is more stringent than the
analogous requirement imposed by section 9004(b)(1), this chapter shall
supersede and preempt any State or local law, or law of a territory or
possession, which is determined by the Office to be inconsistent with--
``(1) the provisions of this chapter; or
``(2) after consultation with appropriate State Insurance
Commissioners, the efficient provision of a nationwide long-
term care insurance program for Federal employees.
``Sec. 9007. Studies, reports, and audits
``(a) Each qualified carrier entering into a contract under this
chapter shall--
``(1) furnish such reasonable reports as the Office
determines to be necessary to enable the Office to carry out
its functions under this chapter; and
``(2) permit the Office and representatives of the General
Accounting Office to examine such records of the carrier as may
be necessary to carry out the purposes of this chapter.
``(b) Each Federal agency shall keep such records, make such
certifications, and furnish the Office, the carrier, or both, with such
information and reports as the Office may require.
``Sec. 9008. Claims for benefits
``(a) A claim for benefits under this chapter shall be filed within
4 years after the date on which the reimbursable cost was incurred or
the service was provided.
``(b)(1) Except as provided under paragraph (2), benefits payable
under this chapter for any reimbursable cost incurred or service
provided are secondary to any other benefit payable for such cost or
service. No payment may be made where there is no legal obligation for
such payment.
``(2)(A) Benefits payable under the programs described under
subparagraph (B) shall be secondary to benefits payable under this
chapter.
``(B) The programs referred to under subparagraph (A) are--
``(i) the program of medical assistance under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.); and
``(ii) any other Federal or State programs that the Office
may specify in regulations that provide health benefit coverage
designed to be secondary to other insurance coverage.
``Sec. 9009. Jurisdiction of courts
``A claimant under this chapter may file suit against the carrier
of the long-term care insurance policy covering such claimant in the
district courts of the United States, after exhausting all available
administrative remedies.
``Sec. 9010. Regulations
``(a) The Office shall prescribe regulations necessary to carry out
this chapter.
``(b) The regulations of the Office shall--
``(1) prescribe the time at which and the manner and
conditions under which an individual may obtain or continue
long-term care insurance under this chapter, including--
``(A) the length of time constituting the first
opportunity to enroll; and
``(B) the minimum period of coverage required for
portability; and
``(2) provide for periodic coordinated enrollment promotion
and education efforts.
``(c) The regulations of the Office may not exclude--
``(1) an employee or group of employees solely on the basis
of the hazardous nature of employment; or
``(2) an employee who is occupying a position on a part-
time career employment basis, as defined under section 3401(2).
``(d) Any regulations necessary to effect the application and
operation of this chapter with respect to an eligible individual or a
qualified relative of such individual shall be prescribed by the Office
in consultation with the appropriate Secretary.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part III of title 5, United States Code, is amended by inserting after
the item relating to chapter 89 the following:
``90. Long-Term Care Insurance.............................. 9001''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTATION.
There are authorized to be appropriated such sums as may be
necessary to pay costs incurred by the Office of Personnel Management
for implementation of chapter 90 of title 5, United States Code, during
the period between the date of enactment of this Act and the date on
which long-term care insurance coverage first becomes effective under
that chapter. Any reimbursement of such costs by a carrier under
section 9005(f) of title 5, United States Code (as added by this Act)
shall be deposited in the General Fund.
SEC. 4. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall take effect
on the date of enactment of this Act.
(b) Coverage.--Coverage under this Act shall become effective as
specified by the Office of Personnel Management, except that such
coverage shall be effective not later than the first day of the first
fiscal year beginning more than 2 years after the date of enactment of
this Act. | Authorizes the Office of Personnel Management, without regard to statutes requiring competitive bidding, to contract with qualified carriers to provide long-term care insurance under this Act. Sets forth contract terms, including a requirement that coverage may not be canceled except for nonpayment of premiums. Provides for five-year contracts. Describes conditions under which coverage may be terminated. Sets forth required elements of contracts, including portability of benefits.
Makes insured individuals responsible for 100 percent of the charges of coverage and requires individuals to have amounts withheld from pay for their coverage (authorizes such withholding for qualified relatives). Requires such reimbursements to be deposited into the Employees Health Benefits Fund and held in a separate Long-Term Care Insurance Account.
Preempts State and local law.
Requires qualified carriers to furnish reasonable reports and permit audits.
Requires insurance benefits claims to be filed within four years after the date on which the cost was incurred or the service was provided. Provides jurisdiction for disputed claims through U.S. district courts after exhausting all available administrative remedies.
Authorizes appropriations. | {"src": "billsum_train", "title": "Federal Employees and Uniformed Services Group Long-Term Care Insurance Act of 2000"} | 4,012 | 247 | 0.411942 | 1.149029 | 0.705844 | 3.044554 | 19.326733 | 0.886139 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Bonds and Capital
Improvements Act of 1997''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``National Park Capital Improvement Fund''
means the fund established under this Act containing the
revenues collected by the National Park Service from all park
units in the National Park System and held in trust by the
Department of the Treasury for the purpose of paying the debt
service on the National Park Capital Improvement bonds.
(2) The term ``National Park Capital Improvement bonds''
means bonds sold by the Department of the Treasury under this
Act to generate capital to make appropriate capital
improvements of National Park units as specified in this Act.
(3) The term ``capital improvements'' means more than
physical construction projects such as roads, visitor centers,
and other infrastructure projects. The term includes one-time
and periodic projects such as resource inventories, monitoring
activities, and educational and interpretive programs, as well
as transportation systems. The term also includes data
gathering and planning needed to design projects aimed at
protecting park resources.
(4) The term ``National Park System'' has the meaning
provided in section 2(a) of the Act of August 8, 1953 (16
U.S.C. 1c(a)).
SEC. 3. FINDINGS.
Congress finds the following:
(1) Our Nation's parks are among our Nation's greatest
treasure and an integral part of our national heritage. We have
an obligation to protect them for future generations to enjoy,
learn from, and experience.
(2) Unfortunately, in recent years we have failed to take
proper care of our parks. In particular, more and more people
are visiting our parks and fewer and fewer real dollars are
being spent to protect the resources for which they were set
aside--their spectacular vistas, clean and clear water,
significant wildlife habitats, historic buildings, etc.
(3) While it is incumbent upon Congress to appropriate
adequate funds for the operation of our national parks, the
backlog of natural and cultural resource protection needs
together with other needs for transportation improvements,
building repairs, etc., is now so great that a new source of
funding to meet these needs must be found.
(4) All park needs, however, are not equal. Of utmost
importance and urgency is the need to protect the cultural,
historic, and natural resources for which our parks were set
aside to protect. These resources are our parks' capital.
Unless we preserve them, there will be little reason for
Americans and visitors from other countries to visit our parks.
Projects that are needed to prevent ongoing or threatened harm
to the resources of our parks must be given the highest
priority when funding priorities are set. Similarly, projects
designed to rehabilitate damage done in the past to park
resources should be given the next highest priority.
(5) In considering the needs of our parks, care must be
taken to avoid exacerbating problems, particularly those
involving visitors. Emphasis must be placed now, and into the
future, on designing and implementing transportation systems
which will minimize use of private cars and resultant traffic
problems within the parks, while providing safe, reliable, and
flexible alternatives.
(6) In considering the needs of our parks, activities which
do not require on the ground construction must not be slighted.
In particular, educational and interpretive programs are
central to the mission of our parks. Similarly, reliable and
sound information is central to the solution of the problems
facing them. Accordingly, these kinds of projects should be
recognized as essential investments in our parks.
SEC. 4. NATIONAL CAPITAL IMPROVEMENT FUND AND BONDS ISSUED BY SECRETARY
OF TREASURY.
(a) Fund.--There is hereby established in the Treasury a National
Park Capital Improvement Fund. The Secretary of the Treasury shall
deposit all the revenues collected by the National Park Service from
all park units in the National Park System in such Fund. Such Fund
shall be held in trust by the Secretary of the Treasury for the purpose
of paying the debt service on the National Park Capital Improvement
bonds.
(B) Bonds.--The Secretary of the Treasury shall issue taxable
bonds, the interest on which shall be paid from the National Park
Capital Improvement Fund.
SEC. 5. MEMORANDUM OF AGREEMENT.
The Secretary of the Interior shall enter into a memorandum of
agreement with the Secretary of the Treasury for the purpose of
managing the National Park Capital Improvement Fund and issuing
National Park Capital Improvement bonds. The memorandum shall specify
each of the following:
(1) The aggregate face amount of the bonds issued. Such
amount may not exceed $1,500,000,000.
(2) The maturity of the bonds, not to exceed 20 years.
(3) The per capita amount required to amortize the bond
issue, pay the interest on the bonds, and maintain a sufficient
reserve consistent with Department of the Treasury standards.
(4) The kinds of projects that will be funded with the bond
proceeds.
SEC. 6. NATIONAL PARK CAPITAL IMPROVEMENT FUND.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Interior is authorized and directed to credit all
funds collected from the following to the National Park Capital
Improvement Fund:
(1) Funds collected pursuant to section 4 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a).
(2) Funds collected from the operation of concessions
within the entire National Park System under the National Park
Concessions Act of 1965 (16 U.S.C. 20 and following).
(3) Funds collected as special use fees pursuant to the
National Park Organic Act of 1916 (39 Stat. 535; 16 U.S.C.
1,2,3, and 4) and the National Park Administration Act (16
U.S.C. 1b, 1c, and 1d.
(b) Use.--The National Park Capital Improvement Fund or a set-aside
portion thereof shall be used by the Secretary of the Treasury to
amortize the bond issue, pay the interest on the bonds, and maintain a
sufficient reserve consistent with industry standards.
(c) Excess Funds.--Any funds collected in excess of the amount
necessary to amortize the bond issue and maintain a sufficient reserve,
as determined by the Secretary of the Treasury, shall be held for use
in amortizing and paying the interest on future National Park Capital
Improvement bonds for the benefit of all units of the National Park
System.
SEC. 7. USE OF BOND PROCEEDS.
(a) Eligible Projects.--
(1) In general.--Subject to such allocation of funding as
may be provided in annual appropriations legislation, and
subject to paragraph (2), bond proceeds under this Act may be
used for projects that will--
(A) protect the natural, historic, cultural,
scenic, and other resources of a park including
activities which do not require on the ground
construction such as obtaining reliable and sound
information;
(B) provide educational and interpretative programs
to enrich the park resource based experience of
visitors; and
(C) rehabilitate, replace, or repair existing
facilities or design and construct new facilities in a
park unit provided that it does not create or
exacerbate damage to park resources nor degrade the
experience of visitors.
(2) Limitation.--A project referred to in paragraph (1)
shall be consistent with--
(A) the laws governing the national Park System;
(B) any law governing the park unit;
(C) the general management plan for the park; and
(D) the current list of priority projects necessary
to meet park needs.
In developing the list referred to in subparagraph (D) and in
carrying out projects, the resources to be protected by each
project shall always be specifically identified and the highest
priority shall be given, first, to projects designed to prevent
ongoing resource harm and second, to rehabilitate past damage.
The next highest priority shall be given to projects that
protect resources and enhance the experience of visitors. In
considering the needs of our parks, care must be taken to avoid
exacerbating problems particularly those involving visitors.
Emphasis must be placed on designing and implementing
transportation systems which will minimize use of private cars
and resultant traffic. No project shall be approved for funding
or funded pursuant to this Act if harm to any park resources
will result therefrom.
(b) Interest on Bond Proceeds.--Any interest earned on bond
proceeds shall be transferred into the National Park Capital
Improvement Fund.
SEC. 8. ADMINISTRATION.
(a) Joint Regulations.--The Secretary of the Interior and the
Secretary of the Treasury shall jointly issue regulations to carry out
this Act.
(b) Priorities.--The Secretary of the Interior shall issue
regulations for the identification and prioritization of projects to be
funded pursuant to this Act. | National Park Bonds and Capital Improvements Act of 1997 - Establishes in the Treasury a National Park Capital Improvement Fund. Directs the Secretary of the Treasury (the Secretary) to: (1) deposit all revenues collected by the National Park Service from all park units in the National Park System into such Fund (and requires that the Fund be held in trust by the Secretary for the purpose of paying the debt service on the National Park Capital Improvement bonds); and (2) issue taxable bonds, with the interest paid from the Fund. Requires the Secretary of the Interior to enter into a memorandum of agreement with the Secretary for the purpose of managing the Fund and issuing bonds.
Directs the Secretary of the Interior to credit to the Fund specified funds collected pursuant to the Land and Water Conservation Fund Act of 1965 from the operation of concessions within the National Park System under the National Park Concessions Act of 1965 and as special use fees pursuant to the National Park Organic Act of 1916 and the National Park Administration Act.
Authorizes the use of bond proceeds, subject to specified restrictions, for projects that will: (1) protect the natural, historic, cultural, scenic, and other resources of a park; (2) provide educational and interpretative programs to enrich the park resource based experience of visitors; and (3) rehabilitate, replace, or repair existing facilities or design and construct new facilities in a park unit.
Sets forth provisions regarding limits on such projects, interest on bond proceeds, and regulations for the identification and prioritization of projects to be funded pursuant to this Act. | {"src": "billsum_train", "title": "National Park Bonds and Capital Improvements Act of 1997"} | 1,873 | 328 | 0.543901 | 1.836693 | 0.76003 | 4.802589 | 5.893204 | 0.951456 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Disaster Tax Relief Act of
2008''.
SEC. 2. LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED DISASTERS.
(a) Waiver of Adjusted Gross Income Limitation.--
(1) In general.--Subsection (h) of section 165 of the
Internal Revenue Code of 1986 is amended by redesignating
paragraphs (3) and (4) as paragraphs (4) and (5), respectively,
and by inserting after paragraph (2) the following new
paragraph:
``(3) Special rule for losses in federally declared
disasters.--
``(A) In general.--If an individual has a net
disaster loss for any taxable year, the amount
determined under paragraph (2)(A)(ii) shall be the sum
of--
``(i) such net disaster loss, and
``(ii) so much of the excess referred to in
the matter preceding clause (i) of paragraph
(2)(A) (reduced by the amount in clause (i) of
this subparagraph) as exceeds 10 percent of the
adjusted gross income of the individual.
``(B) Net disaster loss.--For purposes of
subparagraph (A), the term `net disaster loss' means
the excess of--
``(i) the personal casualty losses--
``(I) attributable to a federally
declared disaster, and
``(II) occurring in a disaster
area, over
``(ii) personal casualty gains.
``(C) Federally declared disaster.--For purposes of
this paragraph--
``(i) Federally declared disaster.--The
term `federally declared disaster' means any
disaster subsequently determined by the
President of the United States to warrant
assistance by the Federal Government under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
``(ii) Disaster area.--The term `disaster
area' means the area so determined to warrant
such assistance.''.
(2) Conforming amendments.--
(A) Section 165(h)(4)(B) (as so redesignated) is
amended by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)''.
(B) Section 165(i)(1) of such Code is amended by
striking ``loss'' and all that follows through ``Act''
and inserting ``loss occurring in a disaster area (as
defined by clause (ii) of subsection (h)(3)(C)) and
attributable to a federally declared disaster (as
defined by clause (i) of such subsection)''.
(C) Section 165(i)(4) of such Code is amended by
striking ``Presidentially declared disaster (as defined
by section 1033(h)(3))'' and inserting ``federally
declared disaster (as defined by subsection
(h)(3)(C)(i)''.
(D)(i) So much of subsection (h) of section 1033 of
such Code as precedes subparagraph (A) of paragraph (1)
thereof is amended to read as follows:
``(h) Special Rules for Property Damaged by Federally Declared
Disasters.--
``(1) Principal residences.--If the taxpayer's principal
residence or any of its contents is located in a disaster area
and is compulsorily or involuntarily converted as a result of a
federally declared disaster--''.
(ii) Paragraph (2) of section 1033(h) of such Code
is amended by striking ``investment'' and all that
follows through ``disaster'' and inserting ``investment
located in a disaster area and compulsorily or
involuntarily converted as a result of a federally
declared disaster''.
(iii) Paragraph (3) of section 1033(h) is amended
to read as follows:
``(3) Federally declared disaster; disaster area.--The
terms ``federally declared disaster'' and ``disaster area''
shall have the respective meaning given such terms by section
165(h)(3)(C).''.
(iv) Section 139(c)(2) of such Code is amended to
read as follows:
``(2) federally declared disaster (as defined by section
165(h)(3)(C)(i)),''.
(v) Subclause (II) of section 172(b)(1)(F)(ii) of
such Code is amended by striking ``Presidentially
declared disasters (as defined in section 1033(h)(3))''
and inserting ``federally declared disasters (as
defined by subsection (h)(3)(C)(i))''.
(vi) Subclause (III) of section 172(b)(1)(F)(ii) of
such Code is amended by striking ``Presidentially
declared disasters'' and inserting ``federally declared
disasters''.
(vii) Subsection (a) of section 7508A of such Code
is amended by striking ``Presidentially declared
disaster (as defined in section 1033(h)(3))'' and
inserting ``federally declared disaster (as defined by
section 165(h)(3)(C)(i))''.
(b) Increase in Standard Deduction by Disaster Casualty Loss.--
(1) In general.--Paragraph (1) of section 63(c) of such
Code (defining standard deduction) is amended by striking
``and'' at the end of subparagraph (B), by striking the period
at the end of subparagraph (C) and inserting ``, and'', and by
adding at the end the following new subparagraph:
``(D) the disaster loss deduction.''.
(2) Disaster loss deduction.--Subsection (c) of section 63
of such Code is amended by adding at the end the following new
paragraph:
``(8) Disaster loss deduction.--For the purposes of
paragraph (1), the term `disaster loss deduction' means the net
disaster loss (as defined in section 165(h)(3)(B)).''.
(3) Allowance in computing alternative minimum taxable
income.--Subparagraph (E) of section 56(b)(1) of such Code
(relating to standard deduction and deduction for personal
exemptions not allowed) is amended by adding at the end the
following new sentence: ``The preceding sentence shall not
apply to so much of the standard deduction as is determined
under section 63(c)(1)(D).''.
(c) Increase in Limitation on Individual Loss Per Casualty.--
Paragraph (1) of section 165(h) of such Code (relating to treatment of
casualty gains and losses) is amended by striking ``$100'' and
inserting ``$500''.
(d) Effective Dates.--
(1) Except as provided by paragraph (2), the amendments
made by this section shall apply to taxable years beginning
after December 31, 2007.
(2) The amendment made by subsection (c) shall apply to
taxable years beginning after December 31, 2008.
SEC. 3. EXPENSING OF QUALIFIED DISASTER EXPENSES.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section 198
the following new section:
``SEC. 198A. EXPENSING OF QUALIFIED DISASTER EXPENSES.
``(a) In General.--A taxpayer may elect to treat any qualified
disaster expenses which are paid or incurred by the taxpayer as an
expense which is not chargeable to capital account. Any expense which
is so treated shall be allowed as a deduction for the taxable year in
which it is paid or incurred.
``(b) Qualified Disaster Expense.--For purposes of this section,
the term `qualified disaster expense' means any expenditure--
``(1) which is paid or incurred in connection with a trade
or business or with business-related property,
``(2) which is--
``(A) for the abatement or control of hazardous
substances that were released on account of a federally
declared disaster,
``(B) for the removal of debris from, or the
demolition of structures on, real property which is
business-related property damaged or destroyed as a
result of a federally declared disaster, or
``(C) for the repair of business-related property
damaged as a result of a federally declared disaster,
and
``(3) is otherwise chargeable to capital account.
``(c) Other Definitions.--For purposes of this section--
``(1) Business-related property.--The term `business-
related property' means property--
``(A) held by the taxpayer for use in a trade or
business or for the production of income, or
``(B) described in section 1221(a)(1) in the hands
of the taxpayer.
``(2) Federally declared disaster.--The term `federally
declared disaster' has the meaning given such term by section
165(h)(3)(C)(i).
``(d) Deduction Recaptured as Ordinary Income on Sale, etc.--Solely
for purposes of section 1245, in the case of property to which a
qualified disaster expense would have been capitalized but for this
section--
``(1) the deduction allowed by this section for such
expense shall be treated as a deduction for depreciation, and
``(2) such property (if not otherwise section 1245
property) shall be treated as section 1245 property solely for
purposes of applying section 1245 to such deduction.
``(e) Coordination With Other Provisions.--Sections 198, 280B, and
468 shall not apply to amounts which are treated as expenses under this
section.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 198 the following new item:
``Sec. 198A. Expensing of Qualified Disaster Expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2007.
SEC. 4. NET OPERATING LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED
DISASTERS.
(a) In General.--Paragraph (1) of section 172(b) of the Internal
Revenue Code of 1986 (relating to years to which loss may be carried)
is amended by adding at the end the following new subparagraph:
``(J) Certain losses attributable to federally
declared disasters.--In the case of a taxpayer who has
a qualified disaster loss (as defined in subsection
(j)), such loss shall be a net operating loss carryback
to each of the 5 taxable years preceding the taxable
year of such loss.''.
(b) Qualified Disaster Loss.--Section 172 of such Code (relating to
net operating loss deduction) is amended by redesignating subsections
(j) and (k) as subsections (k) and (l), respectively, and by inserting
after subsection (i) the following new subsection:
``(j) Rules Relating to Qualified Disaster Losses.--For purposes of
this section--
``(1) In general.--The term `qualified disaster loss' means
the lesser of--
``(A) the sum of--
``(i) the losses allowable under section
165 for the taxable year--
``(I) attributable to a federally
declared disaster (as defined in
section 165(h)(3)(C)(i)), and
``(II) occurring in a disaster area
(as defined in section
165(h)(3)(C)(ii)), and
``(ii) the deduction for the taxable year
for qualified disaster expenses which is
allowable under section 198A(a) or which would
be so allowable if not otherwise treated as an
expense, or
``(B) the net operating loss for such taxable year.
``(2) Coordination with subsection (b)(2).--For purposes of
applying subsection (b)(2), a qualified disaster loss for any
taxable year shall be treated in a manner similar to the manner
in which a specified liability loss is treated.
``(3) Election.--Any taxpayer entitled to a 5-year
carryback under subsection (b)(1)(J) from any loss year may
elect to have the carryback period with respect to such loss
year determined without regard to subsection (b)(1)(J). Such
election shall be made in such manner as may be prescribed by
the Secretary and shall be made by the due date (including
extensions of time) for filing the taxpayer's return for the
taxable year of the net operating loss. Such election, once
made for any taxable year, shall be irrevocable for such
taxable year.''.
(c) Loss Deduction Allowed in Computing Alternative Minimum Taxable
Income.--Subsection (d) of section 56 of such Code (defining
alternative tax net operating loss deduction) is amended by adding at
the end the following new paragraph:
``(3) Net operating loss attributable to federally declared
disasters.--In the case of a taxpayer which has a qualified
disaster loss (as defined by section 172(b)(1)(J)) for the
taxable year, paragraph (1) shall be applied by increasing the
amount determined under subparagraph (A)(ii)(I) thereof by the
sum of the carrybacks and carryovers of such loss.''.
(d) Conforming Amendments.--
(1) Clause (ii) of section 172(b)(1)(F) of such Code is
amended by inserting ``or qualified disaster loss (as defined
in subsection (j))'' before the period at the end of the last
sentence.
(2) Paragraph (1) of section 172(i) of such Code is amended
by adding at the end the following new flush sentence:
``Such term shall not include any qualified disaster loss (as
defined in subsection (j)).''.
(e) Effective Date.--The amendments made by this section shall
apply to losses arising in taxable years beginning after December 31,
2007.
SEC. 5. WAIVER OF CERTAIN MORTGAGE REVENUE BOND REQUIREMENTS FOLLOWING
FEDERALLY DECLARED DISASTERS.
(a) In General.--Paragraph (11) of section 143(k) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(11) Special rules for federally declared disasters.--
``(A) Principal residence destroyed.--If the
principal residence (within the meaning of section 121)
of a taxpayer is--
``(i) rendered unsafe for use as a
residence by reason of a federally declared
disaster, or
``(ii) demolished or relocated by reason of
an order of the government of a State or
political subdivision thereof on account of a
federally declared disaster,
then for the 2-year period beginning on the date of the
disaster declaration, subsection (d)(1) shall not apply
with respect to such taxpayer and subsection (e) shall
be applied by substituting `110' for `90' in paragraph
(1) thereof.
``(B) Principle residence damaged.--
``(i) In general.--If the principal
residence (within the meaning of section 121)
of a taxpayer resulting from a federally
declared disaster was damaged, any owner-
financing provided in connection with the
repair or reconstruction of such residence
shall be treated as a qualified rehabilitation
loan.
``(ii) Limitation.--The aggregate owner-
financing to which clause (i) applies shall not
exceed the lesser of--
``(I) the cost of such repair or
reconstruction, or
``(II) $150,000.
``(C) Federally declared disaster.--For purposes of
this paragraph, the term `federally declared disaster'
has the meaning given such term by section
165(h)(3)(C)(i).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to disasters occurring after December 31, 2007. | Fair Disaster Tax Relief Act of 2008 - Amends the Internal Revenue Code to provide special tax rules for individuals affected by a federally declared disaster, including: (1) allowance of all personal casualty losses incurred in a federally declared disaster in excess of $500; (2) an increase in the standard tax deduction for disaster losses; (3) full expensing of business-related disaster cleanup expenses; (4) extension of the net operating loss carryback period from two to five years for disaster-related losses; and (5) allowance of tax-exempt bond financing of low-interest loans for principal residences damaged in a federally declared disaster. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide relief in the case of federally declared disasters."} | 3,736 | 134 | 0.533509 | 1.227073 | 0.612895 | 2.144 | 25.2 | 0.896 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The population of Asian American and Pacific Islanders
(in this section referred to as ``AAPI'') is an exceptionally
diverse population. Characteristics of the AAPI population vary
according to ethnicity, immigration patterns, historical
experiences, and social group issues.
(2) The diversity of the AAPI population includes
indigenous Pacific Islanders, well-established populations
represented in the United States for several generations, and
ethnic groups who may be recent immigrants or refugees, and
were forced to leave their home countries.
(3) The diversity of the population is reflected in the
Federal government's categories for Asian Americans and Pacific
Islanders. There are 17 ethnic groups considered to be Asian
and 4 ethnic groups considered to be Pacific Islander. Neither
definition reflects AAPI's who may identify as ``more than one
race''.
(4) The distinct cultural, linguistic, socioeconomic, and
historical experiences that affect educational attainment of
different AAPI sub-populations are often overlooked because
programs and policies are based on aggregated data and the
assumption that AAPI's are a monolithic group. The ``model
minority myth'' assumption adversely effects AAPI youth, who
are perceived as being academically successful and not in need
of outreach, academic support systems, or other support
services.
(5) The ``model minority myth'' and lack of disaggregated
data may prevent student services offices from conducting
intentional outreach efforts, such as through TRIO programs
including Upward Bound and Educational Talent Search, to AAPI
students, because they are perceived to not be in need of
support.
(6) Additionally, disaggregated data indicates that 25.0
percent of Vietnamese Americans, 63.6 percent for Hmong
Americans, 42.6 percent of Cambodian Americans, 34.7 percent
Laotian Americans, 17.7 percent of Pacific Islander live in
poverty. Such socioeconomic disparities within the community
are often overlooked, as only 12.6 percent of the total AAPI
population lives in poverty.
(7) While Asian Americans and Pacific Islanders overall
have the highest college graduation rates of any group (44
percent in 2000), certain subgroups have much lower rates of
degree attainment. Only 13.8 percent of Vietnamese Americans,
5.8 percent of Laotian Americans, 6.1 percent of Cambodian
Americans, and less than 5.1 percent of Hmong Americans had
college degrees. Only 13.8 percent of Pacific Islanders had
degrees.
(8) Certain segments of the AAPI population face numerous
barriers to accessing higher education and would benefit from
grants and opportunities similar to those that historically
Black colleges and universities, Hispanic-serving institutions,
Tribally Controlled Colleges and Universities, Alaska Native-
serving institutions, and Native Hawaiian-serving institutions
receive. The designation of AAPI-serving institution would help
institutions of higher education expand their capacity to
identify and assist underserved AAPI students.
SEC. 2. ASSISTANCE TO ASIAN AMERICAN AND PACIFIC ISLANDER-SERVING
INSTITUTIONS.
(a) Amendment.--Part A of title III of the Higher Education Act of
1965 is amended by inserting after section 317 (20 U.S.C. 1059d) the
following new section:
``SEC. 318. ASIAN AMERICAN AND PACIFIC ISLANDER-SERVING INSTITUTIONS.
``(a) Program Authorized.--The Secretary shall provide grants and
related assistance to Asian American and Pacific Islander-serving
institutions to enable such institutions to improve and expand their
capacity to serve Asian Americans and Pacific Islanders.
``(b) Definitions.--For the purpose of this section--
``(1) the term `Asian American' has the meaning given the
term Asian in the Office of Management and Budget's Standards
for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity as published on October 30, 1997 (62 Fed.
Reg. 58789);
``(2) the term `Pacific Islander' has the meaning given the
term `Native Hawaiian' or `Other Pacific Islander' in such
Standards for Maintaining, Collecting, and Presenting Federal
Data on Race and Ethnicity;
``(3) the term `Asian American and Pacific Islander-serving
institution' means an institution of higher education that--
``(A) is an eligible institution under section
312(b); and
``(B) at the time of application, has an enrollment
of undergraduate students that is at least 10 percent
Asian American and Pacific Islander students; and
``(4) the term `low-income individual' means an individual
from a family whose taxable income for the preceding year did
not exceed 150 percent of an amount equal to the poverty level
determined by using criteria of poverty established by the
Bureau of the Census.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Asian American and Pacific
Islander-serving institutions to assist such institutions to
plan, develop, undertake, and carry out activities to improve
and expand such institutions' capacity to serve Asian Americans
and Pacific Islanders.
``(2) Examples of authorized activities.--Such programs may
include--
``(A) purchase, rental, or lease of scientific or
laboratory equipment for educational purposes,
including instructional and research purposes;
``(B) renovation and improvement in classroom,
library, laboratory, and other instructional
facilities;
``(C) support of faculty exchanges, and faculty
development and faculty fellowships to assist in
attaining advanced degrees in the faculty's field of
instruction;
``(D) curriculum development and academic
instruction;
``(E) purchase of library books, periodicals,
microfilm, and other educational materials;
``(F) funds and administrative management, and
acquisition of equipment for use in strengthening funds
management;
``(G) joint use of facilities such as laboratories
and libraries;
``(H) academic tutoring and counseling programs and
student support services;
``(I) establishing community outreach programs that
will encourage elementary school and secondary school
students to develop the academic skills and the
interest to pursue post-secondary education;
``(J) establishing or improving an endowment fund;
``(K) academic instruction in disciplines in which
Asian Americans and Pacific Islanders are under-
represented;
``(L) conducting research and data collection for
Asian American and Pacific Islander populations and
sub-populations; and
``(M) establishing partnerships with community
based organizations serving Asian Americans and Pacific
Islanders.
``(d) Application Process.--
``(1) Institutional eligibility.--Each Asian American and
Pacific Islander-serving institution desiring to receive
assistance under this section shall submit to the Secretary
such enrollment data as may be necessary to demonstrate that
the institution is an Asian American and Pacific Islander-
serving institution as defined in subsection (b), along with
such other information and data as the Secretary may by
regulation require.
``(2) Applications.--Any institution which is determined by
the Secretary to be an Asian American and Pacific Islander-
serving institution may submit an application for assistance
under this section to the Secretary. Such application shall
include--
``(A) a 5-year plan for improving the assistance
provided by the Asian American and Pacific Islander-
serving institution to Asian American and Pacific
Islander students; and
``(B) such other information and assurance as the
Secretary may require.
``(3) Special rules.--
``(A) Eligibility.--No Asian American and Pacific
Islander-serving institution that receives funds under
this section shall concurrently receive funds under
other provisions of this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under
this section.
``(C) Distribution.--In awarding grants under this
section, the Secretary shall--
``(i) to the extent possible and consistent
with the competitive process under which such
grants are awarded, ensure maximum and
equitable distribution among all eligible
institutions; and
``(ii) give priority consideration to
institutions that serve a significant
percentage of Asian American and Pacific
Islander students who are low-income
individuals.''.
(b) Authorization of Appropriations.--Section 399(a)(1) of such Act
(20 U.S.C. 1068h(a)(1)) is amended by adding at the end the following
new subparagraph:
``(D) There are authorized to be appropriated to
carry out section 318, $30,000,000 for fiscal year 2008
and such sums as may be necessary for each of the 4
succeeding fiscal years.''. | Amends the Higher Education Act of 1965 to direct the Secretary of Education to provide grants and related assistance to certain institutions of higher education that have an undergraduate enrollment that is at least 10% Asian American or Pacific Islander, for activities to improve their capacity to serve such students.
Requires applicants for such assistance to submit a five-year plan for improving the assistance they provide to such students.
Gives priority to eligible institutions that serve a significant percentage of low-income Asian American and Pacific Islander students. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to authorize grants for institutions of higher education serving Asian Americans and Pacific Islanders."} | 1,892 | 106 | 0.374126 | 1.018731 | 0.315413 | 2.928571 | 17.938776 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Library Trust Fund
Act''.
SEC. 2. UNITED STATES LIBRARY TRUST FUND.
(a) Designation of Overpayments and Contributions for United States
Library Trust Fund.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR UNITED
STATES LIBRARY TRUST FUND
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, with respect to
each return of the taxpayer for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that--
``(1) $1 of any overpayment of tax for such taxable year,
and
``(2) any cash contribution which the taxpayer includes
with such return,
shall be paid over to the United States Library Trust Fund in
accordance with the provisions of section 9511. In the case of a joint
return with respect to which an overpayment of $2 or more is due, each
spouse may designate that $1 shall be paid to such trust fund.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that such designation shall be made
either on the first page of the return or on the page bearing the
taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as being refunded to the taxpayer as of the last
date prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions).''
(b) Creation of Trust Fund.--Subchapter A of chapter 98 of such
Code is amended by adding at the end the following new section:
``SEC. 9511. UNITED STATES LIBRARY TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `United States
Library Trust Fund', consisting of such amounts as may be credited or
paid to such trust fund as provided in section 6097.
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the United States Library Trust Fund amounts equivalent to--
``(1) the amounts of the overpayments of tax to which
designations under section 6097 apply, and
``(2) the amounts of contributions made under such section
to such trust fund.
``(c) Expenditures From Trust Fund.--Amounts in the United States
Library Trust Fund shall be available, as provided in appropriation
Acts, only for purposes of making expenditures to carry out section 3
of the United States Library Trust Fund Act.''
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``Part IX. Designation of overpayments
and contributions for United
States Library Trust Fund.''
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9511. United States Library Trust
Fund.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. GRANTS TO LIBRARIES.
(a) Eligibility of Public Libraries and Public School Libraries.--A
public library or public school library is eligible to receive a grant
under this section from the United States Library Trust Fund
established pursuant to section 9511 of the Internal Revenue Code of
1986 for any fiscal year by submitting an application to the Office of
Library Services that includes--
(1) certification that the library does not have the
financial resources available to purchase new books or
collections;
(2) assurances that funds received under this section will
be used only to purchase materials for the library;
(3) assurances that funds received under this section will
be used to supplement, not supplant, other funds received by
such library; and
(4) an agreement to make available any financial records
that the Office of Library Services may need for audit
purposes.
(b) Grant Selection.--The Office of Library Services shall select
the number of grant awards made under this section and the amount of
each such award based upon economic need in accordance with regulations
published by the Office. | United States Library Trust Fund Act - Amends the Internal Revenue Code to: (1) establish in the Treasury the United States Library Trust Fund; and (2) permit a taxpayer to designate one dollar of any tax overpayment of tax and any cash contribution which the taxpayer includes with a return to such Fund. Provides for grants from such fund to public libraries and public school libraries. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for designation of overpayments and contributions to the United States Library Trust Fund, and for other purposes."} | 1,124 | 79 | 0.568152 | 1.347928 | 0.706136 | 3.202703 | 13.878378 | 0.905405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``General Accounting Office Reform and
Reorganization Act of 1993''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that in conducting evaluations
and preparing reports pursuant to an order or request of the Congress,
the General Accounting Office performs its functions in an impartial,
complete, and timely manner.
SEC. 3. REVIEW AND APPROVAL OF GENERAL ACCOUNTING OFFICE INVESTIGATIONS
AND REPORTS.
(a) In General.--Subchapter II of chapter 7 of title 31, United
States Code, is amended--
(1) by redesignating section 720 as section 721; and
(2) by inserting after section 719 the following new
section:
``Sec. 720. Review, approval, and conduct of investigations,
evaluations, assessments, and reports requested by
Congress
``(a) Notwithstanding any other provision of law, the Comptroller
General may not make a report pursuant to a request of a Member or
committee of the Congress, unless--
``(1) the Oversight Board approves in accordance with this
section a methodology for preparing the report; and
``(2) the report is prepared in accordance with the
methodology as approved by the Oversight Board.
``(b) Upon receiving a request from a committee of the Congress for
a report, the Comptroller General shall notify the ranking minority
member of that committee that the request has been received.
``(c) A Member of Congress who requests that the Comptroller
General make a report, the staff of the Member, and a Member and the
staff of a committee of the Congress that requests that the Comptroller
General make a report, may not advise, consult, confer, or otherwise
communicate with the Comptroller General or any personnel of the
General Accounting Office regarding the report until after the date on
which the final report is issued.
``(d) The Comptroller General may not issue any final report
pursuant to a request of a Member or committee of Congress unless the
final report is approved--
``(1) by the subcommittee under subsection (h)(3) that has
responsibility for the subject area of the report; and
``(2) after approval under subparagraph (A), by the
Oversight Board.
``(e)(1) Any Member of Congress may submit to the Oversight Board
comments challenging the findings or recommendations of any final
report issued by the Comptroller General.
``(2) Upon receipt of comments under paragraph (1), the Oversight
Board may--
``(A) refer the comments to the Comptroller General for
further investigation; or
``(B) refer the final report and comments to an outside
entity (including a college or university) for peer review of
the findings of the report and the data used.
``(f)(1) Except as provided in paragraph (2), there shall be
printed in the Congressional Record--
``(A) on a quarterly basis, a list of the names of all
Members of Congress who requested, in the quarter covered by
the list, that the Comptroller General make any report; and
``(B) by not later than 90 days after the last day of each
session of the Congress, a brief summary of the status and
results of each investigation conducted by the General
Accounting Office in that session.
``(2) Paragraph (1) shall not apply to requests by Members of
Congress for a report dealing with a national security issue.
``(g)(1) No hearing may be held by a committee or subcommittee of
the Congress regarding a report by the General Accounting Office before
the end of the 7-day period beginning on the date of the release of the
final report.
``(2) Before the 7-day period ending on the date on which a person
is required to testify to a committee or subcommittee of the Congress
regarding an investigation conducted by the General Accounting Office,
the Chairman of the committee or subcommittee shall provide to the
person a copy of the final report of the General Accounting Office
relating to the investigation.
``(h)(1) There is established the General Accounting Office
Oversight Board. The Oversight Board shall review in accordance with
this section requests by Members and committees of the Congress for the
performance of investigations by the Comptroller General.
``(2) The Oversight Board shall be comprised of 21 members
appointed as follows:
``(A) 5 Members of the House of Representatives appointed
by the Speaker of the House of Representatives.
``(B) 5 Members of the House of Representatives appointed
by the minority leader of the House of Representatives.
``(C) 5 Members of the Senate appointed by the majority
leader of the Senate.
``(D) 5 Members of the Senate appointed by the minority
leader of the Senate.
``(E) The Comptroller General, who shall be a nonvoting
member.
``(3)(A) The Oversight Board shall have a subcommittee for each
division in the General Accounting Office, and each subcommittee shall
be responsible for the subject area of that division.
``(B) Each subcommittee shall consist of 9 members of the Oversight
Board, of whom--
``(i) 2 shall be members of the Oversight Board appointed
by each of the officials referred to in paragraph (2)(A)
through (D); and
``(ii) one shall be the Comptroller General, who shall be a
nonvoting member.
``(C) Each subcommittee shall select a chairman and a vice chairman
from among its members. No member of the Oversight Board may serve as
chairman or vice chairman of more than one subcommittee. No member of
the Oversight Board may serve on more than 2 subcommittees at any time
unless granted a waiver by the Oversight Board.
``(4) A vacancy in the membership of the Oversight Board shall not
affect the power of the remaining members to execute the functions of
the Oversight Board and shall be filled in the same manner as in the
case of the original appointment.
``(5) The Oversight Board shall select a chairman and a vice
chairman from among its members at the beginning of each Congress. The
vice chairman shall act in the place of the chairman in the absence of
the chairman. The chairmanship and vice chairmanship shall alternate
between the Senate and the House of Representatives with each Congress.
The chairman during each even-numbered Congress shall be selected by
the members of the House of Representatives on the Oversight Board,
from among those members. The chairman during each odd-numbered
Congress shall be selected by the members of the Senate on the
Oversight Board, from among those members. The vice chairman during
each Congress shall be selected by the members on the Oversight Board
who are members of the House of Congress of which the chairman for that
Congress is not a Member.
``(i) In this section, the term `report' includes an investigation,
evaluation, assessment, or report, including one under section 712(4)
or (5) or section 717.''.
(b) Initial Subcommittees.--
(1) Number.--The General Accounting Office Oversight Board
established by section 720 of title 31, United States Code, as
amended by this Act, shall have 7 subcommittees until such time
as there is a different number of divisions in the General
Accounting Office.
(2) Subject areas.--Each subcommittee of the General
Accounting Office Oversight Board shall be responsible for one
of the following subject areas, until such time as there is any
change in the subject areas of the divisions of the General
Accounting Office and the Oversight Board alters the subject
areas of the subcommittee to coincide with that change:
(A) Accounting and financial management.
(B) General government.
(C) Human resources.
(D) Information management and technology.
(E) National security and international affairs.
(F) Program evaluation and methodology.
(G) Resources, community, and economic development.
(c) Oversight Board Defined.--Section 701 of title 31, United
States Code, is amended by adding at the end the following:
``(3) `Oversight Board' means the General Accounting Office
Oversight Board established by section 720.''.
(d) Clerical Amendment.--Title 31, United States Code, is amended
in the table of sections at the beginning of chapter 7 by striking the
item relating to section 720 and inserting the following:
``720. Review, approval, and conduct of investigations, evaluations,
assessments, and reports requested by
Congress.
``721. Agency reports.''.
SEC. 4. GAO DETAILEES AND ASSIGNEES.
Section 734 of title 31, United States Code, is amended--
(1) by inserting ``(a)'' before ``The Comptroller''; and
(2) by adding at the end the following:
``(b) The Comptroller General may not detail or assign an officer
or employee of the General Accounting Office to a committee of the
Congress--
``(1) more than twice in any Congress; or
``(2) for a period longer than 3 months.
``(c) Notwithstanding any other provision of this title, the
Comptroller General may not make any investigation, evaluation,
assessment, or report pursuant to a request from a committee of the
Congress or the Chairman of a committee of the Congress if an officer
or employee of the General Accounting Office was detailed or assigned
to the committee in the 3-month period ending on the date of the
submittal of the request.''. | General Accounting Office Reform and Reorganization Act of 1993 - Amends Federal law to provide for the establishment of the General Accounting Office Oversight Board (Board) to review any congressional request for a General Accounting Office (GAO) report and approve a methodology for preparing it.
Prohibits outside contact with GAO by the requesting Member of Congress and congressional staff regarding the report once the request for it has been approved.
Requires the Comptroller General, upon receiving a request from a congressional committee for a GAO report, to notify the ranking minority member of such committee that the request has been received.
Prohibits the Comptroller General from issuing any GAO report until such report has cleared the oversight process established by this Act.
Allows Members to submit to the Board comments challenging a GAO report. Permits the Board to refer such comments to the Comptroller General or an outside entity for further consideration.
Sets forth requirements for congressional committee hearings regarding GAO reports.
Prohibits the Comptroller General from: (1) detailing or assigning a GAO officer or employee to a congressional committee more than twice in any Congress or for a period longer than three months; or (2) making any investigation or report pursuant to a request from a congressional committee if such officer or employee was detailed or assigned to the committee in the three month period ending on the date of the request's submission. | {"src": "billsum_train", "title": "General Accounting Office Reform and Reorganization Act of 1993"} | 2,161 | 315 | 0.637784 | 1.778592 | 0.859967 | 2.749049 | 7.608365 | 0.878327 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``People's Act of
2011''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. No Social Security or SSI cuts.
Sec. 3. No Medicare cuts.
Sec. 4. No Medicaid cuts.
Sec. 5. No education cuts.
SEC. 2. NO SOCIAL SECURITY OR SSI CUTS.
(a) In General.--Title IV of the Budget Control Act of 2011 is
amended by adding at the end the following new section:
``SEC. 405. NO SOCIAL SECURITY OR SSI CUTS.
``(a) In General.--The joint committee shall not include in its
proposed legislative language submitted pursuant to section
401(b)(3)(B)(iv) any provision that--
``(1) reduces eligibility, payments, or benefits, or
otherwise reduces outlays, under title II of the Social
Security Act (42 U.S.C. 401 et seq.) (including eligibility,
payments, benefits, or outlays with respect to annuities under
subsection (a), (c), or (d) of section 2 of the Railroad
Retirement Act of 1974 (45 U.S.C. 231a(a), (c), (d)) or lump
sum payments under section 6(b) of such Act (45 U.S.C.
231e(b))); or
``(2) reduces eligibility, payments, or benefits, or
otherwise reduces outlays, under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.).
``(b) No Application of Expedited Procedures.--If the joint
committee bill includes a provision that violates subsection (a), the
expedited procedures in section 402 shall not apply to such bill.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 404
the following new item:
``405. No Social Security or SSI cuts.''.
SEC. 3. NO MEDICARE CUTS.
(a) No Cuts Through Legislative Language of the Joint Select
Committee.--
(1) In general.--Title IV of the Budget Control Act of
2011, as amended by section 2(a), is amended by adding at the
end the following new section:
``SEC. 406. NO MEDICARE CUTS.
``(a) In General.--The joint committee shall not include in its
proposed legislative language submitted pursuant to section
401(b)(3)(B)(iv) any provision that reduces eligibility, payments, or
benefits, increases premiums or other cost-sharing, or otherwise
reduces outlays under the Medicare program under title XVIII of the
Social Security Act.
``(b) No Application of Expedited Procedures.--If the joint
committee bill includes a provision that violates subsection (a), the
expedited procedures in section 402 shall not apply to such bill.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act, as amended by section 2(b), is amended by
inserting after the item relating to section 405 the following
new item:
``Sec. 406. No Medicare cuts.''.
(b) No Cuts Through Fallback Sequestration Process.--Section
251A(8) of the Balanced Budget and Emergency Deficit Control Act of
1985, as inserted by section 302(a) of the Budget Control Act of 2011,
is amended by striking ``except that the percentage reduction for the
Medicare programs specified in section 256(d) shall not be more than 2
percent for a fiscal year'' and inserting ``except that there shall be
no percentage reduction for the Medicare programs specified in section
256(d) for any fiscal year and in no case shall there be a reduction
under such programs pursuant to a sequestration under section
3101A(f)(6) of title 31, United States Code''.
SEC. 4. NO MEDICAID CUTS.
(a) In General.--Title IV of the Budget Control Act of 2011, as
amended by sections 2(a) and 3(a)(1), is amended by adding at the end
the following new section:
``SEC. 407. NO MEDICAID CUTS.
``(a) In General.--The joint committee shall not include in its
proposed legislative language submitted pursuant to section
401(b)(3)(B)(iv) any provision that reduces eligibility, payments, or
benefits, increases premiums or other cost-sharing, or otherwise
reduces outlays under the Medicaid program under title XIX of the
Social Security Act.
``(b) No Application of Expedited Procedures.--If the joint
committee bill includes a provision that violates subsection (a), the
expedited procedures in section 402 shall not apply to such bill.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 406
the following:
``Sec. 407. No Medicaid cuts.''.
SEC. 5. NO EDUCATION CUTS.
(a) No Cuts Through Legislative Language of the Joint Select
Committee.--
(1) In general.--Title IV of the Budget Control Act of
2011, as amended by sections 2(a), 3(a)(1), and (4)(a), is
amended by adding at the end the following new section:
``SEC. 408. NO EDUCATION CUTS.
``(a) In General.--The joint committee shall not include in its
proposed legislative language submitted pursuant to section
401(b)(3)(B)(iv) any provision that reduces eligibility, payments, or
benefits, or otherwise reduces outlays or budget authority under--
``(1) the Head Start Act (42 U.S.C. 9801 et seq.); or
``(2) any program administered by the Secretary of
Education, including any program under--
``(A) the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.);
``(B) the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.);
``(C) the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.); or
``(D) the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.).
``(b) No Application of Expedited Procedures.--If the joint
committee bill includes a provision that violates subsection (a), the
expedited procedures in section 402 shall not apply to such bill.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act, as amended by sections 2(b), 3(a)(2), and
4(b), is amended by inserting after the item relating to
section 407 the following new item:
``Sec. 408. No education cuts.''.
(b) No Cuts Through Fallback Sequestration Process.--Section 251A
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
inserted by section 302(a) of the Budget Control Act of 2011, is
amended by adding at the end the following new paragraph:
``(12) No cuts for education.--Notwithstanding any other
provision of law, no sequestration order issued under this
section or section 3101A of title 31, United States Code, or
discretionary spending limit made under this section shall
reduce eligibility, payments, or benefits under any Act or
program referred to in section 405(a) of the Budget Control Act
of 2011.''. | People's Act of 2011 - Amends the Budget Control Act of 2011 to prohibit the Joint Select Committee on Deficit Reduction from proposing any reductions in eligibility, payments, or benefits, or that would otherwise reduce outlays of budget authority for: (1) Social Security benefits under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act (SSA) or under SSA title XVI (Supplemental Security Income) (SSI); (2) the Medicare program under SSA title XVIII; (3) the Medicaid program under SSA title XIX; or (4) the Head Start Act or any program administered by the Secretary of Education, including any program under the Elementary and Secondary Education Act of 1965, the Individuals with Disabilities Education Act, the Higher Education Act of 1965, or the Rehabilitation Act of 1973. | {"src": "billsum_train", "title": "To amend title IV of the Budget Control Act of 2011 to protect the Social Security, SSI, Medicare, Medicaid, and education programs from budget cuts under such Act."} | 1,814 | 190 | 0.559486 | 1.523052 | 0.748474 | 3.067485 | 9.153374 | 0.883436 |
TITLE I--REPEAL OF TAX INCREASE ON SOCIAL SECURITY BENEFITS
SEC. 101. REPEAL OF TAX INCREASE ON SOCIAL SECURITY BENEFITS.
Section 13215 of the Revenue Reconciliation Act of 1993 is hereby
repealed, and the Internal Revenue Code of 1986 shall be applied and
administered as if such section (and the amendments made thereby) had
not been enacted.
TITLE II--REDUCTIONS IN SPENDING
SEC. 201. TERMINATION OF SPACE STATION.
The Administrator of the National Aeronautics and Space
Administration shall terminate the Space Station Freedom program. After
the date of enactment of this Act, no funds may be obligated for such
program except as necessary to meet required contract termination
costs.
SEC. 202. TERMINATION OF PROCUREMENT OF F-16 AIRCRAFT.
The Secretary of Defense shall terminate procurement of new
production F-16 aircraft for the Air Force. After the date of the
enactment of this Act, no funds may be obligated for production of such
aircraft except as necessary to meet required contract termination
costs. The Secretary shall carry out this section so as to achieve
savings in defense budgets during the period of fiscal year 1994
through fiscal year 1998 of not less than $1,700,000,000.
SEC. 203. DELAY IN PROCUREMENT OF F-22 AIRCRAFT.
The Secretary of Defense shall extend current procurement schedules
for procurement under the F-22 aircraft program of the Air Force so as
to achieve savings in defense budgets during the period of fiscal year
1994 through fiscal year 1998 of not less than $2,200,000,000.
SEC. 204. REDUCTION IN ATTACK SUBMARINE FORCE.
The Secretary of Defense shall, not later than the end of fiscal
year 1998, reduce the number of attack submarines in active Navy forces
to not more than 40. The Secretary shall carry out this section so as
to achieve savings in defense budgets during the period of fiscal year
1994 through fiscal year 1998 of not less than $2,900,000,000.
SEC. 205. REDUCTION IN BALLISTIC MISSILE SUBMARINE FORCE.
(a) Termination of Production of D-5 Missile.--The Secretary of
Defense shall terminate procurement of Trident II (D-5) sea-launched
ballistic missiles for the Navy. After the date of the enactment of
this Act, no funds may be obligated for procurement of such missiles
except as necessary to meet required contract termination costs.
(b) Reduction in Submarine Force.--The Secretary of Defense shall,
not later than the end of fiscal year 1998, reduce the number of
Trident ballistic missile submarines in active Navy forces to not more
than 14.
(c) Savings.--The Secretary shall carry out this section so as to
achieve savings in defense budgets during the period of fiscal year
1994 through fiscal year 1998 of not less than $5,300,000,000.
SEC. 206. DELAY IN PROCUREMENT OF TRISERVICE STAND-OFF ATTACK MISSILE.
The Secretary of Defense shall delay procurement of the Tri-Service
Stand-Off Attack Missile for five years and shall, during the period of
fiscal year 1994 through fiscal year 1998, continue research,
development, test, and evaluation for that missile at the fiscal year
1993 level so as to achieve savings in defense budgets during that
period of not less than $1,400,000,000.
SEC. 207. ELIMINATION OF HONEY PRICE SUPPORT PROGRAM.
(a) In General.--Sections 207 and 405A of the Agricultural Act of
1949 (7 U.S.C. 1446h and 1425a, respectively) are repealed.
(b) Payment Limitations.--Section 1001(2) of the Food Security Act
of 1985 (7 U.S.C. 1308(2)) is amended--
(1) in subparagraph (B)(iii), by striking ``(other than
honey)''; and
(2) by striking subparagraph (C).
(c) Designated Nonbasic Agricultural Commodities.--Section 201(a)
of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by
striking ``honey,''.
(d) Other Nonbasic Agricultural Commodities.--Section 301 of the
Agricultural Act of 1949 (7 U.S.C. 1447) is amended by inserting after
``nonbasic agricultural commodity'' the following: ``(other than
honey)''.
(e) Definitions.--Section 408(k) of the Agricultural Act of 1949 (7
U.S.C. 1428(k)) is amended by striking ``honey,'' each place it
appears.
(f) Powers of Commodity Credit Corporation.--Section 5(a) of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended
by inserting after ``agricultural commodities'' the following: ``(other
than honey)''.
(g) Transition.--The amendments made by this section shall not
affect the liability of any person under any provision of law as in
effect before the application of the amendments in accordance with
subsection (d).
(h) Application of Amendments.--The amendments made by this section
shall apply beginning with the crop year that begins after the date of
enactment of this Act.
SEC. 208. ELIMINATION OF BELOW-COST TIMBER SALES.
(a) Rules Required.--Not later than six months after the date of
the enactment of this Act, the Secretary of Agriculture shall issue
rules relating to the conditions under which the Forest Service may
approve of sales of trees, portions of trees, or forest products from
National Forest System lands.
(b) Content of Rules.--The rules required under subsection (a)
shall--
(1) require that after the end of the one-year period
beginning on the date of the enactment of this Act, the total
cost to the United States of carrying out each timber sale
described in subsection (a) (including the advertising,
planning, review, approval, and monitoring costs attributable
to the sale and road building costs incurred for the sale) is
not greater than the amount paid to the United States Service
for the sale; and
(2) establish a procedure to phase in the application of
such requirement during that period.
(c) Phase-In Period.--The rules required under subsection (a) shall
provide that, during the phase-in period, the Forest Service in
determining whether to approve a below-cost timber sale shall give
priority to those below-cost timber sales that would have the least
adverse environmental effects.
SEC. 209. FEES CHARGED FOR GRAZING ON PUBLIC LANDS.
(a) Increase to Fair Market Value.--Notwithstanding any other
provision of law, the Secretary of Agriculture, with respect to
National Forest lands in the 16 contiguous western States (except
National Grasslands) administered by the United States Forest Service
where domestic livestock grazing is permitted under applicable law, and
the Secretary of the Interior with respect to public domain lands
administered by the Bureau of Land Management where domestic livestock
grazing is permitted under applicable law, shall increase domestic
livestock grazing fees beginning with the grazing season which
commences on March 1, 1994, so that for the grazing season commencing
on March 1, 1998, and thereafter such fees are equal to fair market
value, as determined by the Secretary concerned.
(b) Annual Cap on Fee Changes.--The fee for grazing charged for any
given year under this section may not increase or decrease by more than
33.3 percent from the previous year's grazing fee.
SEC. 210. ROYALTY ON HARDROCK MINERALS.
(a) Reservation of Royalty.--Production of locatable minerals from
a claim located on lands open to mineral entry under the Mining Law of
1872 shall be subject to an annual royalty of not less than 8 percent
of the gross income from such production.
(b) Payment of Royalty.--Royalty payments shall be made according
to regulations established by the Secretary of the Interior. The
Secretary of the Interior may require to be filed with the royalty
payment a copy of the parts of the tax return filed with the Internal
Revenue Service determined by the Secretary of the Interior to be
applicable to determining gross income. The Commissioner of the
Internal Revenue Service shall cooperate with the Secretary of the
Interior to verify the information submitted with such royalty payment.
(c) Failure To Pay.--(1) Upon failure to pay the royalty required
by this section, the claim shall be deemed conclusively to be abandoned
and shall be null and void by operation of law.
(2) The claimant shall be prohibited from locating a new claim on
the lands included in such abandoned claim for one year from the date
such claim is deemed abandoned and null and void by operation of law.
(d) Effective Date.--This section shall take effect on the date of
enactment in the case of any claim described in subsection (a) which is
located after the date of enactment of this Act. In the case of any
claim located on or before such date of enactment, this section shall
take effect on the later of October 1 of 1993 or such date of
enactment.
(e) Definitions.--As used in this section--
(1) The term ``locatable minerals'' means any mineral not
subject to disposition under--
(A) the Mineral Leasing Act (30 U.S.C. 181 et
seq.);
(B) the Geothermal Steam Act of 1970 (30 U.S.C.
1000 et seq.); or
(C) the Act of July 31, 1947 (30 U.S. 601 et seq.),
as amended by this Act.
(2) The term ``gross income'' means ``gross income from the
property'' as defined in section 613(c)(1) of the Internal
Revenue Code and in regulations promulgated by the Treasury
Department pursuant to section 613(c)(1) of the Internal
Revenue Code. Any amendments or revisions of section 613(c)(1)
of the Internal Revenue Code or of regulations promulgated by
the Treasury Department pursuant to section 613(c)(1) of the
Internal Revenue Code, shall be deemed applicable to the
definition of ``gross income'' as used in this section.
(3) The term ``Mining Law of 1872'' means the general
mining laws of the United States which generally comprise
chapters 2, 12A, and 16, and sections 161 and 162 of title 30,
United States Code. | TABLE OF CONTENTS:
Title I: Repeal of Tax Increase on Social Security Benefits
Title II: Reductions in Spending
Title I: Repeal of Tax Increase on Social Security Benefits
- Repeals the tax increase on social security benefits made under the Revenue Reconciliation Act of 1993.
Title II: Reductions in Spending
- Directs the Administrator of the National Aeronautics and Space Administration to terminate the Space Station Freedom program.
Directs the Secretary of Defense to: (1) terminate the procurement of new production F-16 aircraft; (2) extend current procurement schedules for procurement of the F-22 aircraft; (3) reduce the number of attack submarines by the end of FY 1998; (4) terminate procurement of Trident II (D-5) sea-launched ballistic missiles and reduce the number of Trident ballistic missile submarines; and (5) delay procurement of the Tri-Service Stand-Off Attack Missile but continue research, development, test, and evaluation at the FY 1993 level.
Amends the Agricultural Act of 1949 to eliminate the honey price support program.
Directs the Secretary of Agriculture to issue rules to eliminate below-cost timber sales.
Provides for increasing fees charged for grazing on public lands to fair market value.
Subjects production of locatable minerals from a claim located on lands open to mineral entry under the Mining Law of 1872 to an annual royalty of at least eight percent of the gross income from production. Voids claims for failures to pay royalties and prohibits a claimant from locating a new claim on lands included in the abandoned claim for one year. | {"src": "billsum_train", "title": "To repeal the tax increase on social security benefits and to reduce Federal spending as necessary to offset such repeal."} | 2,399 | 346 | 0.602466 | 1.939783 | 0.679536 | 4.256494 | 6.516234 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science Over Politics Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Emergency contraceptive pills (``ECPs'') are approved
for use by the Food and Drug Administration (``FDA'').
(2) Emergency contraceptive pills are a concentrated dosage
of ordinary birth control pills that can dramatically reduce a
woman's chance of becoming pregnant.
(3) If ECPs are taken within 72 hours of contraceptive
failure or unprotected sex, ECPs can reduce a woman's risk of
pregnancy by up to 89 percent.
(4) Emergency contraceptive pills do not cause abortion but
rather prevent pregnancy by inhibiting ovulation,
fertilization, or implantation before a pregnancy occurs.
(5) Emergency contraception cannot interrupt or disrupt an
established pregnancy.
(6) Increased use of ECPs could reduce the number of
unintended pregnancies and abortions by half.
(7) A 2002 study revealed that ECP use was likely
responsible for up to 43 percent of the decline in abortions
between 1994 and 2000, with ECP use preventing over 50,000
abortions in 2000 alone.
(8) Over-the-counter sales of ECPs would be particularly
beneficial for sexual assault victims as approximately 25,000
women per year in the United States become pregnant as a result
of rape. An estimated 22,000 of these pregnancies, 88 percent,
could be prevented if sexual assault victims had timely access
to emergency contraception.
(9) More than 70 organizations, including the American
Nurses Association, the American College of Obstetricians and
Gynecologists, the American Academy of Pediatrics, the American
Medical Association, the American Public Health Association,
and the Association of Reproductive Health Professionals,
support over-the-counter access to ECPs.
(10) On April 21, 2003, product manufacturers Women's
Capital Corporation submitted an application to the Food and
Drug Administration requesting to switch the emergency
contraceptive Plan B from prescription-only to over-the-counter
(``OTC'') status.
(11) ECPs meet all the customary FDA criteria for over-the-
counter status in that they are safe and effective, are not
associated with any serious or harmful side-effects, are easily
self-administered, and require no need for medical supervision.
Moreover, ECPs are not harmful to an existing pregnancy and
their use does not lead to riskier behavior or less frequent
use of other forms of contraception, has no potential for
overdose or addiction, is not harmful to an existing pregnancy,
is easily self-administered, and requires no need for medical
screening.
(12) FDA staff and experts appointed to the advisory
committees considered volumes of evidence showing that making
Plan B available over-the-counter was safe and effective for
women of all reproductive age.
(13) On December 16, 2003, a joint panel of the FDA's
Reproductive Health Drugs Advisory Committee and Non-
Prescription Drugs Advisory Committee voted 28-0 that Plan B
could be safely sold as an over-the-counter medication.
(14) On December 16, 2003, a joint panel of the FDA's
Reproductive Health Drugs Advisory Committee and Non-
prescription Drugs Advisory Committee voted 23-4 to recommend
that the FDA approve the application to make Plan B available
over-the-counter for women of all ages.
(15) The FDA's rejection of over-the-counter status for
Plan B on May 6, 2004, directly contradicted the overwhelming
weight of scientific evidence.
(16) The limited options offered by the FDA for future
consideration of over-the-counter sale of Plan B are not
warranted by the volumes of existing evidence and run counter
to the advice of the FDA's independent experts, staff, and
precedent.
(17) Evidence suggests that the FDA's decision resulted
from an unprecedented political takeover of what is supposed to
be an independent scientific review.
SEC. 3. FDA DENIAL OF OTC STATUS FOR EMERGENCY-CONTRACEPTIVE DRUG PLAN
B; REVIEW BY COMMISSIONER OF FOOD AND DRUGS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Commissioner of Food and Drugs shall--
(1) review the decision of the Food and Drug Administration
not to approve the supplemental application submitted under
section 505(b) of the Federal Food, Drug, and Cosmetic Act to
obtain approval for the commercial distribution of the drug
Plan B (levonorgestrel in 0.75 mg. tablet form) as a drug that
is not subject to the requirements of section 503(b)(1) of such
Act (commonly known as an over-the-counter, or OTC, drug); and
(2) affirm, under penalty of law, that such decision--
(A) was not politically influenced;
(B) was based on sound science; and
(C) conformed to precedents and procedures of the
Food and Drug Administration.
(b) Publication in Federal Register.--The affirmation under
subsection (a) shall be made through a statement published in the
Federal Register. | Science Over Politics Act - Requires the Commissioner of Food and Drugs to: (1) review the decision of the Food and Drug Administration (FDA) not to approve the application for the commercial distribution of the emergency contraceptive drug Plan B (levonorgestrel in 0.75 mg. tablet form) as an over-the-counter drug; (2) affirm that the decision was not politically influenced, was based on sound science, and conformed to FDA precedents and procedures; and (3) publish such affirmation in the Federal Register. | {"src": "billsum_train", "title": "To provide for the review by the Commissioner of Food and Drugs of the process by which the Food and Drug Administration made the decision not to approve the commercial distribution of the emergency-contraceptive drug Plan B as an over-the-counter drug, and for other purposes."} | 1,132 | 117 | 0.427577 | 1.328505 | 0.548379 | 5.267327 | 10.376238 | 0.990099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promotion of Commerce On-Line in the
Digital Era (Pro-CODE) Act of 1996''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The ability to digitize information makes carrying out
tremendous amounts of commerce and personal communication
electronically possible.
(2) Miniaturization, distributed computing, and reduced
transmission costs make communication via electronic networks a
reality.
(3) The explosive growth in the Internet and other computer
networks reflects the potential growth of electronic commerce
and personal communication.
(4) The Internet and the global information infrastructure
have the potential to revolutionize the way individuals and
businesses conduct business.
(5) The full potential of the Internet for the conduct of
business cannot be realized as long as it is an insecure medium
in which confidential business information and sensitive
personal information remain at risk of unauthorized viewing,
alteration, and use.
(6) Encryption of information enables businesses and
individuals to protect themselves against the unauthorized
viewing, alteration, and use of information by employing widely
understood and readily available science and technology to
ensure the confidentiality, authenticity, and integrity of
information.
(7) In order to promote economic growth and meet the needs
of businesses and individuals in the United States, a variety
of encryption products and programs should be available to
promote strong, flexible, and commercially acceptable
encryption capabilities.
(8) United States computer, computer software and hardware,
communications, and electronics businesses are leading the
world technology revolution, as those businesses have developed
and are prepared to offer immediately to computer users
worldwide a variety of communications and computer hardware and
computer software that provide strong, robust, and easy-to-use
encryption.
(9) United States businesses seek to market the products
described in paragraph (8) in competition with scores of
foreign businesses in many countries that offer similar, and
frequently stronger, encryption products and programs.
(10) United States businesses have been discouraged from
further developing and marketing products with encryption
capabilities because of regulatory efforts by the Secretary of
Commerce, acting through the National Institute of Standards
and Technology, and other entities to promulgate standards and
guidelines in support of government-designed solutions to
encryption problems that--
(A) were not developed in the private sector; and
(B) have not received widespread commercial
support.
(11) Because of outdated Federal controls, United States
businesses have been prohibited from exporting strong
encryption products and programs.
(12) The Secretary of Commerce, acting through the National
Institute of Standards and Technology, has attempted to
leverage the desire of United States businesses to sell
commercial products to the United States Government, and sell a
single product worldwide, to force the businesses to include
features in products sold by the businesses in the United
States and in foreign countries that will allow the Federal
Government easy access to the plain text of all electronic
information and communications.
(13) Specifically, the Secretary of Commerce, acting
through the National Institute of Standards and Technology, has
proposed that United States businesses be allowed to sell
products and programs offering strong encryption to the United
States Government and in foreign countries only if the products
and programs include a feature guaranteeing the Federal
Government access to a key that decrypts information (hereafter
in this section referred to as ``key escrow encryption'').
(14) The key escrow encryption approach to regulating
encryption is reflected in the approval in 1994 by the National
Institute of Standards and Technology of a Federal information
processing standard for a standard of escrowed encryption,
known as the ``clipper chip'', that was flawed and
controversial.
(15) The Federal Government--
(A) has designed key escrow encryption to solve a
perceived problem; and
(B) has ignored the fact that--
(i) there is no demonstrated commercial
demand for features which give governments easy
access to information; and
(ii) numerous nonkey escrow encryption
alternatives are available commercially from
foreign suppliers and free of charge from the
Internet.
(16) In order to promote electronic commerce in the twenty-
first century and to realize the full potential of the Internet
and other computer networks--
(A) United States businesses should be encouraged
to develop and market products and programs offering
encryption capabilities; and
(B) the Federal Government should be prohibited
from promulgating regulations and adopting policies
that discourage the use and sale of encryption.
(b) Purpose.--The purpose of this Act is to promote electronic
commerce through the use of strong encryption by--
(1) recognizing that businesses in the United States that
offer computer hardware and computer software made in the
United States that incorporate encryption technology are ready
and immediately able, with respect to electronic information
that will be essential to conducting business in the twenty-
first century to provide products that are designed to--
(A) protect the confidentiality of that
information; and
(B) ensure the authenticity and integrity of that
information;
(2) restricting the Department of Commerce with respect to
the promulgation or enforcement of regulations, or the
application of policies, that impose government-designed
encryption standards; and
(3) promoting the ability of United States businesses to
sell to computer users worldwide computer software and computer
hardware that provide the strong encryption demanded by such
users by--
(A) restricting Federal or State regulation of the
sale of such products and programs in interstate
commerce;
(B) prohibiting mandatory key escrow encryption
systems; and
(C) establishing conditions for the sale of
encryption products and programs in foreign commerce.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) As is.--The term ``as is'' means, in the case of
computer software (including computer software with encryption
capabilities), a computer software program that is not
designed, developed, or tailored by a producer of computer
software for specific users or purchasers, except that such
term may include computer software that--
(A) is produced for users or purchasers that supply
certain installation parameters needed by the computer
software program to function properly with the computer
system of the user or purchaser; or
(B) is customized by the user or purchaser by
selecting from among options contained in the computer
software program.
(2) Computing device.--The term ``computing device'' means
a device that incorporates one or more microprocessor-based
central processing units that are capable of accepting,
storing, processing, or providing output of data.
(3) Computer hardware.--The term ``computer hardware''
includes computer systems, equipment, application-specific
assemblies, modules, and integrated circuits.
(4) Decryption.--The term ``decryption'' means the
unscrambling of wire or electronic communications or
information using mathematical formulas, codes, or algorithms.
(5) Decryption key.--The term ``decryption key'' means the
variable information used in a mathematical formula, code, or
algorithm, or any component thereof, used to decrypt wire or
electronic communications or information that has been
encrypted.
(6) Designed for installation by the user or purchaser.--
The term ``designed for installation by the user or purchaser''
means, in the case of computer software (including computer
software with encryption capabilities) computer software--
(A) with respect to which the producer of that
computer software--
(i) intends for the user or purchaser
(including any licensee or transferee), to
install the computer software program on a
computing device; and
(ii) has supplied the necessary
instructions to do so, except that the producer
or distributor of the computer software program
(or any agent of such producer or distributor)
may also provide telephone help-line or onsite
services for computer software installation,
electronic transmission, or basic operations;
and
(B) that is designed for installation by the user
or purchaser without further substantial support by the
supplier.
(7) Encryption.--The term ``encryption'' means the
scrambling of wire or electronic communications or information
using mathematical formulas, codes, or algorithms in order to
preserve the confidentiality, integrity, or authenticity of
such communications or information and prevent unauthorized
recipients from accessing or altering such communications or
information.
(8) General license.--The term ``general license'' means a
general authorization that is applicable to a type of export
that does not require an exporter of that type of export to, as
a condition to exporting--
(A) submit a written application to the Secretary;
or
(B) receive prior written authorization by the
Secretary.
(9) Generally available.--The term ``generally available''
means, in the case of computer software (including software
with encryption capabilities), computer software that--
(A) is distributed via the Internet or that is
widely offered for sale, license, or transfer (without
regard to whether it is offered for consideration),
including over-the-counter retail sales, mail order
transactions, telephone order transactions, electronic
distribution, or sale on approval; or
(B) preloaded on computer hardware that is widely
available.
(10) Internet.--The term ``Internet'' means the
international computer network of both Federal and non-Federal
interconnected packet-switched data networks.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(12) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or possession of
the United States.
SEC. 4. RESTRICTION OF DEPARTMENT OF COMMERCE ENCRYPTION ACTIVITIES
IMPOSING GOVERNMENT ENCRYPTION SYSTEMS.
(a) Limitation on Regulatory Authority Concerning Encryption
Standards.--The Secretary may not (acting through the National
Institute of Standards and Technology or otherwise) promulgate, or
enforce regulations, or otherwise adopt standards or carry out policies
that result in encryption standards intended for use by businesses or
entities other than Federal computer systems.
(b) Limitation on Authority Concerning Exports of Computer Hardware
and Computer Software With Encryption Capabilities.--The Secretary may
not promulgate or enforce regulations, or adopt or carry out policies
in a manner inconsistent with this Act, or that have the effect of
imposing government-designed encryption standards on the private sector
by restricting the export of computer hardware and computer software
with encryption capabilities.
SEC. 5. PROMOTION OF COMMERCIAL ENCRYPTION PRODUCTS.
(a) Prohibition on Restrictions on Sale or Distribution in
Interstate Commerce.--
(1) In general.--Notwithstanding any other provision of
law, neither the Federal Government nor any State may restrict
or regulate the sale in interstate commerce, by any person of
any product or program with encryption capabilities. Nothing in
this paragraph may be construed to preempt any provision of
Federal or State law applicable to contraband or regulated
substances.
(2) Applicability.--Paragraph (1) shall apply without
regard to the encryption algorithm selected, encryption key
length chosen, or implementation technique or medium used for a
product or program with encryption capabilities.
(b) Prohibition on Mandatory Key Escrow.--Neither the Federal
Government nor any State may require, as a condition of sale in
interstate commerce, that a decryption key be given to any other person
(including a Federal agency or an entity in the private sector that may
be certified or approved by the Federal Government or a State).
(c) Control of Exports by Secretary.--
(1) General rule.--Notwithstanding any other provision of
law and subject to paragraphs (2), (3), and (4), the Secretary
shall have exclusive authority to control exports of all
computer hardware, computer software, and technology with
encryption capabilities, except computer hardware, computer
software, and technology that is specifically designed or
modified for military use, including command, control, and
intelligence applications.
(2) Items that do not require validated licenses.--Only a
general license may be required, except as otherwise provided
under the Trading With The Enemy Act (50 U.S.C. App. 1 et seq.)
or the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) (but only to the extent that the authority of the
International Emergency Economic Powers Act is not exercised to
extend controls imposed under the Export Administration Act of
1979), for the export or reexport of--
(A) any computer software, including computer
software with encryption capabilities, that is--
(i) generally available, as is, and
designed for installation by the user or
purchaser; or
(ii) in the public domain (including on the
Internet) or publicly available because it is
generally accessible to the interested public
in any form; or
(B) any computing device or computer hardware
solely because it incorporates or employs in any form
computer software (including computer software with
encryption capabilities) that is described in
subparagraph (A).
(3) Computer software and computer hardware with encryption
capabilities.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary shall authorize the export or
reexport of computer software and computer hardware
with encryption capabilities under a general license
for nonmilitary end-uses in any foreign country to
which those exports of computer software and computer
hardware of similar capability are permitted for use by
financial institutions that the Secretary determines
not to be controlled in fact by United States persons.
(B) Exception.--The Secretary shall prohibit the
export or reexport of computer software and computer
hardware described in subparagraph (A) to a foreign
country if the Secretary determines that there is
substantial evidence that such software and computer
hardware will be--
(i) diverted to a military end-use or an
end-use supporting international terrorism;
(ii) modified for military or terrorist
end-use; or
(iii) reexported without the authorization
required under Federal law.
(d) Statutory Construction.--Nothing in this Act may be construed
to affect any law in effect on the day before the date of enactment of
this Act designed to prevent the distribution of descramblers and any
other equipment for illegal interceptions cable and satellite
television signals. | Promotion of Commerce On-Line in the Digital Era (Pro-CODE) Act of 1996 - Prohibits the Secretary of Commerce (acting through the National Institute of Standards and Technology or otherwise) from promulgating or enforcing regulations, or otherwise adopting standards or carrying out policies: (1) that result in encryption standards intended for use by businesses or entities other than Federal computer systems; or (2) in a manner inconsistent with this Act, or that have the effect of imposing Government-designed encryption standards on the private sector by restricting the export of computer hardware and computer software with encryption capabilities.
(Sec. 5) Prohibits the Federal and State governments from: (1) restricting or regulating the interstate sale by any person of any product with encryption capabilities; or (2) requiring, as a condition of such a sale, that a decryption key be given to any other person (including a Federal agency or a private entity certified or approved by the Federal or a State government).
Grants the Secretary exclusive authority to control exports of all computer hardware, software, and technology with encryption capabilities, except that which is specifically designed or modified for military use, including command, control, and intelligence applications.
Prohibits requiring any validated license (with limited exceptions) for the export or reexport of any: (1) computer software, including that with encryption capabilities, that is generally available, as is, and designed for installation by the purchaser, or that is in the public domain (including on the Internet) or publicly available because it is generally accessible to the public in any form; or (2) computing device or computer hardware solely because it incorporates or employs in any form such computer software (including that with encryption capabilities).
Directs the Secretary to authorize the export or reexport of computer software with encryption capabilities under a general license for nonmilitary end-uses in any country to which exports of software or hardware of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software and hardware will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without requisite Federal authorization.
Declares that nothing in this Act may be construed to affect any law in effect before this Act's enactment designed to prevent the distribution of descramblers and any other equipment for illegal interceptions of cable and satellite television signals. | {"src": "billsum_train", "title": "Promotion of Commerce On-Line in the Digital Era (Pro-C0DE) Act of 1996"} | 3,062 | 547 | 0.591578 | 2.001471 | 0.768086 | 5.377593 | 6.089212 | 0.962656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Removal of Terminated
Providers from Medicaid and CHIP Act''.
SEC. 2. INCREASING OVERSIGHT OF TERMINATION OF MEDICAID PROVIDERS.
(a) Increased Oversight and Reporting.--
(1) State reporting requirements.--Section 1902(kk) of the
Social Security Act (42 U.S.C. 1396a(kk)) is amended--
(A) by redesignating paragraph (8) as paragraph
(9); and
(B) by inserting after paragraph (7) the following
new paragraph:
``(8) Provider terminations.--
``(A) In general.--Beginning on July 1, 2018, in
the case of a notification under subsection (a)(41)
with respect to a termination for a reason specified in
section 455.101 of title 42, Code of Federal
Regulations (as in effect on November 1, 2015), or for
any other reason specified by the Secretary, of the
participation of a provider of services or any other
person under the State plan, the State, not later than
21 business days after the effective date of such
termination, submits to the Secretary with respect to
any such provider or person, as appropriate--
``(i) the name of such provider or person;
``(ii) the provider type of such provider
or person;
``(iii) the specialty of such provider's or
person's practice;
``(iv) the date of birth, social security
number, national provider identifier, Federal
taxpayer identification number, and the State
license or certification number of such
provider or person;
``(v) the reason for the termination;
``(vi) a copy of the notice of termination
sent to the provider or person;
``(vii) the date on which such termination
is effective, as specified in the notice; and
``(viii) any other information required by
the Secretary.
``(B) Effective date defined.--For purposes of this
paragraph, the term `effective date' means, with
respect to a termination described in subparagraph (A),
the later of--
``(i) the date on which such termination is
effective, as specified in the notice of such
termination; or
``(ii) the date on which all appeal rights
applicable to such termination have been
exhausted or the timeline for any such appeal
has expired.''.
(2) Contract requirement for managed care entities.--
Section 1932(d) of the Social Security Act (42 U.S.C. 1396u-
2(d)) is amended by adding at the end the following new
paragraph:
``(5) Contract requirement for managed care entities.--With
respect to any contract with a managed care entity under
section 1903(m) or 1905(t)(3) (as applicable), no later than
July 1, 2018, such contract shall include a provision that
providers of services or persons terminated (as described in
section 1902(kk)(8)) from participation under this title, title
XVIII, or title XXI be terminated from participating under this
title as a provider in any network of such entity that serves
individuals eligible to receive medical assistance under this
title.''.
(3) Termination notification database.--Section 1902 of the
Social Security Act (42 U.S.C. 1396a) is amended by adding at
the end the following new subsection:
``(ll) Termination Notification Database.--In the case of a
provider of services or any other person whose participation under this
title, title XVIII, or title XXI is terminated (as described in
subsection (kk)(8)), the Secretary shall, not later than 21 business
days after the date on which the Secretary terminates such
participation under title XVIII or is notified of such termination
under subsection (a)(41) (as applicable), review such termination and,
if the Secretary determines appropriate, include such termination in
any database or similar system developed pursuant to section 6401(b)(2)
of the Patient Protection and Affordable Care Act (42 U.S.C. 1395cc
note).''.
(4) No federal funds for items and services furnished by
terminated providers.--Section 1903 of the Social Security Act
(42 U.S.C. 1396b) is amended--
(A) in subsection (i)(2)--
(i) in subparagraph (A), by striking the
comma at the end and inserting a semicolon;
(ii) in subparagraph (B), by striking
``or'' at the end; and
(iii) by adding at the end the following
new subparagraph:
``(D) beginning not later than July 1, 2018, under
the plan by any provider of services or person whose
participation in the State plan is terminated (as
described in section 1902(kk)(8)) after the date that
is 60 days after the date on which such termination is
included in the database or other system under section
1902(ll); or''; and
(B) in subsection (m), by inserting after paragraph
(2) the following new paragraph:
``(3) No payment shall be made under this title to a State with
respect to expenditures incurred by the State for payment for services
provided by a managed care entity (as defined under section 1932(a)(1))
under the State plan under this title (or under a waiver of the plan)
unless the State--
``(A) beginning on July 1, 2018, has a contract with such
entity that complies with the requirement specified in section
1932(d)(5); and
``(B) beginning on January 1, 2018, complies with the
requirement specified in section 1932(d)(6)(A).''.
(5) Development of uniform terminology for reasons for
provider termination.--Not later than July 1, 2017, the
Secretary of Health and Human Services shall, in consultation
with the heads of State agencies administering State Medicaid
plans (or waivers of such plans), issue regulations
establishing uniform terminology to be used with respect to
specifying reasons under subparagraph (A)(v) of paragraph (8)
of section 1902(kk) of the Social Security Act (42 U.S.C.
1396a(kk)), as amended by paragraph (1), for the termination
(as described in such paragraph) of the participation of
certain providers in the Medicaid program under title XIX of
such Act or the Children's Health Insurance Program under title
XXI of such Act.
(6) Conforming amendment.--Section 1902(a)(41) of the
Social Security Act (42 U.S.C. 1396a(a)(41)) is amended by
striking ``provide that whenever'' and inserting ``provide, in
accordance with subsection (kk)(8) (as applicable), that
whenever''.
(b) Increasing Availability of Medicaid Provider Information.--
(1) FFS provider enrollment.--Section 1902(a) of the Social
Security Act (42 U.S.C. 1396a(a)) is amended by inserting after
paragraph (77) the following new paragraph:
``(78) provide that, not later than January 1, 2017, in the
case of a State plan that provides medical assistance on a fee-
for-service basis, the State shall require each provider
furnishing items and services to individuals eligible to
receive medical assistance under such plan to enroll with the
State agency and provide to the State agency the provider's
identifying information, including the name, specialty, date of
birth, social security number, national provider identifier,
Federal taxpayer identification number, and the State license
or certification number of the provider;''.
(2) Managed care provider enrollment.--Section 1932(d) of
the Social Security Act (42 U.S.C. 1396u-2(d)), as amended by
subsection (a)(2), is amended by adding at the end the
following new paragraph:
``(6) Enrollment of participating providers.--
``(A) In general.--Beginning not later than January
1, 2018, a State shall require that, in order to
participate as a provider in the network of a managed
care entity that provides services to, or orders,
prescribes, refers, or certifies eligibility for
services for, individuals who are eligible for medical
assistance under the State plan under this title and
who are enrolled with the entity, the provider is
enrolled with the State agency administering the State
plan under this title. Such enrollment shall include
providing to the State agency the provider's
identifying information, including the name, specialty,
date of birth, social security number, national
provider identifier, Federal taxpayer identification
number, and the State license or certification number
of the provider.
``(B) Rule of construction.--Nothing in
subparagraph (A) shall be construed as requiring a
provider described in such subparagraph to provide
services to individuals who are not enrolled with a
managed care entity under this title.''.
(c) Coordination With CHIP.--
(1) In general.--Section 2107(e)(1) of the Social Security
Act (42 U.S.C. 1397gg(e)(1)) is amended--
(A) by redesignating subparagraphs (B), (C), (D),
(E), (F), (G), (H), (I), (J), (K), (L), (M), (N), and
(O) as subparagraphs (D), (E), (F), (G), (H), (I), (J),
(K), (M), (N), (O), (P), (Q), and (R), respectively;
(B) by inserting after subparagraph (A) the
following new subparagraphs:
``(B) Section 1902(a)(39) (relating to termination
of participation of certain providers).
``(C) Section 1902(a)(78) (relating to enrollment
of providers participating in State plans providing
medical assistance on a fee-for-service basis).'';
(C) by inserting after subparagraph (K) (as
redesignated by subparagraph (A)) the following new
subparagraph:
``(L) Section 1903(m)(3) (relating to limitation on
payment with respect to managed care).''; and
(D) in subparagraph (P) (as redesignated by
subparagraph (A)), by striking ``(a)(2)(C) and (h)''
and inserting ``(a)(2)(C) (relating to Indian
enrollment), (d)(5) (relating to contract requirement
for managed care entities), (d)(6) (relating to
enrollment of providers participating with a managed
care entity), and (h) (relating to special rules with
respect to Indian enrollees, Indian health care
providers, and Indian managed care entities)''.
(2) Excluding from medicaid providers excluded from chip.--
Section 1902(a)(39) of the Social Security Act (42 U.S.C.
1396a(a)(39)) is amended by striking ``title XVIII or any other
State plan under this title'' and inserting ``title XVIII, any
other State plan under this title, or any State child health
plan under title XXI''.
(d) Rule of Construction.--Nothing in this section shall be
construed as changing or limiting the appeal rights of providers or the
process for appeals of States under the Social Security Act.
(e) OIG Report.--Not later than March 31, 2020, the Inspector
General of the Department of Health and Human Services shall submit to
Congress a report on the implementation of the amendments made by this
section. Such report shall include the following:
(1) An assessment of the extent to which providers who are
included under subsection (ll) of section 1902 of the Social
Security Act (42 U.S.C. 1396a) (as added by subsection (a)(3))
in the database or similar system referred to in such
subsection are terminated (as described in subsection (kk)(8)
of such section, as added by subsection (a)(1)) from
participation in all State plans under title XIX of such Act.
(2) Information on the amount of Federal financial
participation paid to States under section 1903 of such Act in
violation of the limitation on such payment specified in
subsections (i)(2)(D) and (m)(3) of such section, as added by
subsection (a)(4).
(3) An assessment of the extent to which contracts with
managed care entities under title XIX of such Act comply with
the requirement specified in section 1932(d)(5) of such Act, as
added by subsection (a)(2).
(4) An assessment of the extent to which providers have
been enrolled under section 1902(a)(78) or 1932(d)(6)(A) of
such Act (42 U.S.C. 1396a(a)(78), 1396u-2(d)(6)(A)) with State
agencies administering State plans under title XIX of such Act. | Ensuring Removal of Terminated Providers from Medicaid and CHIP Act This bill amends titles XIX (Medicaid) and XXI (Children's Health Insurance Program [CHIP]) of the Social Security Act to prohibit federal payment under Medicaid for nonemergency services furnished by providers whose participation in Medicaid, Medicare, or CHIP has been terminated. Under current law, a state must exclude from Medicaid participation any provider that has been terminated under any state's Medicaid program or under Medicare. The bill maintains those requirements and further requires a state to exclude from Medicaid participation any provider that has been terminated under CHIP. Furthermore, a state must exclude from CHIP participation any provider that has been terminated under Medicaid or Medicare. The bill also revises a state's reporting requirements with respect to terminating a provider under a state plan. A state shall require each Medicaid or CHIP provider, whether the provider participates on a fee-for-service (FFS) basis or within the network of a managed care organization (MCO), to enroll with the state by providing specified identifying information. When notifying the Department of Health and Human Services (HHS) that a provider has been terminated under a state plan, the state must submit this information as well as information regarding the termination date and reason. HHS shall review such termination notifications and, if appropriate, include them in a database or similar system, as specified by the bill. The bill prohibits federal payment under a state's Medicaid or CHIP program for services provided by an MCO unless: (1) the state has a system for notifying MCOs when a provider is terminated under Medicaid, Medicare, or CHIP; and (2) any contract between the state plan and an MCO provides that such providers be excluded from participation in the MCO provider network. | {"src": "billsum_train", "title": "Ensuring Removal of Terminated Providers from Medicaidand CHIP Act"} | 2,906 | 412 | 0.578625 | 1.811894 | 0.690032 | 1.982196 | 7.643917 | 0.836795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Fuel Standard Act of 2008'' or
the ``OFS Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The status of oil as a strategic commodity, which
derives from its domination of the transportation sector,
presents a clear and present danger to the United States;
(2) in a prior era, when salt was a strategic commodity,
salt mines conferred national power and wars were fought over
the control of such mines;
(3) technology, in the form of electricity and
refrigeration, decisively ended salt's monopoly of meat
preservation and greatly reduced its strategic importance;
(4) fuel competition and consumer choice would similarly
serve to end oil's monopoly in the transportation sector and
strip oil of its strategic status;
(5) the current closed fuel market has allowed a cartel of
petroleum exporting countries to inflate fuel prices,
effectively imposing a harmful tax on the economy of the United
States of nearly $500,000,000,000 per year;
(6) much of the inflated petroleum revenues the oil cartel
earns at the expense of the people of the United States are
used for purposes antithetical to the interests of the United
States and its allies;
(7) alcohol fuels, including ethanol and methanol, could
potentially provide significant supplies of additional fuels
that could be produced in the United States and in many other
countries in the Western Hemisphere that are friendly to the
United States;
(8) alcohol fuels can only play a major role in securing
the energy independence of the United States if a substantial
portion of vehicles in the United States are capable of
operating on such fuels;
(9) it is not in the best interest of United States
consumers or the United States Government to be constrained to
depend solely upon petroleum resources for vehicle fuels if
alcohol fuels are potentially available;
(10) existing technology, in the form of flexible fuel
vehicles, allows internal combustion engine cars and trucks to
be produced at little or no additional cost, which are capable
of operating on conventional gasoline, alcohol fuels, or any
combination of such fuels, as availability or cost advantage
dictates, providing a platform on which fuels can compete;
(11) the necessary distribution system for such alcohol
fuels will not be developed in the United States until a
substantial fraction of the vehicles in the United States are
capable of operating on such fuels;
(12) the establishment of such a vehicle fleet and
distribution system would provide a large market that would
mobilize private resources to substantially advance the
technology and expand the production of alcohol fuels in the
United States and abroad;
(13) the United States has an urgent national security
interest to develop alcohol fuels technology, production, and
distribution systems as rapidly as possible;
(14) new cars sold in the United States that are equipped
with an internal combustion engine should allow for fuel
competition by being flexible fuel vehicles, and new diesel
cars should be capable of operating on biodiesel; and
(15) such an open fuel standard would help to protect the
United States economy from high and volatile oil prices and
from the threats caused by global instability, terrorism, and
natural disaster.
SEC. 3. OPEN FUEL STANDARD FOR TRANSPORTATION.
Chapter 329 of title 49, United States Code, is amended by adding
at the end the following:
``SEC. 32920. OPEN FUEL STANDARD FOR TRANSPORTATION.
``(a) Definitions.--In this section:
``(1) E85.--The term `E85' means a fuel mixture containing
85 percent ethanol and 15 percent gasoline by volume.
``(2) Flexible fuel automobile.--The term `flexible fuel
automobile' means an automobile that has been warranted by its
manufacturer to operate on gasoline, E85, and M85.
``(3) Fuel choice-enabling automobile.--The term `fuel
choice-enabling automobile' means--
``(A) a flexible fuel automobile; or
``(B) an automobile that has been warranted by its
manufacturer to operate on biodiesel.
``(4) Light-duty automobile.--The term `light-duty
automobile' means--
``(A) a passenger automobile; or
``(B) a non-passenger automobile.
``(5) Light-duty automobile manufacturer's annual
inventory.--The term `light-duty automobile manufacturer's
annual inventory' means the number of light-duty automobiles
that a manufacturer, during a given calendar year, manufactures
in the United States or imports from outside of the United
States for sale in the United States.
``(6) M85.--The term `M85' means a fuel mixture containing
85 percent methanol and 15 percent gasoline by volume.
``(b) Open Fuel Standard for Transportation.--
``(1) In general.--Except as provided in paragraph (2),
each light-duty automobile manufacturer's annual inventory
shall be comprised of--
``(A) not less than 50 percent fuel choice-enabling
automobiles in 2012, 2013, and 2014; and
``(B) not less than 80 percent fuel choice-enabling
automobiles in 2015, and in each subsequent year.
``(2) Temporary exemption from requirements.--
``(A) Application.--A manufacturer may request an
exemption from the requirement described in paragraph
(1) by submitting an application to the Secretary, at
such time, in such manner, and containing such
information as the Secretary may require by regulation.
Each such application shall specify the models, lines,
and types of automobiles affected.
``(B) Evaluation.--After evaluating an application
received from a manufacturer, the Secretary may at any
time, under such terms and conditions, and to such
extent as the Secretary considers appropriate,
temporarily exempt, or renew the exemption of, a light-
duty automobile from the requirement described in
paragraph (1) if the Secretary determines that
unavoidable events not under the control of the
manufacturer prevent the manufacturer of such
automobile from meeting its required production volume
of fuel choice-enabling automobiles due to a disruption
in--
``(i) the supply of any component required
for compliance with the regulations; or
``(ii) the use and installation by the
manufacturer of such component.
``(C) Consolidation.--The Secretary may consolidate
applications received from multiple manufactures under
subparagraph (A) if they are of a similar nature.
``(D) Conditions.--Any exemption granted under
subparagraph (B) shall be conditioned upon the
manufacturer's commitment to recall the exempted
automobiles for installation of the omitted components
within a reasonable time proposed by the manufacturer
and approved by the Secretary after such components
become available in sufficient quantities to satisfy
both anticipated production and recall volume
requirements.
``(E) Notice.--The Secretary shall publish in the
Federal Register--
``(i) notice of each application received
from a manufacturer;
``(ii) notice of each decision to grant or
deny a temporary exemption; and
``(iii) the reasons for granting or denying
such exemptions.
``(F) Labeling.--Each manufacturer that receives an
exemption under this paragraph shall place a label on
each exempted automobile. Such label--
``(i) shall comply with the regulations
prescribed by the Secretary under paragraph
(3); and
``(ii) may only be removed after recall and
installation of the required components.
``(G) Notice of exemption.--Each light-duty
automobile delivered to dealers and first purchasers
that is not a fuel choice-enabling automobile and for
which the manufacturer received an exemption under this
paragraph, shall be accompanied with a written
notification of such exemption, which complies with the
regulations prescribed by the Secretary under paragraph
(3).
``(3) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
promulgate regulations to carry out this section.''. | Open Fuel Standard Act of 2008 or the OFS Act - Amends federal transportation law to require each light-duty automobile manufacturer's annual inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year.
Defines "fuel choice-enabling automobile" as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel.
Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation.
Requires: (1) each manufacturer that receives an exemption to place a label on each exempted automobile; and (2) each exempted light-duty automobile delivered to a dealer and first purchaser to be accompanied with a written notification of such exemption. | {"src": "billsum_train", "title": "To require automobile manufacturers to ensure that not less that 80 percent of the automobiles manufactured or sold in the United States by each such manufacturer to operate on fuel mixtures containing 85 percent ethanol, 85 percent methanol, or biodiesel."} | 1,762 | 192 | 0.452004 | 1.320846 | 0.724657 | 3.502857 | 9.508571 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Science Education Incentive
Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) As concluded in the report of the Committee on Science
of the House of Representatives, ``Unlocking Our Future Toward
a New National Science Policy,'' which was adopted by the House
of Representatives, the United States must maintain and improve
its preeminent position in science and technology in order to
advance human understanding of the universe and all it
contains, and to improve the lives, health, and freedoms of all
people.
(2) It is estimated that more than half of the economic
growth of the United States today results directly from
research and development in science and technology. The most
fundamental research is responsible for investigating our
perceived universe, to extend our observations to the outer
limits of what our minds and methods can achieve, and to seek
answers to questions that have never been asked before. Applied
research continues the process by applying the answers from
basic science to the problems faced by individuals,
organizations, and governments in the everyday activities that
make our lives more livable.
(3) The effectiveness of the United States in promoting
economic growth will be largely determined by the intellectual
capital of the United States. Education is critical to
developing this resource.
(4) The education program of the United States needs to
provide for 3 different kinds of intellectual capital. First,
it needs scientists and engineers to continue the research and
development that is central to the economic growth of the
United States. Second, it needs technologically proficient
workers who are comfortable and capable dealing with the
demands of a science-based, high-technology workplace. Last, it
needs scientifically literate voters and consumers to make
intelligent decisions about public policy.
(5) Student performance on the recent Third International
Math and Science Study highlights the shortcomings of current
K-12 science and mathematics education in the United States,
particularly when compared to other countries. We must expect
more from our Nation's educators and students if we are to
build on the accomplishments of previous generations. New
methods of teaching mathematics and science are required, as
well as better curricula and improved training of teachers.
(6) Science is more than a collection of facts, theories,
and results. It is a process of inquiry built upon observations
and data that leads to a way of knowing and explaining in
logically derived concepts and theories.
(7) Students should learn science primarily by doing
science. Science education ought to reflect the scientific
process and be object-oriented, experiment-centered, and
concept-based.
(8) Children are naturally curious and inquisitive. To
successfully tap into these innate qualities, education in
science must begin at an early age and continue throughout the
entire school experience.
(9) Teachers provide the essential connection between
students and the content they are learning. High-quality
prospective teachers need to be identified and recruited by
presenting to them a career that is respected by their peers,
is financially and intellectually rewarding, and contains
sufficient opportunities for advancement.
(10) Teachers need to have incentives to remain in the
classroom and improve their practice, and training of teachers
is essential if the results are to be good. Teachers need to be
knowledgeable of their content area, of their curriculum, of
up-to-date research in teaching and learning, and of techniques
that can be used to connect that information to their students in their
classroom.
SEC. 3. REFUNDABLE CREDIT FOR PORTION OF TUITION PAID FOR UNDERGRADUATE
EDUCATION OF CERTAIN TEACHERS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. TUITION FOR UNDERGRADUATE EDUCATION OF CERTAIN TEACHERS.
``(a) In General.--In the case of an individual who is an eligible
teacher for the taxable year, there shall be allowed as a credit
against the tax imposed by this subtitle an amount equal to 10 percent
of qualified undergraduate tuition paid by such individual.
``(b) Limitations.--
``(1) Dollar amount.--The credit allowed by this section
for any taxable year shall not exceed $1,000.
``(2) Credit allowed only for 10 years.--No credit shall be
allowed under this section for any taxable year after the 10th
taxable year for which credit is allowed under this section.
``(c) Eligible Teacher.--For purposes of this section--
``(1) In general.--The term `eligible teacher' means, with
respect to a taxable year, any individual--
``(A) who is a full-time teacher, including a full-
time substitute teacher, in any of grades kindergarten
through 12th grade for the academic year ending in such
taxable year,
``(B)(i) who teaches primarily math, science,
engineering, or technology courses in 1 or more of
grades 9 through 12 during such academic year, or
``(ii) who teaches math, science, engineering, or
technology courses in 1 or more of grades kindergarten
through 8 during such academic year,
``(C) who received a baccalaureate or similar
degree with a major in mathematics, science,
engineering, or technology from a qualified educational
institution, and
``(D) who is highly qualified (as defined in
section 9101(23) of the Elementary and Secondary
Education Act of 1965).
``(2) Special rule for administrative personnel.--School
administrative functions shall be treated as teaching courses
referred to in paragraph (1)(B) if such functions primarily
relate to such courses or are for a school which focuses
primarily on such courses.
``(3) Qualified educational institution.--The term
`qualified educational institution' means any eligible
educational institution (as defined in section 25A(f)(2)) if--
``(A) more than 80 percent of such institution's
graduates who apply for certification by any State as a
teacher are so certified, and
``(B) such institution's school of education (or
equivalent unit) has an advisory committee which
includes (on a rotating basis or otherwise) practicing
mathematicians and scientists and representatives from
several of the appropriate science, mathematics,
engineering, and technology departments of such
institution.
``(d) Qualified Undergraduate Tuition.--For purposes of this
section, the term `qualified undergraduate tuition' means qualified
higher education expenses (as defined in section 529(e)(3)) for a
qualified educational institution, reduced as provided in section
25A(g)(2) and by any credit allowed by section 25A with respect to such
expenses.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 36'' after ``section
35''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the last item and inserting the following new items:
``Sec. 36. Tuition for undergraduate
education of certain teachers.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act; except that only periods of being an eligible teacher (as
defined in section 36(c) of the Internal Revenue Code of 1986, as added
by this section) after such date shall be taken into account under
section 36(b)(2) of such Code, as so added.
SEC. 4. CREDITS FOR CERTAIN CONTRIBUTIONS BENEFITING SCIENCE,
MATHEMATICS, ENGINEERING, AND TECHNOLOGY EDUCATION AT THE
ELEMENTARY AND SECONDARY SCHOOL LEVEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45G. CONTRIBUTIONS BENEFITING SCIENCE, MATHEMATICS, ENGINEERING,
AND TECHNOLOGY EDUCATION AT THE ELEMENTARY AND SECONDARY
SCHOOL LEVEL.
``(a) In General.--For purposes of section 38, the elementary and
secondary science, mathematics, engineering, and technology (SMET)
contributions credit determined under this section for the taxable year
is an amount equal to 100 percent of the qualified SMET contributions
of the taxpayer for such taxable year.
``(b) Qualified SMET Contributions.--For purposes of this section,
the term `qualified SMET contributions' means--
``(1) SMET school contributions,
``(2) SMET teacher externship expenses, and
``(3) SMET teacher training expenses.
``(c) SMET School Contributions.--For purposes of this section--
``(1) In general.--The term `SMET school contributions'
means--
``(A) SMET property contributions, and
``(B) SMET service contributions.
``(2) SMET property contributions.--The term `SMET property
contributions' means the amount which would (but for subsection
(f)) be allowed as a deduction under section 170 for a
charitable contribution of SMET inventory property if--
``(A) the donee is an elementary or secondary
school described in section 170(b)(1)(A)(ii),
``(B) substantially all of the use of the property
by the donee is within the United States for
educational purposes in any of the grades K-12 that are
related to the purpose or function of the donee,
``(C) the original use of the property begins with
the donee,
``(D) the property will fit productively into the
donee's education plan,
``(E) the property is not transferred by the donee
in exchange for money, other property, or services,
except for shipping, installation and transfer costs,
and
``(F) the donee's use and disposition of the
property will be in accordance with the provisions of
subparagraphs (B) and (E).
The determination of the amount of deduction under section 170
for purposes of this paragraph shall be made as if the
limitation under section 170(e)(3)(B) applied to all SMET
inventory property.
``(3) SMET service contributions.--The term `SMET service
contributions' means the amount paid or incurred during the
taxable year for SMET services provided in the United States
for the exclusive benefit of students at an elementary or
secondary school described in section 170(b)(1)(A)(ii) but only
if--
``(A) the taxpayer is engaged in the trade or
business of providing such services on a commercial
basis, and
``(B) no charge is imposed for providing such
services.
``(4) SMET inventory property.--The term `SMET inventory
property' means, with respect to any contribution to a school,
any property--
``(A) which is described in paragraph (1) or (2) of
section 1221(a) with respect to the donor, and
``(B) which is determined by the school to be
needed by the school in providing education in grades
K-12 in the areas of science, mathematics, engineering,
or technology.
``(5) SMET services.--The term `SMET services' means, with
respect to any contribution to a school, any service determined
by the school to be needed by the school in providing education
in grades K-12 in the areas of science, mathematics,
engineering, or technology, including teaching courses of
instruction at such school in any such area.
``(d) SMET Teacher Externship Expenses.--For purposes of this
section--
``(1) In general.--The term `SMET teacher externship
expenses' means any amount paid or incurred to carry out a SMET
externship program of the taxpayer but only to the extent that
such amount is attributable to the participation in such
program of any eligible SMET teacher, including amounts paid to
such a teacher as a stipend while participating in such
program.
``(2) SMET externship program.--The term `SMET externship
program' means any program--
``(A) established by a taxpayer engaged in a trade
or business within an area of science, mathematics,
engineering, or technology, and
``(B) under which eligible SMET teachers receive
training to enhance their teaching skills in the areas
of science, mathematics, engineering, or technology or
otherwise improve their knowledge in such areas.
``(3) Eligible smet teacher.--The term `eligible SMET
teacher' means any individual--
``(A) who is a teacher in grades K-12 at an
educational organization described in section
170(b)(1)(A)(ii) which is located in the United States
or which is located on a United States military base
outside the United States, and
``(B) whose teaching responsibilities at such
school include, or are likely to include, any course in
the areas of science, mathematics, engineering, or
technology.
``(e) SMET Teacher Training Expenses.--The term `SMET teacher
training expenses' means any amount paid or incurred by a taxpayer
engaged in a trade or business within an area of science, mathematics,
engineering, or technology which is attributable to the participation
of any eligible SMET teacher in a regular training program provided to
employees of the taxpayer which is determined by such teacher's school
as enhancing such teacher's teaching skills in the areas of science,
mathematics, engineering, or technology.
``(f) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any amount allowed as a credit under this
section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended--
(A) by striking ``plus'' at the end of paragraph
(14),
(B) by striking the period at the end of paragraph
(15), and inserting ``, plus'', and
(C) by adding at the end the following new
paragraph:
``(16) the elementary and secondary science, mathematics,
engineering, and technology (SMET) contributions credit
determined under section 45G.''.
(2) Subsection (d) of section 39 of such Code (relating to
carryback and carryforward of unused credits) is amended by
adding at the end the following new paragraph:
``(11) No carryback of section 45g credit before enactment
of credit.--No portion of the unused business credit for any
taxable year which is attributable to the credit determined
under section 45G may be carried back to a taxable year
beginning before the date of the enactment of this
paragraph.''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45G. Contributions benefiting
science, mathematics,
engineering, and technology
education at the elementary and
secondary school level.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 5. ASSURANCE OF CONTINUED LOCAL CONTROL.
Nothing in this Act may be construed to authorize any department,
agency, officer, or employee of the United States to exercise any
direction, supervision, or control over the curriculum, program of
instruction, administration, or personnel of any educational
institution or school system. | National Science Education Incentive Act of 2003 - Amends the Internal Revenue Code to: (1) permit an eligible science, engineering, math, or technology teacher a limited credit for undergraduate tuition; and (2) permit an elementary and secondary science, mathematics, engineering, and technology credit (SMET) credit for qualified contributions of property or service to qualified elementary and secondary schools. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage stronger math and science programs at elementary and secondary schools."} | 3,527 | 77 | 0.374345 | 0.960181 | 0.480757 | 2.575342 | 44.232877 | 0.931507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Walker River Basin Act of 1997''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) Facilitate efforts to negotiate the permanent
settlement of all litigation and other claims to the waters of
the Walker River Basin, Nevada, including those of the Walker
River Paiute Tribe and Walker Lake.
(2) Encourage an equitable apportionment of the waters of
the Walker River between California and Nevada.
(3) Direct the management of water rights acquired by the
United States on the Walker River.
(4) Protect the fish and wildlife associated habitats in
the Walker River Basin of California and Nevada.
(5) Stabilize the water quality and quantity of Walker Lake
at acceptable levels.
(6) Protect recreation resources associated with the Walker
River and its reservoirs, and Walker Lake.
(7) Protect and preserve agriculture in the Walker River
Basin.
(8) Enhance stream flows.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Locally Affected Interests'' means,
collectively, Mineral County of Nevada, the Walker River Basin
Water Users Association, the Walker River Irrigation District,
the Walker River Paiute Tribe of Indians, and Mono County of
California.
(2) The term ``Secretary'' means the Secretary of the
Interior, acting through the Commissioner of the Bureau of
Reclamation.
(3) The term ``Walker River Basin'' means the hydrologic
area which naturally drains into the Walker River or Walker
Lake (or both), located in Mineral County, Nevada.
(4) The term ``Walker River Basin Water Users Association''
means a nonprofit corporation whose membership includes, but is
not limited to, irrigators in California and Nevada who possess
water rights pursuant to the Walker River Decree, but not
including the Walker River Paiute Tribe.
(5) The term ``Walker River Decree'' means the final decree
in the case of United States v. Walker River Irrigation
District, et al., United States district court for the District
of Nevada, Equity No. C-125, filed April 15, 1936, as amended
by the Order of the Honorable A.F. St. Sure, dated April 24,
1940.
SEC. 4. FURTHER SETTLEMENT.
(a) In General.--The Secretary, the Locally Affected Interests, the
State of Nevada, and the State of California shall initiate
negotiations to explore the potential for comprehensive and permanent
settlement of all claims to the waters of the Walker River, in
California and Nevada.
(b) Report.--If the terms of any settlement negotiated under
subsection (a) require legislation by Congress, the Secretary shall
submit to Congress a report describing the necessary legislation.
SEC. 5. AUTHORIZATIONS.
(a) Studies and Projects.--In order to assist the Locally Affected
Interests and the States of Nevada and California in negotiating a
settlement under section 4, the Secretary shall assist in the
development and implementation of studies, pilot projects or long-term
projects (or both) including, but not limited to, the following:
(1) In accordance with Nevada law, California law, and
other applicable law, a locally managed Walker River Water Bank
to facilitate voluntary water transfers, including the transfer
of any water delivered pursuant to the water conservation
provision of this Act, within the Walker River Basin in the
States of Nevada and California: Provided, That the Walker
River Water Bank may include water held by the Walker River
Paiute Tribe pursuant to reserved water rights confirmed in the
Walker River Decree or water rights held by the Walker River
Paiute Tribe (or both). The Locally Affected Interests shall
have the ability to both purchase from and transfer water to
the Walker River Water Bank.
(2) Water conservation, compatible with local land use,
designed to encourage the Locally Affected Interests to
voluntarily conserve water in the Walker River Basin.
(3) Enhancement of stream flows through phreatophyte
control and debris control and removal on the Walker River and
in Walker Lake, in order to protect and improve water quality
in Walker Lake and to improve water efficiency for agricultural
use.
(4) Improvement of agricultural water management practices
in the Walker River Basin.
(5) Improvement of water quality in Walker Lake through the
construction and operation of facilities designed to address
problems in Walker Lake associated with decreased oxygen and
increased salinity.
(6) A program to allow any or all of the Locally Affected
Interests to extract and utilize available groundwater in lieu
of surface water entitlements.
(7) A groundwater recharge program.
(8) A facility to assist in acclimating Lahanton cutthroat
trout to Walker Lake.
(9) A program to facilitate the purchase and transfer of
water rights for use in Walker Lake or to otherwise benefit the
environmental needs of the Walker River system.
(b) Form of Assistance; Cost Share; Authorization of
Appropriations.--
(1) The Secretary shall, subject to the availability of
appropriations, provide assistance under subsection (a) through
grants to, cooperative agreements with, and technical
assistance to the Locally Affected Interests. The United States
share of costs associated with the studies, pilot projects, and
long-term projects described in subsection (a) shall be 75
percent of the total thereof, with the remaining 25 percent
equitably apportioned among the Locally Affected Interests, the
State of California, and the State of Nevada. The Locally
Affected Interests may pay all or a portion of their 25 percent
share of costs in the form of in-kind services.
(2) There are authorized to be appropriated to the
Secretary to carry out the studies, pilot projects, and long-
term projects described in subsection (a), $10,000,000, which
will constitute the maximum of the United States 75 percent
share of costs associated with the studies, pilot projects, and
long-term projects authorized by this Act. Funds appropriated
under this section shall be made available to the Locally
Affected Interests to carry out the studies, pilot projects,
and long-term projects specified in subsection (a). Funds
appropriated under this section shall remain available until
expended.
SEC. 6. ADMINISTRATION OF WATER RIGHTS HELD BY THE UNITED STATES.
(a) In General.--To the extent that the Secretary or any other
department or agency of the United States has acquired or in the future
acquires water and water rights from the Walker River and its
tributaries such water and water rights--
(1) may not be changed except in compliance with
Administrative Rules and Regulations Regarding Change of Point
of Diversion, Manner of Use or Place of Use of Water of the
Walker River and its Tributaries adopted pursuant to the Walker
River Decree;
(2) shall be managed by the Secretary or another department
or agency of the United States for purposes consistent with the
purposes of this Act, including, but not limited to, the
utilization of water to augment instream flows for use within
the Walker River Water Bank or to otherwise benefit Walker
Lake, after consultation with the State of Nevada and the State
of California to ensure compliance with applicable State laws;
(3) may not be changed without the approval of the Walker
River Irrigation District, if they include stored water from
Bridgeport or Topaz Reservoirs; and
(4) if they are appurtenant to lands within the boundaries
of the Walker River Irrigation District may not be exercised
for any purpose unless the United States has paid all
assessments associated with such lands and water rights to the
Walker River Irrigation District.
(b) Limitation on Application.--The provisions of subsection (a) do
not apply to water rights held or acquired by the United States in
trust for the Walker River Paiute Tribe.
SEC. 7. MORATORIUM.
(a) In General.--Until the date that is 1 year after the date of
enactment of this Act and during the period in which a study or pilot
project under section 5(a) is undertaken, no court or administrative
tribunal shall have jurisdiction to hear or determine a claim or matter
related to a claim for additional water for the Walker River Indian
Reservation or for Walker Lake or a claim to amend the Walker River
Decree in any manner.
(b) Tolling.--Any applicable period of limitation shall be tolled
during the moratorium period under subsection (a).
(c) No Limitation on Jurisdiction.--Nothing in this Act affects the
jurisdiction of the United States district court for the District of
Nevada to ensure that owners of water rights recognized in the Walker
River Decree receive the quantity of water to which the owners are
entitled under the Decree.
SEC. 8. ACCESS TO INFORMATION.
No person may use information furnished in connection with or
derived from a study or pilot project under section 5(a) for any
purpose (including introduction as evidence in any court or
administrative proceeding) except for the purpose of facilitating
settlement under section 4.
SEC. 9. COMPLIANCE WITH WALKER RIVER DECREE.
The Secretary shall not take any action that would undermine,
contradict, or diminish the water rights confirmed in the Walker River
Decree other than action that the Secretary determines is necessary and
within the authority of the Secretary as trustee for the Walker River
Paiute Indian Tribe and members of the Tribe.
SEC. 10. EXISTING AUTHORITY.
Except as provided in section 7, nothing in this Act affects the
authority of the Secretary, the Walker River Paiute Indian Tribe, the
State of Nevada, or the State of California in existence on the date of
enactment of this Act. | Walker River Basin Act of 1997 - Directs the Secretary of the Interior, specified locally affected interests, and the State of California to initiate negotiations for the comprehensive and permanent settlement of all claims to waters of the Walker River in California and Nevada. Requires the Secretary to report to the Congress on any legislation required under the terms of such settlement.
Directs the Secretary to assist in the development and implementation of studies, pilot projects, or long-term projects necessary in the negotiation of such settlement. Makes the Federal share 75 percent of the total cost of any such study or project, with the remaining amounts allocated among the locally affected interests, California, and Nevada. Authorizes appropriations.
Provides for the protection and administration of U.S. water rights in Walker River water.
Provides a moratorium against any other claims concerning Walker River water for one year after the enactment of this Act and during the period of any required study or project.
Prohibits: (1) information derived from a study or project from being used for purposes other than the negotiation of a settlement; and (2) the Secretary from undermining, contradicting, or diminishing the water rights confirmed under the Walker River Decree (a decree issued by the U.S. District Court for the District of Nevada). | {"src": "billsum_train", "title": "Walker River Basin Act of 1997"} | 2,086 | 273 | 0.634524 | 1.892001 | 0.707368 | 2.794355 | 7.955645 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revolving Door Reform Act''.
SEC. 2. SPECIAL RULES FOR HIGHLY PAID EXECUTIVE APPOINTEES AND MEMBERS
OF CONGRESS AND HIGHLY PAID CONGRESSIONAL EMPLOYEES.
(a) Executive Branch.--Section 207(d) of title 18, United States
Code, is amended by adding at the end thereof the following:
``(3) Legislative branch restrictions.--
(A) High level.--Any person who--
``(i) serves in the position of President
or Vice President of the United States,
``(ii) is employed in a position in the
executive branch of the United States
(including any independent agency) at a rate of
pay payable for level I of the Executive
Schedule or is employed in a position in the
Executive Office of the President at a rate of
pay payable for level II of the Executive
Schedule, or
``(iii) is appointed by the President to a
position under section 105(a)(2)(A) of title 3
or by the Vice President to a position under
section 106(a)(1)(A) of title 3,
may not, during the one-year period beginning on the
date of such person's termination of service or
employment, knowingly make, with the intent to
influence, any communication to or appearance before
any Member, officer, or employee of either House of
Congress or any employee of any other legislative
office of Congress on behalf of any other person
(except the United States) in connection with any
matter on which such person seeks action by such a
Member or officer or employee acting in the Member's or
officer's or employee's official capacity. During such
one-year period such a person may not hold a
supervisory position over any person who is likely to
make such a communication or appearance.
``(B) Mid level.--Any person--
``(i)(I) whose position is listed under
section 5312 of title 5,
``(II) is employed in a full-time,
noncareer position in the Executive Office of
the President, or
``(III) is a full-time, noncareer
Presidential, Vice Presidential, or agency head
appointee in an executive agency,
``(ii) whose rate of basic pay is not less
than $110,000 (adjusted for any COLA after the
date of enactment of the Revolving Door Reform
Act), and
``(iii) is not an appointee of the senior
foreign service or a uniformed service
commissioned officer,
may not, during the one-year period beginning on the
date of such person's termination of service or
employment, knowingly make, with the intent to
influence, any communication to or appearance before
any Member, officer, or employee of either House of
Congress or any employee of any other legislative
office of Congress on behalf of any other person
(except the United States) in connection with any
matter on which such person seeks action by such a
Member or officer or employee acting in the Member's or
officer's or employee's official capacity on behalf of
any other person (except the United States) in
connection with any matter on which such person seeks
action by such a Member or officer or employee acting
in the Member's or officer's or employee's official
capacity. During such one-year period such a person may
not hold a supervisory position over any person who is
likely to make such a communication or appearance.''.
(b) Legislative Branch.--Section 207(e) of title 18, United States
Code, is amended by redesignating paragraph (7) as paragraph (8) and by
adding after paragraph (6) the following:
``(7) Appearances before executive branch.--Any person who
is--
``(A) a Member of Congress,
``(B) an elected officer of either House of
Congress, or
``(C) employed in a position by the Congress at a
rate of pay equal to or greater than $110,000 (adjusted
for any COLA after the date of enactment of the
Revolving Door Reform Act),
may not, during the one-year period after that person leaves
office or leaves employment, knowingly make, with the intent to
influence, any communication to or appearance before any person
who serves in the position of President or Vice President of
the United States or any officer or employee of a department or
agency on behalf of any other person (except the United States)
in connection with any matter on which such person seeks
official action by such a person or officer or employee. During
such 2-year period such a person may not hold a supervisory
position over any person who is likely to make such a
communication or appearance.''. | Revolving Door Reform Act - Amends the Federal criminal code to prohibit the President or Vice President, any person employed in the executive branch at a rate payable for level I of the Executive Schedule or in a position in the Executive Office of the President (Executive Office) at a rate payable for level II, and specified high-level presidential or vice presidential appointees, for one year after such person's termination of service or employment, from: (1) knowingly making, with intent to influence, any communication or appearance before any Member, officer, or employee of Congress on behalf of any other person seeking action by such a Member in his or her official capacity; or (2) holding a supervisory position over any person who is likely to make such a communication or appearance.
Sets forth a similar prohibition with respect to any person whose position is listed at level I of the Executive Schedule, who is employed in a full-time, noncareer position in the Executive Office, or who is a full-time, noncareer presidential, vice presidential, or agency head appointee in an executive agency whose rate of basic pay is not less than $110,000 and is not an appointee of the senior foreign service or a uniformed service commissioned officer.
Prohibits any Member of Congress, elected officer of either House, or congressional employee with a rate of pay of $110,000 or above, for one year after leaving office or employment, from: (1) knowingly making, with intent to influence, any communication to or appearance before the President, Vice President, or any officer or employee of a department or agency on behalf of any other person seeking official action; or (2) holding a supervisory position over any person who is likely to make such a communication or appearance. | {"src": "billsum_train", "title": "Revolving Door Reform Act"} | 1,073 | 384 | 0.767698 | 2.208539 | 0.95437 | 4.249275 | 2.837681 | 0.921739 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Public Health
Emergency Planning and Information Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Finding.
Sec. 3. Definitions.
Sec. 4. Public health crisis education, information, and grant program.
Sec. 5. Health disaster mitigation grant program for medicare
hospitals.
Sec. 6. Post-disaster compensation funding for medicare hospitals.
SEC. 2. FINDING.
The Senate finds that, during a public health crisis, such as a
deliberate act of bioterrorism or a natural epidemic, qualified
professionals should be able to deliver accurate and timely information
to the public in order to prevent panic and to promote public health.
SEC. 3. DEFINITIONS.
In this Act:
(1) Medicare hospital.--The term ``medicare hospital''
means a hospital (as defined in section 1861(e) of the Social
Security Act (42 U.S.C. 1395x(e))) that has entered into an
agreement under section 1866 of such Act (42 U.S.C. 1395cc) or
a critical access hospital (as defined in section 1861(mm)(1)
of such Act (42 U.S.C. 1395x(mm)(1))).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. PUBLIC HEALTH CRISIS EDUCATION, INFORMATION, AND GRANT PROGRAM.
(a) Establishment of Program.--
(1) In general.--The Secretary, acting through the Office
of Emergency Preparedness of the Public Health Service, shall
carry out a public health crisis education, information, and
grant program in accordance with the provisions of this
section.
(2) Consultation.--In carrying out the public health crisis
education, information, and grant program under this section,
the Secretary shall consult with the Director of the Federal
Emergency Management Agency.
(b) Publication of Educational Materials.--
(1) In general.--The Secretary shall publish public health
crisis educational materials for use by medicare hospitals and
the general public.
(2) Contents.--The educational materials published under
paragraph (1) shall contain--
(A) in the case of materials for medicare
hospitals, information regarding--
(i) basic personal safety of the staff of
the hospital during an epidemic resulting from
natural causes or bioterrorism; and
(ii) planning a response to such an
epidemic; and
(B) in the case of materials for the general
public, information that--
(i) addresses--
(I) basic personal safety,
planning, and emergency preparedness
for families; and
(II) essential facts about the
symptoms and best responses to
suspected exposures to the biological
agents that the Secretary determines to
be the highest risk for bioterrorist
use; and
(ii) is designed to prepare the public for
the most likely foreseeable bioterrorism events
in order to avert panic and misinformation.
(3) Exclusion of medical advice.--The educational materials
published under paragraph (1) shall not include advice on how
to treat victims of an epidemic resulting from natural causes
or bioterrorism.
(4) Distribution.--
(A) In general.--Not later than January 31, 2002,
the Secretary shall distribute the public health crisis
educational materials published under paragraph (1) to
the public through the Health Alert Network of the
Centers for Disease Control and Prevention.
(B) Internet availability.--In addition to
distributing the educational materials under
subparagraph (A), the Secretary shall make such
materials available on the Internet.
(c) Information Regarding Community and Media Communications.--
(1) In general.--The Secretary shall publish information
regarding community and media communications for medicare
hospitals.
(2) Contents.--The information under paragraph (1) shall
contain basic information regarding--
(A) the materials available through the Centers for
Disease Control and Prevention relating to
communications between medicare hospitals and the
media; and
(B) the identification of likely biological agents
that may cause an epidemic.
(3) Distribution.--Not later than January 31, 2002, the
Secretary shall distribute the information published under
paragraph (1) to medicare hospitals.
(4) Authority to award grants.--
(A) In general.--Subject to subparagraph (B), the
Secretary may award grants to medicare hospitals that
have submitted applications in accordance with
paragraph (6).
(B) Maximum amount of grant.--The aggregate amount
of grants awarded to a hospital under this paragraph
during a year may not exceed $5,000.
(5) Use of funds.--Grants awarded under paragraph (4) may
be used for activities such as--
(A) to adapt the educational materials distributed
under subsection (b) for local use; and
(B) to assist hospitals in applying the information
regarding community and media relations distributed
under subsection (c) and in developing ties with the
local and regional media.
(6) Application.--A medicare hospital seeking a grant under
paragraph (4) shall submit an application to the Secretary at
such time, in such form and manner, and containing such
information as the Secretary may require.
(d) Program for Communication to Press and Public.--The Secretary,
acting through the Office of Communication of the Centers for Disease
Control and Prevention, shall establish a program to provide the
necessary staff and resources to communicate with the public and the
press during a public health crisis, to maintain updated media
resources, and to promote public health awareness in the course of the
regular activities of the Centers for Disease Contol and Prevention.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$5,000,000 for fiscal year 2002 to carry out this section
(other than subsection (d)).
(2) Communication program.--There are authorized to be
appropriated $5,000,000 for fiscal year 2002 to carry out
subsection (d)).
(3) Availability.--Any amounts appropriated under the
authority contained in this subsection shall remain available,
without fiscal year limitation, through September 30, 2011.
SEC. 5. HEALTH DISASTER MITIGATION GRANT PROGRAM FOR MEDICARE
HOSPITALS.
(a) Epidemic Training, Recognition, and Response Standards
Defined.--In this section, the term ``epidemic training, recognition,
and response standards'' means standards identified by the Secretary as
being designed to educate the staff of medicare hospitals regarding
epidemics resulting from natural causes or bioterrorism and to enable
such staff to effectively recognize and respond to such epidemics.
Standards that the Secretary may identify include the following:
(1) Emergency management guidelines developed by the Joint
Commission of Accreditation of Healthcare Organizations.
(2) Curricula for emergency medicine developed by the
American College of Emergency Physicians.
(3) Standards developed by a Federal agency responsible for
homeland security.
(4) Any other standards that the Secretary determines
appropriate.
(b) Grants Authorized.--The Secretary may award grants to medicare
hospitals that have submitted applications in accordance with
subsection (d) for the purpose of assisting such hospitals in meeting
the epidemic training, recognition, and response standards.
(c) Use of Funds.--
(1) In general.--Subject to paragraph (2), grants awarded
under subsection (b) may be used for activities such as--
(A) training the staffs of medicare hospitals in
emergency medicine in accordance with the epidemic
training, recognition, and response standards;
(B) increasing communication between medicare
hospitals, health care systems, prehospital emergency
responders, and law enforcement personnel in accordance
with such standards;
(C) purchasing pharmaceuticals and supplies
required by such standards intended for use only in
public health emergencies; and
(D) purchasing decontamination or safety equipment
required by such standards.
(2) Supplement and not supplant.--Funds made available
under a grant awarded under subsection (b) shall be used to
supplement and not supplant other Federal, State, and local
funds expended for the activities described in paragraph (1).
(d) Application.--A medicare hospital (or a consortium of medicare
hospitals) seeking a grant under this section shall submit an
application to the Secretary at such time, in such form and manner, and
containing such information as the Secretary may require.
(e) Approval.--In approving applications submitted under subsection
(d), the Secretary shall give priority to those applications that are
submitted by a consortium of medicare hospitals.
(f) Maximum Amount of Grant.--A grant awarded under this section
may not exceed $5,000,000.
(g) Medicare Hospital Required To Furnish Secretary With
Information.--A medicare hospital receiving a grant under this section
shall furnish the Secretary with such information as the Secretary may
require--
(1) to evaluate the activity for which the grant is made;
and
(2) to ensure that funding provided under the grant is
expended for the purposes for which it is made.
(h) Reports.--
(1) Interim reports.--
(A) In general.--The Secretary shall submit, at
least annually, a report on the grant program
established under this section to the appropriate
committees of Congress.
(B) Contents.--A report submitted under
subparagraph (A) shall include information on--
(i) the number of grants made;
(ii) the nature of the activities for which
funding is provided under the grant program;
(iii) the geographic distribution of grant
recipients; and
(iv) such other matters as the Secretary
determines appropriate.
(2) Final report.--Not later than 6 months after the
completion of all of the activities for which a grant is made
under this section, the Secretary shall submit a final report
to the committees referred to in paragraph (1)(A) on the grant
program established under this section, together with such
recommendations for legislation and administrative action as
the Secretary determines appropriate.
(i) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
$250,000,000, for fiscal year 2002, to carry out this section.
(2) Availability.--Any amounts appropriated under the
authority contained in paragraph (1) shall remain available,
without fiscal year limitation, through September 30, 2011.
SEC. 6. POST-DISASTER COMPENSATION FUNDING FOR MEDICARE HOSPITALS.
(a) Grants Authorized.--The Secretary may award grants to medicare
hospitals that serve an area that the President has determined warrants
assistance by the Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act due to the direct effects
of an epidemic that have submitted applications in accordance with
subsection (c) for the purpose of reimbursing the costs described in
subsection (b).
(b) Use of Funds.--
(1) In general.--Subject to paragraph (2), grants awarded
under subsection (a) may be used to reimburse the following
costs:
(A) The cost of replacing decontamination or safety
equipment that was used during the period for which the
President has determined assistance is warranted under
subsection (a) to restore emergency preparedness.
(B) The cost of providing health care to uninsured
individuals during such a period.
(C) The cost of paying unexpected overtime
compensation to primary and secondary health care
providers who were needed to create temporary surge
capacity during such a period.
(2) Supplement and not supplant.--Funds made available
under a grant awarded under subsection (a) shall be used to
supplement and not supplant other Federal, State, and local
funds expended to reimburse the costs described in paragraph
(1).
(c) Application.--A medicare hospital seeking a grant under this
section shall submit an application to the Secretary at such time, in
such form and manner, and containing such information as the Secretary
may require.
(d) Maximum Amount of Grant.--A grant awarded under this section
may not exceed $1,000,000.
(e) Medicare Hospital Required To Furnish Secretary With
Information.--A medicare hospital receiving a grant under this section
shall furnish the Secretary with such information as the Secretary may
require to ensure that funding provided under the grant is expended for
the purposes for which it is made.
(f) Reports.--
(1) Interim reports.--
(A) In general.--The Secretary shall submit, at
least annually, a report on the grant program
established under this section to the appropriate
committees of Congress.
(B) Contents.--A report submitted under
subparagraph (A) shall include information on--
(i) the number of grants made;
(ii) the nature of the costs reimbursed
under the grant program;
(iii) the geographic distribution of grant
recipients; and
(iv) such other matters as the Secretary
determines appropriate.
(2) Final report.--Not later than March 30, 2011, the
Secretary shall submit a final report to the committees
referred to in paragraph (1)(A) on the grant program
established under this section, together with such
recommendations for legislation and administrative action as
the Secretary determines appropriate.
(g) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
$50,000,000, for fiscal year 2002, to carry out this section.
(2) Availability.--Any amounts appropriated under the
authority contained in paragraph (1) shall remain available,
without fiscal year limitation, through September 30, 2011. | Public Health Emergency Planning and Information Act of 2001 - Directs the Secretary of Health and Human Services to: (1) carry out a public health crisis education, information, and grant program; (2) publish public health crisis educational materials for use by Medicare hospitals and the general public; (3) publish information regarding community and media communications for Medicare hospitals; and (4) establish a program to provide the necessary staff and resources to communicate with the public and the press during a public health crisis, to maintain updated media resources, and to promote public health awareness in the course of the regular activities of the Centers for Disease Control and Prevention.Authorizes the Secretary to award grants to applicant Medicare hospitals to: (1) adopt such educational materials for local use and to assist hospitals in applying such information on community and media relations and in developing ties with the local and regional media; (2) assist such hospitals in meeting epidemic training, recognition, and response standards identified by the Secretary as designed to educate Medicare hospital staff regarding epidemics resulting from natural causes or bioterrorism, and to enable such staff to effectively recognize and respond to such epidemics; and (3) reimburse such hospitals that serve an area that the President has determined warrants assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act due to the direct effects of an epidemic to reimburse for specified post-disaster costs. | {"src": "billsum_train", "title": "A bill to ensure that hospitals that participate in the medicare program under title XVIII of the Social Security Act are able to appropriately recognize and respond to epidemics resulting from natural causes and bioterrorism."} | 2,901 | 275 | 0.596188 | 1.831909 | 0.850596 | 6.100746 | 10.11194 | 0.981343 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Chronic Care Rapid Learning
Network (MCCRLN) Act of 2009''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Two-thirds of all Medicare spending involves
beneficiaries living with 5 or more chronic conditions.
(2) Eighty-four percent of people ages 65 to 70 live with
at least one of the following chronic conditions: hypertension,
heart disease or heart attack, cancer, diabetes, arthritis, or
high cholesterol.
(3) Medicare beneficiaries with chronic conditions are more
likely to undergo duplicative tests, receive contradictory
information from their health care providers, experience
adverse responses to medications, and undergo hospital visits
that could have been prevented.
(4) Both traditional fee-for-service Medicare and Medicare
Advantage are not currently configured to meet the unique needs
of beneficiaries living with multiple chronic conditions.
(5) Care for these patients is typically fragmented and
delivered by multiple providers working at multiple sites.
(6) Medicare has implemented a number of demonstration
projects focused on ways to improve care for beneficiaries with
multiple chronic conditions, yet there has been limited
translation of evidence-based results to the wider chronic care
community in a timely manner.
(7) Using evidence-based approaches to care coordination
and care management have shown promise in reducing illness
burden and improving health for at-risk patients, but the
evidence is not easy to consistently translate into practice.
(8) As the population of Medicare beneficiaries living with
multiple chronic conditions continues to increase, the Centers
for Medicare & Medicaid Services should seek more effective
actions to test various care models, analyze the outcomes, and
implement evidence-based best practices as soon as possible.
(9) The United States Government should partner with
qualified and experienced health care institutions and
universities already serving these beneficiaries to effectively
and efficiently develop, evaluate, and translate improvements
in coordinated care for them. Generating this information and
supporting its translation into clinical practice will serve
beneficiaries far more effectively.
SEC. 3. MEDICARE CHRONIC CARE RAPID LEARNING NETWORK TO DEVELOP AND
APPLY IMPROVED PRACTICES IN COORDINATED CARE FOR MEDICARE
BENEFICIARIES WITH MULTIPLE, CHRONIC CONDITIONS.
(a) Establishment.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall establish in accordance with this section a Medicare
Chronic Care Rapid Learning Network (in this section referred
to as the ``Network'').
(2) Duration.--The initial period of the Network shall be
not less than five years. The Secretary may extend or make
permanent the Network if the Network's performance demonstrates
benefit to the Medicare program. The Secretary may continue or
make permanent any network project site if--
(A)(i) the costs to the Medicare program resulting
from activities carried out by such site pursuant to
this section are not more than the costs to such
program without application of this section; and
(ii) such activities result in improved quality of
care furnished to Medicare beneficiaries who have two
or more chronic illnesses; or
(B) the costs to the Medicare program resulting
from activities carried out by such site pursuant to
this section are less than the costs to such program
without application of this section.
(b) Purpose and Duties of Network.--
(1) Purpose.--The purpose of the Network is to enable
highly qualified health care organizations and universities to
form a stable and flexible research infrastructure that
accelerates the development and deployment of evidence-based
chronic care management practices for Medicare beneficiaries
with multiple, chronic conditions.
(2) Duties of the network.--
(A) In general.--The Network shall develop and
evaluate evidence-based chronic care management
practices for Medicare beneficiaries who have two or
more chronic illnesses, with a focus on such
beneficiaries who are provided benefits under the
Medicare fee-for-service program and whose care is most
costly. In carrying out its duties, the Network shall
use and build upon applicable interventions that have
been proven successful through demonstrations carried
out by the Centers for Medicare & Medicaid Services,
including the Medicare Coordinated Care Demonstration
project.
(B) Specific duties.--The Network shall--
(i) research, design, implement, test, and
validate specific interventions designed to
improve care management for Medicare
beneficiaries with multiple chronic conditions;
(ii) provide a reproducible, reliable, and
scalable framework to standardize and translate
best practices for all Medicare beneficiaries;
and
(iii) not later than 90 days after the date
of the enactment of this Act, establish target
enrollment numbers and capitated payment rates
for care management interventions to be
established for each Medicare Chronic Care
Rapid Learning Network site.
(c) Membership.--
(1) Initial sites.--The network shall initially consist of
not less than 12 network project sites. Nothing in this Act
prohibits more than 1 network project site from participating
under this section together as a network.
(2) Additional sites.--The Secretary may appoint network
project sites, in addition to such initial sites under
paragraph (1), to the network either as standing members or in
order to meet the goals of a specific project if such sites
satisfy each of the characteristics described in subparagraph
(B).
(3) Required characteristics of network.--The network shall
collectively--
(A) be a group of health care organizations,
universities, or researchers and clinicians in health
care organizations or universities experienced in
research and direct delivery of care management
services for Medicare beneficiaries;
(B) have previously participated in care
coordination projects, demonstrations, or research
projects (or any combination of such projects); and
(C) have demonstrated an existing ability to
interact with each other to design and implement
projects and share and analyze information.
(d) Coordinating Center.--A Coordinating Center shall be
established to facilitate network communication, training of network
project sites, and development and reporting of performance and
implementation metrics.
(e) Advisory Board.--The Network shall have an Advisory Board (in
this section referred to as the ``Board'') composed of the following:
(1) CMS administrator.--The Administrator of the Centers
for Medicare & Medicaid Services, who shall serve as chairman
of the Board and head of the Network.
(2) Appointed members.--
(A) Initial appointments.--Twelve individuals
appointed by the Secretary to serve on the Board,
including one individual representing each network
site.
(B) Additional members.--Any additional members to
the Board, which the Secretary may appoint, including
representatives from other relevant Federal agencies,
experts in the fields of quality improvement, public
health, geriatrics, research methodology, health
economists, and other individuals to the extent the
Secretary determines such additions further the work of
the Network.
(f) Project Evaluations.--The Board shall provide for both an
internal and external evaluation of each Network project. Network
members will receive timely and regular access to data for purposes of
modifying, refining, and evaluating the project under study.
(g) Biennial Reports.--
(1) Congressional reports.--Beginning not later than 2
years after the date of the establishment of the Network, the
Secretary shall submit to the appropriate committees of
Congress biennial reports on the Network.
(2) Public reports on care models.--Every two years, the
Network shall develop and the Secretary shall issue a public
report of recommended practices and guidelines for chronic care
that summarizes the care models the Network has found to be
most effective in managing Medicare beneficiaries with
multiple, chronic problems.
(h) Waiver.--The Secretary shall waive such provisions of title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) as may be
necessary for the Network to conduct activities under this section.
(i) Funding.--There are authorized to be appropriated from the
Federal Hospital Insurance Trust Fund under section 1817 of the Social
Security Act (42 U.S.C. 1395i) and from the Federal Supplementary
Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C.
1395t), in such proportions as the Secretary determines to be
appropriate, $60,000,000 to carry out this section during the 5-year
period beginning with fiscal year 2010.
(j) Definitions.--For purposes of this section:
(1) Medicare program.--The term ``Medicare program'' means
the programs under title XVIII of the Social Security Act.
(2) Network project site.--The term ``Network project
site'' means the site of a chronic care management program
conducted under the authority of the Network. | Medicare Chronic Care Practice Research Network Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a Medicare Chronic Care Rapid Learning Network to develop and evaluate evidence-based chronic care management for Medicare beneficiaries with multiple, chronic illnesses, with a focus on beneficiaries under the Medicare fee-for-service program whose care is most costly. | {"src": "billsum_train", "title": "To establish a Medicare Chronic Care Rapid Learning Network to develop and apply improved practices in care management for Medicare beneficiaries with multiple chronic conditions."} | 1,885 | 76 | 0.547686 | 1.422568 | 0.896267 | 4.594203 | 25.710145 | 0.971014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Two-Midnight Rule Delay Act of
2013''.
SEC. 2. ENFORCEMENT DELAY OF MEDICARE TWO-MIDNIGHT RULE TO PERMIT
DEVELOPMENT OF A NEW MEDICARE PAYMENT METHODOLOGY FOR
SHORT INPATIENT HOSPITAL STAYS.
(a) Delay in Enforcement of Two-Midnight Rule.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall not
enforce the provisions of the two-midnight rule (as defined in
paragraph (2)) with respect to admissions to a hospital (as
defined in subsection (d)) for which payment is made under the
Medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) for admissions occurring before
October 1, 2014.
(2) Two-midnight rule defined.--In this section, the term
``two-midnight rule'' means the following numbered amendments
to 42 CFR Chapter IV contained in the IPPS FY 2014 Final Rule
(and includes any sub-regulatory guidance issued in the
implementation of such amendments and any portion of the
preamble of section XI.C. of such rule relating to such
amendments):
(A) Amendment 2 (on page 50965), which adds a
section 412.3 of title 42, Code of Federal Regulations
(relating to admissions).
(B) Amendment 3 (on page 50965), which revises
section 412.46 of such title (relating to medical
review requirements).
(C) Amendment 23 (on page 50969), which amends
paragraphs (d) and (e)(2) of section 424.11 of such
title (relating to conditions of payment: General
procedures).
(D) Amendment 24 (on pages 50969 and 50970), which
revises section 424.13 of such title (relating to
requirements for inpatient services of hospitals other
than inpatient psychiatric facilities).
(E) Amendment 25 (on page 50970), which revises
paragraphs (a), (b), (d)(1), and (e) of section 424.14
of such title (relating to requirements for inpatient
services of inpatient psychiatric facilities).
(F) Amendment 26 (on page 50970), which revises
section 424.15 of such title (relating to requirements
for inpatient CAH services).
(3) IPPS fy 2014 final rule defined.--In this section, the
term ``IPPS FY 2014 Final Rule'' means the final rule (CMS-
1599-F, CMS-1455-F) published by the Centers for Medicare &
Medicaid Services in the Federal Register on August 19, 2013,
entitled ``Medicare Program; Hospital Inpatient Prospective
Payment Systems for Acute Care Hospitals and the Long-Term Care
Hospital Prospective Payment System and Fiscal Year 2014 Rates;
Quality Reporting Requirements for Specific Providers; Hospital
Conditions of Participation; Payment Policies Related to
Patient Status'' (78 Federal Register 50496 et seq.).
(4) Application to medicare review contractors.--
(A) In general.--Paragraph (1) shall also apply to
Medicare review contractors (as defined in subparagraph
(B)). No Medicare review contractor may deny a claim
for payment for inpatient hospital services furnished
by a hospital, or inpatient critical access hospital
services furnished by a critical access hospital, for
which payment may be made under title XVIII of the
Social Security Act for discharges occurring before the
date specified in paragraph (1)--
(i) for medical necessity due to the length
of an inpatient stay in such hospital or due to
a determination that the services could have
been provided on an outpatient basis; or
(ii) for requirements for orders,
certifications, or recertifications, and
associated documentation relating to the
matters described in clause (i).
(B) Medicare review contractor defined.--In
subparagraph (A), the term ``Medicare review
contractor'' means any contractor or entity that has
entered into a contract or subcontract with the Centers
for Medicare & Medicaid Services with respect to the
Medicare program to review claims for items and
services furnished for which payment is made under
title XVIII of the Social Security Act, including--
(i) Medicare administrative contractors
under section 1874A of the Social Security Act
(42 U.S.C. 1395kk-1); and
(ii) recovery audit contractors under
section 1893(h) of such Act (42 U.S.C.
1395ddd(h)).
(5) Continuation of medicare probe and educate program for
inpatient hospital admissions.--
(A) In general.--Subject to subparagraph (B),
nothing in this subsection shall be construed to
preclude the Secretary from continuing the conduct by
Medicare administrative contractors of the Medicare
Probe and Educate program (as defined in subparagraph
(C)) for hospital admissions during the delay of
enforcement under paragraph (1).
(B) Maintenance of sample prepayment record
limits.--The Secretary may not increase the sample of
claims selected for prepayment review under the
Medicare Probe and Educate program above the number and
type established by the Secretary under such program as
of November 4, 2013, such as 10 claims for most
hospitals and 25 claims for large hospitals.
(C) Medicare probe and educate program defined.--In
this paragraph, the term ``Medicare Probe and Educate
program'' means the program established by the
Secretary as in effect on November 4, 2013 (and
described in a public document made available by the
Centers for Medicare & Medicaid Services on its Website
entitled ``Frequently Asked Questions 2 Midnight
Inpatient Admission Guidance & Patient Status Reviews
for Admissions on or after October 1, 2013'') under
which Medicare administrative contractors--
(i) conduct prepayment patient status
reviews for inpatient hospital claims with
dates of admission on or after October 1, 2013,
and before March 31, 2014; and
(ii) based on the results of such
prepayment patient status reviews, conduct
educational outreach efforts during the
following 3 months.
(b) Short Inpatient Hospital Stay Payment Methodology.--
(1) In general.--The Secretary shall develop a payment
methodology under the Medicare program for hospitals for short
inpatient hospital stays (as defined in paragraph (2)). Such
payment methodology may be a reduced payment amount for such
inpatient hospital services than would otherwise apply if paid
for under section 1886(d) of the Social Security Act (42 U.S.C.
1395ww(d)) or may be an alternative payment methodology. The
Secretary shall promulgate such payment methodology as part of
the annual regulations implementing the Medicare hospital
inpatient prospective payment system for fiscal year 2015.
(2) Short inpatient hospital stay defined.--In this
section. the term ``short inpatient hospital stay'' means, with
respect to an inpatient admission of an individual entitled to
benefits under part A of title XVIII of the Social Security Act
to a hospital, a length of stay that is less than the length of
stay required to satisfy the 2-midnight benchmark described in
section 412.3 of title 42, Code of Federal Regulation, as
amended under the Amendment 2 referred to in subsection
(a)(2)(A).
(c) Crosswalk of ICD-10 Codes and CPT Codes; Crosswalk of DRG and
CPT Codes.--
(1) ICD10-to-CPT crosswalk.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall
develop general equivalency maps (referred to in this
subsection as ``crosswalks'') to link the relevant ICD-
10 codes to relevant CPT codes, and the relevant CPT
codes to relevant ICD-10 codes, in order to permit
comparisons of inpatient hospital services, for which
payment is made under section 1886 of the Social
Security Act (42 U.S.C. 1395ww), and hospital
outpatient department services, for which payment is
made under section 1833(t) of such Act (42 U.S.C.
1395l(t)). In this subsection the terms ``ICD-10
codes'' and ``CPT codes'' include procedure as well as
diagnostic codes.
(B) Process.--
(i) In general.--In carrying out
subparagraph (A), the Secretary shall develop a
proposed ICD10-to-CPT crosswalk which shall be
made available for public comment for a period
of not less than 60 days.
(ii) Notice.--The Secretary shall provide
notice of the comment period through the
following:
(I) Publication of notice of
proposed rulemaking in the Federal
Register.
(II) A solicitation posted on the
Internet Website of the Centers for
Medicare & Medicaid Services.
(III) An announcement on the
Internet Website of the Centers for
Medicare & Medicaid Services of the
availability of the proposed crosswalk
and the deadline for comments.
(IV) A broadcast through an
appropriate Listserv operated by the
Centers for Medicare & Medicaid
Services.
(iii) Use of the icd-9-cm coordination and
maintenance committee.--The Secretary also
shall instruct the ICD-9-CM Coordination and
Maintenance Committee to convene a meeting to
receive input from the public regarding the
proposed ICD10-to-CPT crosswalk.
(iv) Publication of final crosswalks.--
Taking into consideration comments received on
the proposed crosswalk, the Secretary shall
publish a final ICD10-to-CPT crosswalk under
subparagraph (A) and shall post such crosswalk
on the Internet Website of the Centers for
Medicare & Medicaid Services.
(v) Updating.--The Secretary shall update
such crosswalk on an annual basis.
(2) DRG-to-APC crosswalk.--
(A) In general.--The Secretary shall, using the
ICD10-to-CPT crosswalk developed under paragraph (1),
develop a second crosswalk between diagnosis-related
group (DRG) codes for inpatient hospital services and
Ambulatory Payment Class (APC) codes for outpatient
hospital services.
(B) Data to be used.--In developing such crosswalk,
the Secretary shall use claims data for inpatient
hospital services for discharges occurring in fiscal
years beginning with fiscal year 2015 and for
outpatient hospital services furnished in years
beginning with 2015.
(C) Publication.--Not later than June 30, 2017, the
Secretary shall publish the DRG-to-APC crosswalk
developed under this paragraph.
(d) Hospital Defined.--For purposes of this section, the term
``hospital'' means the following (insofar as such terms are used under
title XVIII of the Social Security Act):
(1) An acute care hospital.
(2) A critical access hospital.
(3) A long-term care hospital.
(4) An inpatient psychiatric facility. | Two-Midnight Rule Delay Act of 2013 - Prohibits the Secretary of Health and Human Services (HHS) from enforcing the two-midnight rule to a hospital for which payment is made under title XVIII (Medicare) of the Social Security Act for admissions occurring before October 1, 2014. (The two-midnight rule allows Medicare coverage of only hospital stays for which a physician admits to a hospital a beneficiary expected to require care that crosses two midnights, but generally denies coverage of care expected to require less than a two-midnight stay.) Applies such prohibition to Medicare review contracts. Prohibits Medicare review contractors from denying a claim for inpartient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, for discharges occurring before October 1, 2014: (1) for medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (2) for requirements for orders, certifications, or recertifications, and associated documentation relating to such matters. Prohibits the Secretary from increasing the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary as of November 4, 2013. Directs the Secretary to develop: (1) a Medicare hospital payment methodology for short inpatient hospital stays; (2) general equivalency maps to link the relevant International Statistical Classification of Diseases and Related Health Problems (ICD)-10 codes (used to report medical diagnoses and inpatient procedures) to relevant Current Procedural Terminology (CPT) codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparison of inpatient hospital services and hospital outpatient department servives; and (3) a second crosswalk between Diagnosis-Related Group (DRG) codes for inpatient hospital services and Ambulatory Payment Class codes for outpatient hospital services. | {"src": "billsum_train", "title": "Two-Midnight Rule Delay Act of 2013"} | 2,439 | 455 | 0.607233 | 2.054288 | 0.737136 | 4.228412 | 5.949861 | 0.880223 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tonto and Coconino National Forests
Land Exchange Act''.
TITLE I--TONTO AND COCONINO NATIONAL FORESTS LAND EXCHANGE
SEC. 101. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Certain private lands adjacent to the Montezuma Castle
National Monument in Yavapai County, Arizona, are desirable for
Federal acquisition to protect important riparian values along
Beaver Creek and the scenic backdrop for the National Monument.
(2) Certain other inholdings in the Coconino National
Forest are desirable for Federal acquisition to protect
important public values near Double Cabin Park.
(3) Approximately 108 acres of land within the Tonto
National Forest, northeast of Payson, Arizona, are currently
occupied by 45 residential cabins under special use permits
from the Secretary of Agriculture, and have been so occupied
since the mid-1950s, rendering such lands of limited use and
enjoyment potential for the general public. Such lands are,
therefore, appropriate for transfer to the cabin owners in
exchange for lands that will have higher public use values.
(4) In return for the privatization of such encumbered
lands the Secretary of Agriculture has been offered
approximately 495 acres of non-Federal land (known as the Q
Ranch) within the Tonto National Forest, east of Young,
Arizona, in an area where the Secretary has completed previous
land exchanges to consolidate public ownership of National
Forest lands.
(5) The acquisition of the Q Ranch non-Federal lands by the
Secretary will greatly increase National Forest management
efficiency and promote public access, use, and enjoyment of the
area and surrounding National Forest System lands.
(b) Purpose.--The purpose of this title is to authorize, direct,
facilitate, and expedite the consummation of the land exchanges set
forth herein in accordance with the terms and conditions of this title.
SEC. 102. DEFINITIONS.
As used in this title:
(1) DPSHA.--The term ``DPSHA'' means the Diamond Point
Summer Homes Association, a nonprofit corporation in the State
of Arizona.
(2) Federal land.--The term ``Federal land'' means land to
be conveyed into non-Federal ownership under this title.
(3) FLPMA.--The term ``FLPMA'' means the Federal Land
Policy Management Act of 1976.
(4) MCJV.--The term ``MCJV'' means the Montezuma Castle
Land Exchange Joint Venture Partnership, an Arizona
Partnership.
(5) Non-federal land.--The term ``non-Federal land'' means
land to be conveyed to the Secretary of Agriculture under this
title.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, unless otherwise specified.
SEC. 103. MONTEZUMA CASTLE LAND EXCHANGE.
(a) Land Exchange.--Upon receipt of a binding offer from MCJV to
convey title acceptable to the Secretary to the land described in
subsection (b), the Secretary shall convey to MCJV all right, title,
and interest of the United States in and to the Federal land described
in subsection (c).
(b) Non-Federal.--The land described in this subsection is the
following:
(1) The approximately 157 acres of land adjacent to the
Montezuma Castle National Monument, as generally depicted on
the map entitled ``Montezuma Castle Contiguous Lands'', dated
May 2002.
(2) Certain private land within the Coconino National
Forest, Arizona, comprising approximately 108 acres, as
generally depicted on the map entitled ``Double Cabin Park
Lands'', dated September 2002.
(c) Federal Land.--The Federal land described in this subsection is
the approximately 222 acres in the Tonto National Forest, Arizona, and
surveyed as Lots 3, 4, 8, 9, 10, 11, 16, 17, and Tract 40 in section
32, Township 11 North, Range 10 East, Gila and Salt River Meridian,
Arizona.
(d) Equal Value Exchange.--The values of the non-Federal and
Federal land directed to be exchanged under this section shall be equal
or equalized as determined by the Secretary through an appraisal
performed by a qualified appraiser mutually agreed to by the Secretary
and MCJV and performed in conformance with the Uniform Appraisal
Standards for Federal Land Acquisitions (U.S. Department of Justice,
December 2000), and section 206(d) of the FLPMA (43 U.S.C. 1716(d)). If
the values are not equal, the Secretary shall delete Federal lots from
the conveyance to MCJV in the following order and priority, as
necessary, until the values of Federal and non-Federal land are within
the 25 percent cash equalization limit of 206(b) of FLPMA:
(1) Lot 3.
(2) Lot 4.
(3) Lot 9.
(4) Lot 10.
(5) Lot 11.
(6) Lot 8.
(e) Cash Equalization.--Any difference in value remaining after
compliance with subsection (d) shall be equalized by the payment of
cash to the Secretary or MCJV, as the circumstances dictate, in
accordance with section 206(b) of FLPMA (43 U.S.C. 1716(b)). Public Law
90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'') shall,
without further appropriation, apply to any cash equalization payment
received by the United States under this section.
SEC. 104. DIAMOND POINT--Q RANCH LAND EXCHANGE.
(a) In General.--Upon receipt of a binding offer from DPSHA to
convey title acceptable to the Secretary to the land described in
subsection (b), the Secretary shall convey to DPSHA all right, title,
and interest of the United States in and to the land described in
subsection (c).
(b) Non-Federal Land.--The land described in this subsection is the
approximately 495 acres of non-Federal land generally depicted on the
map entitled ``Diamond Point Exchange--Q Ranch Non-Federal Lands'',
dated May 2002.
(c) Federal Land.--The Federal land described in this subsection is
the approximately 108 acres northeast of Payson, Arizona, as generally
depicted on a map entitled ``Diamond Point Exchange--Federal Land'',
dated May 2002.
(d) Equal Value Exchange.--The values of the non-Federal and
Federal land directed to be exchanged under this section shall be equal
or equalized as determined by the Secretary through an appraisal
performed by a qualified appraiser mutually agreed to by the Secretary
and DPSHA and in conformance with the Uniform Appraisal Standards for
Federal Land Acquisitions (U.S. Department of Justice, December 2000),
and section 206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are not
equal, they shall be equalized by the payment of cash to the Secretary
or DPSHA pursuant to section 206(b) of FLPMA (43 U.S.C. 1716(b)).
Public Law 90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'')
shall, without further appropriation, apply to any cash equalization
payment received by the United States under this section.
(e) Special Use Permit Termination.--Upon execution of the land
exchange authorized by this section, all special use cabin permits on
the Federal land shall be terminated.
SEC. 105. MISCELLANEOUS PROVISIONS.
(a) Exchange Timetable.--Not later than 6 months after the
Secretary receives an offer under section 103 or 104, the Secretary
shall execute the exchange under section 103 or 104, respectively,
unless the Secretary and MCJV or DPSHA, respectively, mutually agree to
extend such deadline.
(b) Exchange Processing.--Prior to executing the land exchanges
authorized by this title, the Secretary shall perform any necessary
land surveys and required preexchange clearances, reviews, and
approvals relating to threatened and endangered species, cultural and
historic resources, wetlands and floodplains and hazardous materials.
If 1 or more of the Federal land parcels or lots, or portions thereof,
cannot be transferred to MCJV or DPSHA due to hazardous materials,
threatened or endangered species, cultural or historic resources, or
wetland and flood plain problems, the parcel or lot, or portion
thereof, shall be deleted from the exchange, and the values of the
lands to be exchanged adjusted in accordance with subsections (d) and
(e) of section 103 or section 104(d), as appropriate. In order to save
administrative costs to the United States, the costs of performing such
work, including the appraisals required pursuant to this title, shall
be paid by MCJV or DPSHA for the relevant property, except for the
costs of any such work (including appraisal reviews and approvals) that
the Secretary is required or elects to have performed by employees of
the Department of Agriculture.
(c) Federal Land Reservations and Encumbrances.--The Secretary
shall convey the Federal land under this title subject to valid
existing rights, including easements, rights-of-way, utility lines and
any other valid encumbrances on the Federal land as of the date of the
conveyance under this title. If applicable to the land conveyed, the
Secretary shall also retain any right of access as may be required by
section 120(h) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. 9620(h)) for remedial
or corrective action relating to hazardous substances as may be
necessary in the future.
(d) Administration of Acquired Land.--The land acquired by the
Secretary pursuant to this title shall become part of the Tonto or
Coconino National Forest, as appropriate, and be administered as such
in accordance with the laws, rules, and regulations generally
applicable to the National Forest System. Such land may be made
available for domestic livestock grazing if determined appropriate by
the Secretary in accordance with the laws, rules, and regulations
applicable thereto on National Forest System land.
(e) Transfer of Land to Park Service.--Upon their acquisition by
the United States, the ``Montezuma Castle Contiguous Lands'' identified
in section 103(d)(1) shall be transferred to the administrative
jurisdiction of the National Park Service, and shall thereafter be
permanently incorporated in, and administered by the Secretary of the
Interior as part of, the Montezuma Castle National Monument.
TITLE II--MENDOCINO NATIONAL FOREST LAND CONVEYANCE
SEC. 201. LAND CONVEYANCE, FARAWAY RANCH, MENDOCINO NATIONAL FOREST,
CALIFORNIA.
(a) Conveyance Required.--Subject to subsection (b), the Secretary
of Agriculture shall convey to the owner of the property known as the
Faraway Ranch in Lake County, California (in this section referred to
as the ``recipient''), by quitclaim deed, all right, title, and
interest of the United States in and to the following National Forest
System lands in Mendocino National Forest in Lake County, California:
(1) ``Faraway Ranch, Tract 39'' (approximately 15.8 acres)
consisting of a portion of lot 6 of section 4, township 18
north, range 10 west, Mount Diablo base and meridian, as
generally depicted on the map entitled ``Faraway Ranch, Tracts
39 and 40'' and dated June 30, 2002.
(2) ``Faraway Ranch, Tract 40'' (approximately 105.1 acres)
consisting of a portion of the N\1/2\SW\1/4\ and lot 7 of
section 4, and a portion of lots 15 and 16 of section 5,
township 18 north, range 10 west, Mount Diablo base and
meridian, as generally depicted on the map entitled ``Faraway
Ranch, Tracts 39 and 40'' and dated June 30, 2002.
(b) Time for Conveyance.--The Secretary shall make the conveyance
under subsection (a) not later than 120 days after the date on which
the recipient deposits sufficient funds with the Bureau of Land
Management, California State Office, Branch of Geographic Services, to
cover survey work costs and with the Forest Service, Mendocino National
Forest, to cover Forest Service direct transaction costs described in
subsection (e).
(c) Corrections.--With the agreement of the recipient, the
Secretary may make minor corrections to the legal descriptions and map
of the lands to be conveyed pursuant to this section.
(d) Consideration.--As consideration for the conveyance under
subsection (a), the recipient shall pay to the Secretary an amount
equal to the fair market value of the National Forest System lands
conveyed under such subsection. The fair market value of such lands
shall be determined by an appraisal that is acceptable to the Secretary
and conforms with the Federal appraisal standards, as defined in the
Uniform Appraisal Standards for Federal Land Acquisitions developed by
the Interagency Land Acquisition Conference.
(e) Payment of Costs.--All direct transaction costs associated with
the conveyance under section (a), including the costs of appraisal,
title, and survey work, shall be paid by the recipient.
(f) Use of Proceeds.--
(1) Deposit.--The Secretary shall deposit the amounts
received by the Secretary as consideration under subsection (d)
in the fund established by Public Law 90-171 (commonly known as
the Sisk Act; 16 U.S.C. 484a).
(2) Use.--Funds deposited under paragraph (1) shall be
available to the Secretary until expended, without further
appropriation--
(A) for the acquisition of land and interests in
land for National Forest System purposes in the State
of California; and
(B) for reimbursement of costs incurred by the
Forest Service in making the conveyance under
subsection (a).
(3) Status of acquired land.--Notwithstanding Public Law
85-862 (16 U.S.C. 521a), any lands acquired under paragraph
(2)(A) shall be managed as lands acquired under the March 1,
1911 (commonly known as the Weeks Act; 16 U.S.C. 480, 500, 515
et seq.), regardless of whether any of the lands conveyed under
subsection (a) were reserved from the public domain.
(g) Withdrawal.--Subject to valid existing rights, the lands to be
conveyed under subsection (a) are hereby withdrawn from all forms of
location, entry, and patent
under the public land laws and the mining and mineral leasing laws of
the United States.
Passed the House of Representatives September 24, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Tonto and Coconino National Forests Land Exchange Act - Title I: Tonto and Coconino National Forests Land Exchange - Directs the Secretary of Agriculture to convey to certain private land owners specified lands in the Tonto National Forest in exchange for the conveyance by such land owners of certain lands adjacent to the Montezuma Castle National Monument and certain lands within the Coconino National Forest. Requires that the values of Federal and non-Federal lands be equalized.Directs the Secretary of Agriculture to convey to certain private land owners specified lands northeast of Payson, Arizona, in exchange for the conveyance by such land owners of certain lands within the Tonto National Forest. Requires that the values of Federal and non-Federal lands be equalized. Terminates all special use cabin permits on the Federal land upon execution of the exchange.Deletes from an exchange Federal land parcels that cannot be transferred due to hazardous materials, threatened or endangered species, cultural or historic resources, or wetland and flood plain problems and requires making appropriate adjustments to equalize land values being exchanged.Provides that the land acquired by the Secretary become part of the Tonto or Coconino National Forest, as appropriate. Provides for: (1) the Secretary of Agriculture to transfer all or a portion of the lands acquired adjacent to the Montezuma Castle National Monument to the administrative jurisdiction of the National Park Service; and (2) the incorporation of such lands in the Montezuma Castle National Monument.Title II: Mendocino National Forest Land Conveyance - Directs the Secretary of Agriculture to convey to the owner of Faraway Ranch in Lake County, California ("the recipient"), by quitclaim deed, all right, title, and interest of the United States in and to specified National Forest System (NFS) lands in Mendocino National Forest in Lake County. Directs the recipient to pay the Secretary an amount equal to the fair market value of the NFS lands. Assigns all transaction costs associated with the conveyance to the recipient. Requires the funds received by the Secretary to be used for the acquisition of land and interests in land for NFS purposes in California and for reimbursement of costs incurred by the Forest Service in making the conveyance. Withdraws, subject to valid existing rights, the lands being conveyed from all forms of location, entry, and patent under the public land laws and the mining and mineral leasing laws of the United States. | {"src": "billsum_train", "title": "To provide for the exchange of certain lands in the Coconino and Tonto National Forests in Arizona, and for other purposes."} | 3,362 | 544 | 0.576241 | 2.047521 | 0.721483 | 4.549327 | 6.432735 | 0.943946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gabrieleno Band of Mission Indians
Federal Recognition Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Gabrieleno Indians, aboriginally known as the kumi-
vit, live within their homelands along the drainages of the
Santa Ana and San Gabriel Rivers and the San Pedro, Wilmington,
and Paso Robles areas of southern California.
(2) The Gabrieleno Band of Mission Indians are recognized
by anthropologists, historians, and genealogists, as the
lineal, social, and political descendants of Native Americans
contacted by Spanish and Portuguese explorers and settlers in
the 16th and 17th centuries.
(3) In the 17th and 18th centuries, the Spanish Mission San
Gabriel was established on Gabrieleno Indian homelands causing
the loss of their land base and disruption of the Gabrieleno
Band of Mission Indians.
(4) Today's Gabrieleno Indians are direct lineal
descendants of enrollees on the 1928 Indian Census and on the
1933 supplemental roll book pursuant to the Act of May 8, 1928.
(5) Gabrieleno tribal culture, manifest in life and burial
rites and other social and religious practices, has been handed
down generation-to-generation to the present day.
(6) The Gabrieleno Band of Mission Indians is an Indian
Tribe which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians and does in fact receive such
services.
(7) The Bureau of Indian Affairs has determined the
Gabrieleno tribal blood quantum of each of the enrolled members
of the Gabrieleno Band of Mission Indians and, for this and
other reasons, the members of the Gabrieleno Band of Mission
Indians receive certain Federal and State services that are
afforded to them only because they are Indians.
(8) The Gabrieleno Band of Mission Indians of California,
Inc., was incorporated as a California nonprofit corporation on
May 16, 2000, for the purpose of administering the business of
the Tribe.
(9) The Department of Health and Human Services has
determined that the Gabrieleno Band of Mission Indians of
California, Inc., is eligible for certain Federal programs
because of its tribal and legal status and has provided grants
to it in support of tribal governance.
(10) The Gabrieleno Band of Mission Indians, Inc., is
recognized by other federally recognized tribes in San
Bernardino and Riverside Counties of California, as the
governing body of the Gabrieleno Band of Mission Indians.
(11) The Gabrieleno Band of Mission Indians is desirous of
securing its cultural and its social and economic future and
land on which to bury the remains of ancestors and for other
purposes.
SEC. 3. DEFINITIONS.
For the purposes of this Act the following definitions apply:
(1) Member.--The term ``member'' means an enrolled member
of the Gabrieleno Band of Mission Indians, as of the date of
the enactment of this Act, or an individual who has been placed
on the membership roles in accordance with this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Gabrieleno Band of
Mission Indians.
SEC. 4. FEDERAL RECOGNITION.
Federal recognition is hereby extended to the Gabrieleno Band of
Mission Indians. All laws and regulations of the United States of
general application to Indians, or nations, tribes, or band of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
SEC. 5. FEDERAL SERVICES AND BENEFITS.
(a) In General.--The Tribe and its members shall be eligible, on
and after the date of the enactment of this Act, for all future
services and benefits provided by the Federal Government to federally
recognized tribes without regard to the existence of a reservation for
the Tribe or the location of the residence of any member on or near any
Indian reservation.
(b) Service Area.--For purposes of the delivery of Federal services
to enrolled members of the Tribe, the Tribe's service area shall be
coterminous with the Mission Area of the Southern California Agency of
the Sacramento Area Office of the Bureau of Indian Affairs.
SEC. 6. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals enrolled in the Tribe. The qualifications
for inclusion on the membership roll of the Tribe shall be determined
by the membership clauses in the Tribe's governing document, in
consultation with the Secretary. Upon completion of the roll, the
Secretary shall immediately publish notice of the roll in the Federal
Register. The Tribe shall ensure that such roll is maintained and kept
current.
SEC. 7. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 24 months after the date of
the enactment of this Act, the Tribe shall conduct, by secret
ballot, an election to adopt a constitution and bylaws for the
Tribe.
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of the enactment of this Act
shall be the interim governing documents for the Tribe.
(b) Officials.--Not later than 6 months after the Tribe adopts a
constitution and bylaws pursuant to subsection (a), the Tribe shall
elect a governing body in accordance with the procedures set forth in
its constitution and bylaws. Until such time as a new governing body is
elected, the governing body of the Tribe shall be the governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 8. LAND IN TRUST.
(a) Requirement To Take Land Into Trust.--If, not later than 25
years after the date of the enactment of this Act, the Tribe transfers
all right, title, and interest in and to any land identified under
subsection (b) as its aboriginal homelands to the Secretary, the
Secretary shall take such land into trust for the benefit of the Tribe.
(b) Identification of Aboriginal Lands.--Not later than 10 years
after the date of the enactment of this Act, the Secretary of the
Interior and the Secretary of Agriculture shall identify those lands
which shall be considered the aboriginal homelands of the Tribe for the
purposes of subsection (a).
SEC. 9. GAMING.
Gaming regulated by the Indian Gaming Regulatory Act shall not be
conducted on lands taken into trust for the benefit of the Tribe
pursuant to this Act. | Gabrieleno Band of Mission Indians Federal Recognition Act - Extends Federal recognition to the Gabrieleno Band of Mission Indians. Makes the Gabrieleno eligible for future services and benefits accompanying Federal recognition without regard to the existence of a reservation or a member's residence.Sets forth requirements for the Tribe with respect to submission of a membership roll, adoption of a constitution, and election of a governing body.Requires the Secretary of the Interior, if the Tribe transfers rights to its aboriginal lands to the Secretary within 25 years after this Act's enactment, to take such land into trust for the Tribe's benefit. Prohibits gaming, as regulated by the Indian Gaming Regulatory Act, on trust lands. | {"src": "billsum_train", "title": "To extend Federal recognition to the Gabrieleno Band of Mission Indians, and for other purposes."} | 1,550 | 172 | 0.493425 | 1.534494 | 0.741862 | 2.883721 | 10.651163 | 0.914729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Autofill Act of 2010''.
SEC. 2. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7529. AUTOMATED PARTIALLY PRE-POPULATED TAX RETURNS.
``(a) Establishment of Program.--The Secretary shall establish a
program under which taxpayers may download forms relating to the
individual income tax returns that are populated with return
information reported to the Secretary under chapter 61 and reported to
the Secretary pursuant to section 232 of the Social Security Act.
``(b) Requirements Relating to Information.--
``(1) Deadline for making information available.--The
Secretary shall make such return information available under
the program established under subsection (a) not later than 15
days after the Secretary receives such information.
``(2) Format of information made available.--Return
information shall be made available under the program
established under subsection (a) in both a printable document
file suitable for manual completion and filing and in a
computer-readable form suitable for use by automated tax
preparation software.
``(c) Autofill Service Deadlines.--
``(1) Standards.--Not later than October 31, 2010, the
Secretary shall--
``(A) establish standards for data download to tax
preparation software, and
``(B) provide a demonstration server for
downloading the partially populated printable document
file.
``(2) Tax forms.--Not later than February 15, 2011, and
annually thereafter, the Secretary shall provide on the
Secretary's Web site a secure function that allows a taxpayer
to download, as both a printable document file and in a form
suitable for input to automatic tax preparation software, the
1040, 1040A, and 1040EZ forms that are populated with
information with respect to the taxpayer that is reported under
chapter 61 or any other provision of this title under which
reporting of information is required.
``(d) Taxpayer Responsibility.--Nothing in this section shall be
construed to absolve the taxpayer from full responsibility for the
accuracy or completeness of his return of tax.
``(e) Disclaimer.--Before any form can be downloaded under the
program established under subsection (a), taxpayer must acknowledge
that--
``(1) the taxpayer is responsible for the accuracy of his
return, and
``(2) all information provided in the downloadable form
under such program needs to be verified.
``(f) Information Provided for Wage and Self-Employment Income.--
For purposes of subsection (a)--
``(1) Information related to calendar year 2010.--In the
case of information relating to wages paid, and amounts of
self-employment income, for calendar year 2010 required to be
provided to the Commissioner of Social Security under section
205(c)(2)(A) of the Social Security Act (42 U.S.C.
405(c)(2)(A)), the Commissioner shall, using best efforts, make
such information available to the Secretary not later than
January 31, 2011.
``(2) Information related to calendar year 2011 and
thereafter.--In the case of information relating to wages paid,
and amounts of self-employment income, for any calendar year
after 2010 required to be provided to the Commissioner of
Social Security under section 205(c)(2)(A) of the Social
Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall
make such information available to the Secretary not later than
the January 31 of the calendar year following the calendar year
to which such wages and self-employment income relate.''.
(b) Filing Deadline for Information Returns.--Subsection (b) of
section 6071 of such Code is amended to read as follows:
``(b) Information Returns.--Returns made under part III of this
subchapter shall be filed on or before January 31 of the year following
the calendar year to which such returns relate. Section 6081 shall not
apply to returns under such part III.''.
(c) Conforming Amendment to Social Security Act.--Subparagraph (A)
of section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2))
is amended by adding at the end the following new sentence: The table
of sections for chapter 77 of such Code is amended by adding at the end
the following new item: ``For purposes of the preceding sentence, the
Commissioner shall require that information relating to wages paid, and
amounts of self-employment income, be provided to the Commissioner not
later than January 31 of the year following the calendar year to which
such wages and self-employment income relate.''
(d) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7529. Automated partially pre-populated tax returns.''.
(e) Effective Date.--The amendments made by this section shall
apply to returns for taxable years beginning after December 31, 2009. | Autofill Act of 2010 - Amends the Internal Revenue Code to require the Secretary of the Treasury to: (1) establish a program to allow taxpayers to download income tax forms that are populated with tax return information (e.g., wages, withholding, and self-employment income) previously reported to the Secretary for the taxable year; (2) establish standards for data download to tax preparation software; and (3) provide on the website of the Department of the Treasury a secure function that allows a taxpayer to download, as both a printable document file and in a form suitable for input to automatic tax preparation software, the 1040, 1040A, and 1040EZ forms that are populated with tax return information previously reported to the Secretary. Establishes deadlines for reporting tax return information to the Secretary and for making such information available for populating tax returns. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish a program to populate downloadable tax forms with taxpayer return information."} | 1,161 | 182 | 0.713326 | 2.057283 | 0.711028 | 4.515528 | 6.354037 | 0.900621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Justice Improvement Act of
2008''.
SEC. 2. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (25) by inserting ``, including sight or
sound,'' after ``incarceration'',
(2) by amending paragraph (26) to read as follows:
``(26) the term `adult inmate' means an individual who--
``(A) has reached the age of full criminal
responsibility under applicable State law; and
``(B) has been arrested and is in custody for or
awaiting trial on a criminal charge, or is convicted of
a criminal charge offense; excluding individuals who
are--
``(i) younger than the age of full criminal
responsibility under applicable State law at
the time of the criminal charge offense; or
``(ii) younger than the maximum age of
extended juvenile jurisdiction applicable under
State law; and
``(iii) have been committed to the care and
custody of a juvenile correctional facility by
a court of competent jurisdiction or by
operation of State law.'',
(3) in paragraph (28) by striking ``; and'' at the end,
(4) in paragraph (29) by striking the period at the end and
inserting a semicolon, and
(5) by adding at the end the following:
``(30) the term `restraint' means a chemical or medical
agent, physical force technique, or mechanical device that
restricts movement;
``(31) the term `chemical agent' means a spray used to
temporarily incapacitate a person, such as oleoresin capsicum
spray, tear gas, or 2-chlorobenzalmalononitrile gas (CS gas);
``(32) the term `seclusion' means any instance in which a
youth is confined alone for more than 15 minutes, including in
an unlocked or locked room, specialized unit or other area of
isolation, segregation, or room time;
``(33) the term `evidence based' means a program that is
demonstrated with relative evidence, normed and validated for a
diverse population, to be either--
``(A) exemplary, such that it is implemented with a
high degree of fidelity and demonstrates robust
empirical findings using a reputable conceptual
framework and an experimental evaluation design of the
highest quality (a random assignment control trial); or
``(B) effective, such that it is implemented with
sufficient fidelity that it demonstrates adequate
empirical findings using a sound conceptual framework
and a quasi-experimental evaluation design of high
quality (comparison group without random assignment
control group);
``(34) the term `promising' means a program that
demonstrates effectiveness using reasonable, limited findings,
and that has underway a more appropriate evaluation that meets
the criteria set forth in paragraph (33)(A) for determining
evidence-based programs; and
``(35) the term `dangerous practice' means an act,
procedure, or program that creates an unreasonable risk of
physical injury, pain, or psychological harm to a juvenile
subjected to the act, and it includes the use of chemical
agents; choking; blows to the head; twisting body parts against
joints or other techniques that rely on infliction of pain to
secure compliance; restraint to fixed objects; restraint in any
manner that creates risk of asphyxiation; use of belly belts or
chains on pregnant girls; use of four-point or five-point
restraints, straightjackets or restraint chairs, except for
medical or mental health purposes specifically related to the
safety of the youth, and under the direct supervision of
medical or mental health personnel, use of psychotropic
medication without adherence to professional standards
regarding dosage, or for purposes of coercion, punishment, or
convenience of staff; and use of physical force, chemical
agents, or mechanical restraints for purposes of coercion,
retaliation, punishment, or convenience of staff; and
prolonged, forced physical exercise.''.
SEC. 3. STATE PLAN.
Section 223(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5633(a)) is amended--
(1) in paragraph (8) by striking ``existing'' and inserting
``proven effective'',
(2) in paragraph (9)(L)(i) by striking ``restraints'' and
inserting ``requirements'',
(3) in paragraph (27) by striking ``and'' at the end,
(4) in paragraph (28) by striking the period at the end and
inserting a semicolon, and
(5) by adding at the end the following:
``(29) provide that, within 4 years of the date of
enactment of this paragraph, juveniles treated as adults for
purposes of prosecution in criminal court and juveniles
prosecuted as adults in criminal court may not be held in a
jail or lockup for adults while such juveniles are awaiting
trial on a criminal charge;
``(30) provide that, within 4 years of the date of
enactment of this paragraph, juveniles treated as adults for
purposes of prosecution in criminal court and juveniles
prosecuted as adults in criminal court may not be within sight
or sound contact of adult inmates when held in the custody of
the criminal court awaiting trial or other legal process; and
``(31) provide that the State will--
``(A) develop policies and procedures to eliminate
the State-supported use of dangerous practices with
juveniles in the custody of State or local secure
detention and correctional facilities and residential
treatment centers;
``(B) increase the State's efforts to operate
facilities and programs that are safe for youth and
staff, through effective behavior management systems
that clearly communicate incentives and sanctions to
increase appropriate behavior and decrease
inappropriate behavior, and which are implemented
through a continuum of responses that begin with verbal
de-escalation and that only allow for use of the most
punitive responses as a last resort;
``(C) increase the State's efforts to provide
training for facility staff on effective techniques for
effective behavior management, de-escalation and crisis
intervention, adolescent development, safe physical
control techniques, developmental disabilities, mental
health disorders, and cultural competence; and
``(D) increase the State's efforts to develop
engaging, effective programming, and establish safe
staffing levels in secure detention and correctional
facilities.''.
SEC. 4. PROMOTING ALTERNATIVES TO INCARCERATION.
Section 222 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5632) is amended by adding at the end the following:
``(e) Incentive Grants.--
``(1) Incentive grants funds.--The Administrator shall make
grants totaling at least 5 percent of the funds appropriated
for this part in each fiscal year as incentive grants to
States. The Administrator shall make such incentive grants
consistent with the provisions of subsection (a), and shall
condition such grants upon--
``(A) the State's support for evidence-based or
promising programs, prioritizing programs that address
the mental health treatment needs of juveniles;
``(B) the State's support of reforms that reduce or
eliminate the State-supported use of dangerous
practices;
``(C) the State's support for reforms that ensure
that seclusion in secure detention or correctional
facilities is limited to situations in which seclusion
is the least restrictive measure sufficient to address
a youth's danger to self or others, used only for the
amount of time necessary and is terminated when there
is no longer an immediate danger to the youth or
others, or imposed only after applicable due process;
and
``(D) the demonstration by the State of an
improvement of public safety and rehabilitation of
delinquent and at-risk youths.
``(2) The State shall make the demonstration required by
paragraph (1)(D) by using accurate and reliable data reported
annually showing both--
``(A) a reduction in either recidivism or offenses
by youths under age 18, using arrest data; and
``(B) either--
``(i) an increase in the use of least
restrictive placement for juveniles as
appropriate for community safety;
``(ii) an increase in the safety of youths
in the delinquency or criminal justice system;
or
``(iii) a decrease in racial and ethnic
disparities in the delinquency system.''.
SEC. 5. REMOVING THE VALID COURT ORDER EXCEPTION FOR STATUS OFFENDERS.
Section 223(a)(11) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(11)) is amended--
(1) by striking ``shall'', and
(2) by amending subparagraph (A) to read as follows:
``(A) juveniles who are charged with or who have
committed an offense that would not be criminal if
committed by an adult, excluding juveniles who are
charged with or who have committed a violation of
section 922(x)(2) of title 18, United States Code, or
of a similar State law, shall not be placed in secure
detention facilities or secure correctional facilities;
and''. | Juvenile Justice Improvement Act of 2008 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to: (1) revise and add definitions under such Act relating to the treatment of juveniles held in custody while awaiting trial for criminal offenses; (2) require state plans under such Act to separate juveniles from the adult prison population, eliminate the use of dangerous practices used for holding juveniles in custody, and provide training of prison staff on techniques for effective behavior management of juvenile offenders; (3) provide incentive grants to states to adopt programs for the mental health treatment needs of juveniles in custody and for the placement of such juveniles in the least restrictive detention or correctional settings; and (4) prohibit the placement of juveniles who have not been charged with adult criminal offenses in secure detention or correctional facilities. | {"src": "billsum_train", "title": "To amend the Juvenile Justice and Delinquency Prevention Act of 1974 with respect to juveniles who have committed offenses, and for other purposes."} | 2,116 | 176 | 0.485467 | 1.319546 | 0.833582 | 2.272727 | 12.480519 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm Protection Act''.
SEC. 2. EXCLUSION OF GAIN ON SALE OF FAMILY FARMING BUSINESS TO FAMILY
MEMBER.
(a) In General.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains)
is amended by adding at the end the following new section:
``SEC. 1203. EXCLUSION OF GAIN ON SALE OF FAMILY FARM TO FAMILY MEMBER.
``(a) In General.--At the election of the taxpayer, gross income
shall not include any gain from the sale of a qualified family farm
interest to a member of the taxpayer's family if--
``(1) at all times during the 5-year period ending on the
date of such sale, there was material participation by the
taxpayer or a member of the taxpayer's family in the operation
of the farming business to which such interest relates, and
``(2)(A) such interest is being acquired by a member of the
taxpayer's family, and
``(B) such member agrees--
``(i) for the 5-year period beginning on the day
after the date of such sale, to materially participate
in the operation of the farming business to which such
interest relates, and
``(ii) to the provisions of subsection (b).
``(b) Recapture of Tax if Interest Ceases To Be Used in a Farming
Business.--
``(1) In general.--If, during any year within the 5-year
period beginning on the date of such sale--
``(A) a qualified family farm interest with respect
to which an election is made under subsection (a) is
disposed of, or otherwise ceases to be a qualified
family farm interest of the member of the family who
acquired such interest, other than through the
bankruptcy or insolvency of such member of the family,
or
``(B) the member of the family who acquired such
interest fails to materially participate (directly or
through a family member of such member) in the
operation of the farming business to which such
interest relates,
then the tax imposed on such member of the family under this
subtitle for the year shall be increased by an amount equal to
the recapture percentage of the excluded tax amount, plus
interest on the amount of such increase at the underpayment
rate established under section 6621 for the period beginning on
the date the return of tax for the year of such sale was due
under this chapter (without regard to extensions thereof) and
ending on the date the increase in tax under this subsection is
due (without regard to extensions thereof).
``(2) Recapture percentage.--For purposes of paragraph (1),
the recapture percentage shall be determined under the
following table:
``If the event described
in paragraph (1) occurs
in the following years The recapture
after such sale: percentage is:
1..........................
100
2..........................
80
3..........................
60
4..........................
40
5..........................
20.
``(3) Excluded tax amount.--For purposes of paragraph (1),
the term `excluded tax amount' means the excess of--
``(A) the amount of tax that would have been
imposed on the taxpayer under this subtitle for the
taxable year ending with or within which the sale for
which an election was made under subsection (a), over
``(B) the amount of tax imposed on the taxpayer
under this subtitle for such taxable year.
This paragraph shall be applied without regard to the
installment method of accounting or averaging of farm income
under section 1301.
``(c) Definitions.--For purposes of this section--
``(1) Qualified family farm interest.--The term `qualified
family farm interest' means an interest which is a qualified
family-owned business interest in a farming business.
``(2) Qualified family-owned business interest.--The term
`qualified family-owned business interest' has the meaning
given such term by section 2057(e), determined by substituting
`taxpayer' for `decedent' each place it appears.
``(3) Farming business.--The term `farming business' has
the meaning given such term by section 263A(e)(4).
``(4) Member of the family.--The term `member of the
family' has the meaning given such term by section 2032A(e).
``(5) Material participation.--The term `material
participation' has the meaning given such term by section
2032A(e)(6).''.
(b) Clerical Amendment.--The table of sections for part I of
subchapter P of chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:
``Sec. 1203. Exclusion of gain on sale of family farm to family
member.''.
(c) Effective Date.--The amendments made by this section shall
apply to sales occurring on or after the date of enactment of this Act. | Family Farm Protection Act - Amends the Internal Revenue Code to exclude from gross income any gain on the sale of a qualified family farm interest to a family member of the taxpayer. Requires the taxpayer (or a member of the taxpayer's family) to have participated materially in the farming business operation during the five years preceding the sale, and requires the family member purchasing the interest to participate materially during the five years following the sale. Provides for recapture of tax foregone because of the exclusion if during the five years following the sale: (1) the interest ceases to be used in a farming business; or (2) the purchasing family member fails to participate materially in the farming business. | {"src": "billsum_train", "title": "Family Farm Protection Act"} | 1,126 | 152 | 0.652282 | 1.741277 | 0.842719 | 2.681481 | 7.674074 | 0.874074 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NOAA Chesapeake Bay Watershed
Education, Training, and Restoration Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Center.--The term ``Center'' means the Coastal
Prediction Center for the Chesapeake Bay established under
paragraph (1) of section 3(a).
(2) Chesapeake 2000 agreement.--The term ``Chesapeake 2000
agreement'' means the agreement between the United States, the
States of Maryland, Pennsylvania, and Virginia, and the
District of Columbia entered into on June 28, 2000.
(3) Chesapeake executive council.--The term ``Chesapeake
Executive Council'' has the meaning given that term in
subsection (d) of section 307 of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d).
(4) Director.--The term ``Director'' means the Director of
the Chesapeake Bay Office appointed under paragraph (2) of
section 307(a) of the National Oceanic and Atmospheric
Administration Authorization Act of 1992 (15 U.S.C. 1511d).
(5) Eligible entity.--The term ``eligible entity'' means a
State government, an institution of higher education, including
a community college, a not-for-profit organization, or an
appropriate private entity.
(6) Chesapeake bay office.--The term ``Chesapeake Bay
Office'' means the Chesapeake Bay Office within the National
Oceanic and Atmospheric Administration established under
paragraph (1) of section 307(a) of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d).
SEC. 3. COASTAL PREDICTION CENTER.
(a) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director, in collaboration with
scientific institutions located in the Chesapeake Bay
watershed, shall establish a Coastal Prediction Center for the
Chesapeake Bay.
(2) Purposes.--The purposes of the Center established under
paragraph (1) are to serve as a knowledge bank for--
(A) assembling, integrating, and modeling coastal
information and data related to the Chesapeake Bay and
the tributaries of the Chesapeake Bay from appropriate
government agencies and scientific institutions;
(B) interpreting such information and data; and
(C) organizing such information and data into
predictive products that are useful to policy makers,
resource managers, scientists, and the public.
(b) Activities.--
(1) Information and prediction system.--The Center shall
develop an Internet-based information system for integrating,
interpreting, and disseminating coastal information and
predictions concerning the Chesapeake Bay and the tributaries
of the Chesapeake Bay related to--
(A) climate;
(B) land use;
(C) coastal pollution;
(D) coastal environmental quality;
(E) ecosystem health and performance;
(F) aquatic living resources and habitat
conditions; and
(G) weather, tides, currents, and circulation that
affect the distribution of sediments, nutrients, and
organisms, coastline erosion, and related physical and
chemical events.
(2) Agreements to provide data, information, and support.--
The Director may enter into agreements with other entities of
the National Oceanic and Atmospheric Administration, other
appropriate Federal, State, and local government agencies, and
academic institutions, to provide and interpret data and
information, and provide appropriate support, relating to the
activities of the Center.
(3) Agreements relating to information products.--The
Director may enter into grants, contracts, and interagency
agreements with eligible entities for the collection,
processing, analysis, interpretation, and electronic
publication of information products for the Center.
SEC. 4. CHESAPEAKE BAY WATERSHED EDUCATION AND TRAINING PROGRAM.
(a) Establishment.--
(1) In general.--The Director, in cooperation with the
Chesapeake Executive Council, shall establish a Chesapeake Bay
watershed education and training program.
(2) Purposes.--The program established under paragraph (1)
shall continue and expand the Chesapeake Bay watershed
education programs offered by the Chesapeake Bay Office for the
purposes of--
(A) improving the understanding of elementary and
secondary school students and teachers of the living
resources of the ecosystem of the Chesapeake Bay; and
(B) meeting the educational goals of the Chesapeake
2000 agreement.
(b) Grant Program.--
(1) Authorization.--The Director is authorized to award
grants to pay the Federal share of the cost of a project
described in paragraph (3)--
(A) to a not-for-profit institution;
(B) to a consortia of not-for-profit institutions;
(C) to an elementary or secondary school located
within the Chesapeake Bay watershed;
(D) to a teacher at a school described in
subparagraph (C); or
(E) a State Department of Education if any part of
such State is within the Chesapeake Bay watershed.
(2) Criteria.--The Director is authorized to award grants
under this section based on the experience of the applicant in
providing environmental education and training projects
regarding the Chesapeake Bay watershed to a range of
participants and in a range of settings.
(3) Functions and activities.--Grants awarded under this
section may be used to support education and training projects
that--
(A) provide classroom education, including the use
of distance learning technologies, on the issues,
science, and problems of the living resources of the
Chesapeake Bay watershed;
(B) provide meaningful outdoor experience on the
Chesapeake Bay, or on a stream or in a local watershed
of the Chesapeake Bay, in the design and implementation
of field studies, monitoring and assessments, or
restoration techniques for living resources;
(C) provide professional development for teachers
related to the science of the Chesapeake Bay watershed
and the dissemination of pertinent education materials
oriented to varying grade levels;
(D) demonstrate or disseminate environmental
educational tools and materials related to the
Chesapeake Bay watershed;
(E) demonstrate field methods, practices, and
techniques including assessment of environmental and
ecological conditions and analysis of environmental
problems; and
(F) develop or disseminate projects designed to--
(i) enhance understanding and assessment of
a specific environmental problem in the
Chesapeake Bay watershed or of a goal of the Chesapeake Bay Program; or
(ii) protect or restore living resources of
the Chesapeake Bay watershed.
(4) Federal share.--The Federal share of the cost of a
project authorized under paragraph (1) shall not exceed 75
percent of the total cost of that project.
(c) Report.--Not later than December 31, 2006, the Director, in
consultation with the Chesapeake Executive Council, shall submit to
Congress a report through the Administrator of National Oceanic and
Atmospheric Administration regarding the program established under
subsection (a) and, on the appropriate role of Federal, State, and
local governments in continuing such program.
SEC. 5. STOCK ENHANCEMENT AND HABITAT RESTORATION PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director, in cooperation with the
Chesapeake Executive Council, shall establish a Chesapeake Bay
watershed stock enhancement and habitat restoration program.
(2) Purposes.--The purposes of the program established in
paragraph (1) are to support the restoration of oysters and
submerged aquatic vegetation in the Chesapeake Bay and enhance
education programs related to aquaculture.
(b) Activities.--To carry out the purpose of the program
established in paragraph (1) of subsection (a), the Director is
authorized to enter into grants, contracts, and cooperative agreements
with an eligible entity to support--
(1) the establishment of oyster hatcheries;
(2) the establishment of submerged aquatic vegetation
propagation programs;
(3) the development of education programs related to
aquaculture; and
(4) other activities that the Director determines are
appropriate to carry out the purposes of such program.
SEC. 6. CHESAPEAKE BAY AQUACULTURE EDUCATION.
The Director is authorized to make grants and enter into contracts
with an institution of higher education, including a community college,
for the purpose of--
(1) supporting education in Chesapeake Bay aquaculture
sciences and technologies; and
(2) developing aquaculture processes and technologies to
improve production, efficiency, and sustainability of disease
free oyster spat and submerged aquatic vegetation.
SEC. 7. SHALLOW WATER MONITORING PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director, in cooperation with the
Chesapeake Executive Council and scientific institutions
located in the Chesapeake Bay watershed, shall establish a
program to monitor shallow water throughout the Chesapeake Bay.
(2) Purpose.--The purpose of the program established in
paragraph (1) shall be to provide data on water quality
conditions necessary for restoration of living resources in
near-shore and tidal tributary areas of the Chesapeake Bay.
(b) Activities.--To carry out the purpose of the program
established in paragraph (1) of subsection (a), the Director is
authorized to carry out, or enter into grants, contracts, and
cooperative agreements with an eligible entity to carry out
activities--
(1) to collect, analyze, and disseminate scientific
information necessary for the management of living marine
resources and the marine habitat associated with such
resources;
(2) to interpret the information described in paragraph
(1);
(3) to organize the information described in paragraph (1)
into products that are useful to policy makers, resource
managers, scientists, and the public; or
(4) that will otherwise further the purpose of such
program.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Chesapeake Bay Office.--Subsection (e) of section 307 of the
National Oceanic and Atmospheric Administration Authorization Act of
1992 (15 U.S.C. 1511d) is amended--
(1) by striking ``$6,000,000'' and inserting
``$8,000,000''; and
(2) by striking ``2006'' and inserting ``2008''.
(b) Programs.--There is authorized to be appropriated the following
amounts to carry out the provisions of this Act:
(1) $500,000 for each of the fiscal years 2004 through 2008
to carry out the provisions of section 3.
(2) $6,000,000 for each of the fiscal years 2004 through
2008 to carry out the provisions of section 4.
(3) $7,000,000 for each of the fiscal years 2004 through
2008 to carry out the provisions of section 5.
(4) $1,000,000 for each of the fiscal years 2004 through
2008 to carry out the provisions of section 6.
(5) $3,000,000 for each of the fiscal years 2004 through
2008 to carry out the provisions of section 7. | NOAA Chesapeake Bay Watershed Education, Training, and Restoration Act - Requires the Director of the Chesapeake Bay Office, within the National Oceanic and Atmospheric Administration, to establish a Coastal Prediction Center.Directs the Center to develop an Internet-based information system for integrating, interpreting, and disseminating coastal information and predictions concerning the Bay and its tributaries.Requires the Director to establish programs for: (1) watershed education and training; (2) watershed stock enhancement and habitat restoration; and (3) shallow water monitoring.Authorizes the Director to award grants to support education and training projects as well as aquaculture education. | {"src": "billsum_train", "title": "A bill to establish programs to enhance protection of the Chesapeake Bay, and for other purposes."} | 2,492 | 153 | 0.583127 | 1.599016 | 0.591637 | 4.145299 | 18.760684 | 0.948718 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Assistance Commission
Termination Act''.
SEC. 2. TERMINATION OF ELECTION ASSISTANCE COMMISSION.
(a) Termination.--The Help America Vote Act of 2002 (52 U.S.C.
20901 et seq.) is amended by adding at the end the following new title:
``TITLE X--TERMINATION OF COMMISSION
``SEC. 1001. TERMINATION.
``Effective on the Commission termination date, the Commission
(including the Election Assistance Commission Standards Board and the
Election Assistance Commission Board of Advisors under part 2 of
subtitle A of title II) is terminated and may not carry out any
programs or activities.
``SEC. 1002. OFFICE OF MANAGEMENT AND BUDGET TO PERFORM TRANSITION
FUNCTIONS.
``Except as provided in section 1004, the Director of the Office of
Management and Budget shall, effective upon the Commission termination
date--
``(1) perform the functions of the Commission with respect
to contracts and agreements described in subsection 1003(a)
until the expiration of such contracts and agreements, but
shall not renew any such contract or agreement; and
``(2) take the necessary steps to wind up the affairs of
the Commission.
``SEC. 1003. SAVINGS PROVISIONS.
``(a) Prior Contracts.--The termination of the Commission under
this title shall not affect any contract that has been entered into by
the Commission before the Commission termination date. All such
contracts shall continue in effect until modified, superseded,
terminated, set aside, or revoked in accordance with law by an
authorized Federal official, a court of competent jurisdiction, or
operation of law.
``(b) Obligations of Recipients of Payments.--
``(1) In general.--The termination of the Commission under
this title shall not affect the authority of any recipient of a
payment made by the Commission under this Act prior to the
Commission termination date to use any portion of the payment
that remains unobligated as of the Commission termination date,
and the terms and conditions that applied to the use of the
payment at the time the payment was made shall continue to
apply.
``(2) Special rule for states receiving requirements
payments.--In the case of a requirements payment made to a
State under part 1 of subtitle D of title II, the terms and
conditions applicable to the use of the payment for purposes of
the State's obligations under this subsection (as well as any
obligations in effect prior to the termination of the
Commission under this subtitle), and for purposes of any
applicable requirements imposed by regulations promulgated by
the Director of the Office of Management and Budget, shall be
the general terms and conditions applicable under Federal law,
rules, and regulations to payments made by the Federal
Government to a State, except that to the extent that such
general terms and conditions are inconsistent with the terms
and conditions that are specified under part 1 of subtitle D of
title II or section 902, the terms and conditions specified
under such part and such section shall apply.
``(c) Pending Proceedings.--
``(1) No effect on pending proceedings.--The termination of
the Commission under this title shall not affect any proceeding
to which the Commission is a party that is pending on the
Commission termination date, including any suit to which the
Commission is a party that is commenced prior to such date, and
the Director of the Office of Management and Budget shall be
substituted or added as a party to the proceeding.
``(2) Treatment of orders.--In the case of a proceeding
described in paragraph (1), an order may be issued, an appeal
may be taken, judgments may be rendered, and payments may be
made as if the Commission had not been terminated. Any such
order shall continue in effect until modified, terminated,
superseded, or revoked by an authorized Federal official, a
court of competent jurisdiction, or operation of law.
``(3) Construction relating to discontinuance or
modification.--Nothing in this subsection shall be deemed to
prohibit the discontinuance or modification of any proceeding
described in paragraph (1) under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if the Commission had not been
terminated.
``(4) Regulations for transfer of proceedings.--The
Director of the Office of Management and Budget may issue
regulations providing for the orderly transfer of proceedings
described in paragraph (1).
``(d) Judicial Review.--Orders and actions of the Director of the
Office of Management and Budget in the exercise of functions of the
Commission under section 1002 shall be subject to judicial review to
the same extent and in the same manner as if such orders and actions
had been issued or taken by the Commission. Any requirements relating
to notice, hearings, action upon the record, or administrative review
that apply to any function of the Commission shall apply to the
exercise of such function by the Director.
``SEC. 1004. RETURN TO FEDERAL ELECTION COMMISSION OF AUTHORITY TO
CARRY OUT CERTAIN FUNCTIONS UNDER NATIONAL VOTER
REGISTRATION ACT OF 1993.
``Effective on the Commission termination date, there are
transferred to the Federal Election Commission any functions
transferred to the Election Assistance Commission under section 802
(relating to functions described in section 9(a) of the National Voter
Registration Act of 1993).
``SEC. 1005. COMMISSION TERMINATION DATE.
``The `Commission termination date' is the first date following the
expiration of the 60-day period that begins on the date of the
enactment of this title.''.
(b) Termination of Technical Guidelines Development Committee.--
Section 221 of such Act (52 U.S.C. 20961) is amended by adding at the
end the following new subsection:
``(g) Termination.--Effective on the Commission termination date
described in section 1005, the Development Committee is terminated.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end the following:
``TITLE X--TERMINATION OF COMMISSION
``Sec. 1001. Termination.
``Sec. 1002. Office of Management and Budget to perform transition
functions.
``Sec. 1003. Savings provisions.
``Sec. 1004. Return to Federal Election Commission of authority to
carry out certain functions under National
Voter Registration Act of 1993.
``Sec. 1005. Commission termination date.''.
SEC. 3. CONFORMING AMENDMENTS RELATING TO RETURN OF CERTAIN AUTHORITY
TO FEDERAL ELECTION COMMISSION.
(a) Federal Election Campaign Act of 1971.--Section 311(a) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30111(a)) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(10) carry out the duties described in section 9(a) of
the National Voter Registration Act of 1993.''.
(b) National Voter Registration Act of 1993.--Section 9(a) of the
National Voter Registration Act of 1993 (52 U.S.C. 20508(a)) is amended
by striking ``Election Assistance Commission'' and inserting ``Federal
Election Commission''.
(c) Effective Date.--The amendments made by this section shall take
effect on the Commission termination date described in section 1005 of
the Help America Vote Act of 2002 (as added by section 2(a)). | Election Assistance Commission Termination Act This bill amends the Help America Vote Act of 2002 to terminate the Election Assistance Commission (EAC), including the EAC Standards Board and the EAC Board of Advisors. The Office of Management and Budget must perform EAC functions with respect to existing contracts and agreements and must wind up EAC affairs. This bill transfers specified election administration functions of the EAC to the Federal Election Commission. This bill terminates the Technical Guidelines Development Committee. | {"src": "billsum_train", "title": "Election Assistance Commission Termination Act"} | 1,758 | 98 | 0.487477 | 1.281456 | 0.632227 | 2.52809 | 17.325843 | 0.775281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Islands National Seashore Land
Exchange Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the parcel
of approximately 1.542 acres of land that is located within the
Gulf Islands National Seashore in Jackson County, Mississippi, and
identified as ``NPS Exchange Area'' on the Map.
(2) Map.--The term ``Map'' means the map entitled ``Gulf
Islands National Seashore, Proposed Land Exchange with VFW, Davis
Bayou Area--Jackson County, MS'', numbered 635/133309, and dated
June 2016.
(3) Non-federal land.--The term ``non-Federal land'' means the
parcel of approximately 2.161 acres of land that is located in
Jackson County, Mississippi, and identified as ``VFW Exchange
Area'' on the Map.
(4) Post.--The term ``Post'' means the Veterans of Foreign Wars
Post 5699.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
SEC. 3. GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE.
(a) In General.--The Secretary may convey to the Post all right,
title, and interest of the United States in and to the Federal land in
exchange for the conveyance by the Post to the Secretary of all right,
title, and interest of the Post in and to the non-Federal land.
(b) Equal Value Exchange.--
(1) In general.--The values of the Federal land and non-Federal
land to be exchanged under this section shall be equal, as
determined by an appraisal conducted--
(A) by a qualified and independent appraiser; and
(B) in accordance with nationally recognized appraisal
standards.
(2) Equalization.--If the values of the Federal land and non-
Federal land to be exchanged under this section are not equal, the
values shall be equalized through--
(A) a cash payment; or
(B) adjustments to the acreage of the Federal land or non-
Federal land to be exchanged, as applicable.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--As a condition of the exchange
authorized under this section, the Secretary shall require the Post
to pay the costs to be incurred by the Secretary, or to reimburse
the Secretary for the costs incurred by the Secretary, to carry out
the exchange, including--
(A) survey costs;
(B) any costs relating to environmental documentation; and
(C) any other administrative costs relating to the land
exchange.
(2) Refund.--If the Secretary collects amounts from the Post
under paragraph (1) before the Secretary incurs the actual costs
and the amount collected by the Secretary exceeds the costs
actually incurred by the Secretary to carry out the land exchange
under this section, the Secretary shall provide to the Post a
refund of the excess amount paid by the Post.
(3) Treatment of certain amounts received.--Amounts received by
the Secretary from the Post as reimbursement for costs incurred
under paragraph (1) shall be--
(A) credited to the fund or account from which amounts were
used to pay the costs incurred by the Secretary in carrying out
the land exchange;
(B) merged with amounts in the fund or account to which the
amounts were credited under subparagraph (A); and
(C) available for the same purposes as, and subject to the
same conditions and limitations applicable to, amounts in the
fund or account to which the amounts were credited under
subparagraph (A).
(d) Description of Federal Land and Non-Federal Land.--The exact
acreage and legal description of the Federal land and non-Federal land
to be exchanged under this section shall be determined by surveys that
are determined to be satisfactory by the Secretary and the Post.
(e) Conveyance Agreement.--The exchange of Federal land and non-
Federal land under this section shall be--
(1) carried out through a quitclaim deed or other legal
instrument; and
(2) subject to such terms and conditions as are mutually
satisfactory to the Secretary and the Post, including such
additional terms and conditions as the Secretary considers to be
appropriate to protect the interests of the United States.
(f) Valid Existing Rights.--The exchange of Federal land and non-
Federal land authorized under this section shall be subject to valid
existing rights.
(g) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this section shall be in a form acceptable to the
Secretary.
(h) Treatment of Acquired Land.--Any non-Federal land and interests
in non-Federal land acquired by the United States under this section
shall be administered by the Secretary as part of the Gulf Islands
National Seashore.
(i) Modification of Boundary.--On completion of the exchange of
Federal land and non-Federal land under this section, the Secretary
shall modify the boundary of the Gulf Islands National Seashore to
reflect the exchange of Federal land and non-Federal land.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . Gulf Islands National Seashore Land Exchange Act of 2017 (Sec. 2) This bill authorizes the National Park Service (NPS) to convey specified federal lands located within the Gulf Islands National Seashore in Jackson County, Mississippi, to the Veterans of Foreign Wars Post 5699 in exchange for certain land located in such county. The values of the parcels to be exchanged shall be determined by an independent appraiser in accordance with nationally recognized appraisal standards. If the values of such parcels are not equal, their values shall be equalized through a cash payment or adjustments to their acreage. The NPS shall require the Post to pay or reimburse the costs incurred by the NPS to carry out such exchange. The bill subjects the exchange to valid existing rights. Land acquired by the United States under this bill shall be administered as part of the Gulf Islands National Seashore. | {"src": "billsum_train", "title": "Gulf Islands National Seashore Land Exchange Act of 2017"} | 1,188 | 184 | 0.70976 | 2.147149 | 0.778366 | 3.355422 | 6.409639 | 0.89759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Life Safety and Security
Systems Federal Background Check Act of 2013''.
SEC. 2. ELECTRONIC LIFE SAFETY AND SECURITY SYSTEMS FEDERAL BACKGROUND
CHECKS.
(a) Findings.--Congress finds the following:
(1) The electronic life safety and security systems
industry performs critical security installation and protection
for much of the infrastructure in the United States and
provides commercial buildings, public agencies and residences
with alarm and security systems that are an important part of
homeland security and anti-crime and terrorist prevention.
(2) The electronic life safety and security systems
industry includes central monitoring stations and individual
employer-owned companies and other private sector businesses
that install alarm and security systems in infrastructure of
the United States.
(3) Some States do not provide for any licensing or
regulation requirement that includes a State or Federal
background check on employees of the companies involved in the
electronic life safety and security systems industry.
(4) Many employees in the electronic life safety and
security systems industry travel across State lines to install
systems and may or may not be required to undergo Federal
background checks as a condition of employment and in some
cases there may be background check requirements at the State
level or duplicated background checks at the county or city
levels.
(b) Definitions.--In this section:
(1) Electronic life safety and security systems industry.--
The term ``electronic life safety and security systems
industry'' means businesses that provide electronic life safety
and security systems installation and central monitoring of
fire and burglar alarm systems to public or private entities,
including fire alarms, burglar alarms, smoke detection, closed-
circuit TV, biometric systems, access control systems, personal
emergency response systems, and other crime prevention systems.
(2) Employee.--The term ``employee'' means an individual
employed in the electronic life safety and security systems
industry.
(3) Prospective employee.--The term ``prospective
employee'' means an individual seeking employment in the
electronic life safety and security systems industry.
(4) Covered entity.--The term ``covered entity'' means any
employer in the electronic life safety and security systems
industry.
(c) Purpose.--The purpose of this section is to facilitate
widespread access to State and national criminal history background
checks, not otherwise authorized by Federal or State law, on employees
and prospective employees in the electronic life safety and security
systems industry.
(d) Establishment of Background Check.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General shall establish
a method to permit covered entities to request a fitness
determination by a governmental entity based on State and
Federal fingerprint-based criminal history background checks,
in accordance with the information contained in records
acquired under section 534 of title 28, United States Code.
(2) Duties.--The Attorney General shall--
(A) inform covered entities about how to request
background checks--
(i) for covered entities located in a State
with a qualified State program, as determined
by the Attorney General, by referring the
covered entities to the State authorized
agency; and
(ii) for covered entities located in a
State without a qualified State program, as
determined by the Attorney General, by
providing information on alternative methods of
obtaining a background check;
(B) complete a check of the national criminal
history records system;
(C) establish procedures for the secure receipt of
criminal history records;
(D) make determinations regarding whether the
criminal history records received in response to a
background check conducted under this section indicate,
that the employee or prospective employee has a
criminal history that may bear on the employee's or
prospective employee's fitness for employment in the
electronic life safety and security systems industry,
based on whether the employee or prospective employee
has, during the 10-year period before the background
check is conducted, been convicted of or imprisoned for
a felony or an offense involving dishonesty or false
statement or the use of force against the person of
another; and
(E) convey to the covered entity requesting the
background check, the fitness determination of the
employee or prospective employee.
(3) Provision of records to employees and prospective
employees and opportunity to challenge or withdraw consent.--
(A) In general.--When the Attorney General makes a
determination under paragraph (2) that an employee's or
prospective employee's criminal history may bear on
that employee's or prospective employee's fitness for
employment, the Attorney General shall provide the
employee or prospective employee with the criminal
history records of the employee or prospective employee
and a detailed notification of the rights of the
employee or prospective employee under this paragraph.
(B) Opportunity to challenge or withdraw consent.--
An employee or prospective employee described in
subparagraph (A) may challenge the accuracy or
completeness of any information in the criminal history
record or to withdraw consent to participate in the
fitness determination under procedures the Attorney
General shall establish.
(4) Fees.--The Attorney General shall collect from an
employer requesting a fitness determination under this section
a fee to offset the costs of carrying out the duties described
in this section, including this subsection, in an amount equal
to the sum of the actual cost of conducting the fitness
determination and other criteria.
(e) Privacy of Information.--
(1) Prohibition on unauthorized disclosure or use of
criminal history records.--Except for an employee or
prospective employee, any entity or individual authorized to
receive or transmit fingerprints or criminal history records
under this section--
(A) shall use the fingerprints, criminal history
records, or information in the criminal history records
only for the purposes specifically set forth in this
section; and
(B) shall maintain adequate security measures to
ensure the confidentiality of the fingerprints, the
criminal history records, and the information in the
criminal history records.
(2) Compliance.--The Attorney General shall issue
regulations--
(A) to ensure the enforcement of the nondisclosure
requirements under paragraph (1) and to provide for
appropriate sanctions in the case of violations of the
requirements; and
(B) to ensure the non-retention of fingerprints and
records obtained under this section by entities outside
the Department of Justice for periods longer than those
necessary to carry out the functions for which the
records were obtained. | Electronic Life Safety and Security Systems Federal Background Check Act of 2013 - Directs the Attorney General to establish a method to permit employers in the electronic life safety and security systems industry to request a fitness determination based on state and federal fingerprint-based criminal history background checks. Requires the Attorney General to: inform such employers about how to request background checks; complete a check of the national criminal history records system; establish procedures for the secure receipt of criminal history records; make determinations regarding whether the criminal history records received in response to a background check indicate a criminal history that may bear on the employee's or prospective employee's fitness for employment in such industry based on whether that individual has, during the preceding 10 years, been convicted of or imprisoned for a felony or an offense involving dishonesty, false statement, or the use of force against another; convey such fitness determination to the employer requesting the background check; provide an affected employee or prospective employee his or her criminal history records and notification of the right to challenge the accuracy or completeness of such records or to withdraw consent to participate in the determination; collect fees from employers to offset fitness determination costs; and issue regulations to ensure the enforcement of nondisclosure requirements for criminal history records. | {"src": "billsum_train", "title": "Electronic Life Safety and Security Systems Federal Background Check Act of 2013"} | 1,342 | 269 | 0.539627 | 1.564956 | 0.862413 | 4.261224 | 5.363265 | 0.897959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liver Research Enhancement Act of
2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) An estimated 25,000,000 people in the United States are
affected by a liver or liver-related disease.
(2) In excess of $8,800,000,000 is spent annually to
provide medical care for people in the United States with liver
disease.
(3) There are over 4,000,000 people in the United States
who are or have been infected with hepatitis C, 3,000,000 of
whom are chronically infected.
(4) Due to limited research, current treatments for
hepatitis C are effective in fewer than 50 percent of the
cases.
(5) A vaccine has not been developed for hepatitis C.
(6) There are 8,000 to 10,000 deaths each year due to
hepatitis C, and the annual death total is projected to
increase to 30,000 each year absent increased public health and
research interventions.
(7) Chronic infection with hepatitis B or C is associated
with an increased incidence of primary liver cancer, once a
rare malignancy in the United States, but now the fastest
growing cancer.
(8) There are 1,250,000 people in the United States who
have been infected with hepatitis B.
(9) Up to 15 percent of Asian and Pacific-Islander
Americans are chronically infected with hepatitis B.
(10) Fifteen out of every 100,000 people in the United
States are affected by a chronic, life-threatening disease
known as primary biliary cirrhosis (PBC), and 95 percent of
those affected are women.
(11) There is an emerging obesity-related chronic liver
disease, nonalcoholic fatty liver disease (NAFLD), which may
affect as many as 1 in every 4 adults over the age of 18.
(12) There are 15,000 children hospitalized in the United
States each year due to liver disease.
(13) The only option for many individuals with liver
disease is a liver transplant.
(14) There are over 17,600 people in the United States on
the waiting list for a liver transplant, but because of the
limited supply of livers available for transplantation only
approximately 5,100 transplants are performed each year.
(15) There are 1,400 people in the United States who die
each year waiting for a liver transplant, and that number is
expected to increase.
(16) To address the public health threat posed by liver
disease, there is a need for the establishment of a National
Center on Liver Disease Research to provide dedicated
scientific leadership, to create a research action plan, and to
ensure the funding of the scientific opportunities identified
by the plan.
SEC. 3. NATIONAL CENTER ON LIVER DISEASE RESEARCH.
Subpart 3 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285c, et seq.) is amended by adding at the end the
following:
``national center on liver disease research
``Sec. 434B. (a) Establishment.--There is established the National
Center on Liver Disease Research (hereafter in this section referred to
as the `Center') in the National Institute of Diabetes and Digestive
and Kidney Diseases.
``(b) Director.--The Center shall be headed by a Director, who
shall be appointed by the Director of the Institute, in consultation
with the Director of NIH, from among individuals with the highest
scientific credentials. The Director of the Center shall report
directly to the Director of the Institute.
``(c) Duties.--To ensure the development of increased understanding
of and better treatments and cures for liver diseases through a
dedicated scientific leadership and an adequate allocation of
resources, the Director shall--
``(1) assist the Liver Disease Research Advisory Board to
develop the Liver Disease Research Action Plan; and
``(2) encourage and coordinate the implementation of the
Plan by the national research institutes, including by issuing
research solicitations and by using all other available
mechanisms.
``(d) Liver Disease Research Advisory Board.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of the Liver Research Enhancement Act of 2005,
the Director of NIH shall establish a board to be known as the
Liver Disease Research Advisory Board (hereafter in this
section referred to as the `Advisory Board').
``(2) Duties.--The Advisory Board shall advise and assist
the Director of the Center concerning matters relating to liver
disease research, including by developing and revising the
Liver Disease Research Action Plan in accordance with
subsection (e).
``(3) Voting members.--The Advisory Board shall be composed
of 18 voting members appointed by the Director of NIH, in
consultation with the Director of the Institute, of whom 12
shall be eminent scientists and 6 shall be lay persons. The
Director of NIH, in consultation with the Director of the
Institute, shall select 1 of the members to serve as the Chair
of the Advisory Board.
``(4) Ex officio members.--The Director of NIH shall
appoint each director of a national research institute that
funds liver disease research to serve as a nonvoting, ex
officio member of the Advisory Board. The Director of NIH shall
invite 1 representative of the Centers for Disease Prevention
and Control, 1 representative of the Food and Drug
Administration, and 1 representative of the Department of
Veterans Affairs to serve as such a member. Each ex officio
member of the Advisory Board may appoint an individual to serve
as that member's representative on the Advisory Board.
``(e) Liver Disease Research Action Plan.--
``(1) Development.--Not later than 15 months after the date
of the enactment of the Liver Research Enhancement Act of 2005,
the Advisory Board shall develop (with appropriate support from
the Director and staff of the Center) a comprehensive plan for
the conduct and support of liver disease research to be known
as the Liver Disease Research Action Plan. The Advisory Board
shall submit the Plan to the Director of NIH and the head of
each institute or center within the National Institutes of
Health that funds liver disease research.
``(2) Content.--The Liver Disease Research Action Plan
shall identify scientific opportunities and priorities of liver
disease research necessary to increase understanding of and to
prevent, cure, and develop better treatment protocols for liver
diseases.
``(3) Revision.--The Advisory Board shall revise every 3
years the Liver Disease Research Action Plan, but shall meet
annually to review progress and to amend the Plan as may be
appropriate because of new scientific discoveries.
``(f) Allocation of Funds.--Subject to the availability of
appropriations, the Director of each institute or center within the
National Institutes of Health shall allocate to liver disease research
through peer-reviewed methods, the amounts necessary to fund existing
scientific research opportunities and, subject to completion and
subsequent updates of the Liver Disease Research Action Plan, amounts
adequate to carry out the recommendations of the Plan.''. | Liver Research Enhancement Act of 2005 - Amends the Public Health Service Act to establish the National Center on Liver Disease Research in the National Institute of Diabetes and Digestive and Kidney Diseases to ensure the development of increased understanding of, and better treatments and cures for, liver diseases.
Requires the Director of the National Institutes of Health (NIH) to establish the Liver Disease Research Advisory Board to: (1) advise and assist the Director of the Center concerning matters relating to liver disease research; and (2) develop the Liver Disease Research Action Plan to identify scientific opportunities and priorities of liver disease research. Requires the Director of each institute or center within NIH to allocate for liver disease research amounts necessary to: (1) fund existing scientific research opportunities; and (2) carry out the recommendations of the Plan. | {"src": "billsum_train", "title": "To establish the National Center on Liver Disease Research, and for other purposes."} | 1,550 | 174 | 0.461205 | 1.268322 | 0.563711 | 4.828025 | 9.127389 | 0.980892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gifted and Talented Students
Education Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress makes the following findings:
(1) Gifted and talented students give evidence of high
performance capability in specific academic fields, or in areas
such as intellectual, creative, artistic, or leadership
capacity, and require services or activities not ordinarily
provided by a school in order to fully develop such
capabilities. Gifted and talented students are from all
cultural, racial, and ethnic backgrounds, and socioeconomic
groups. Some such students have disabilities and for some,
English is not their first language. Many students from such
diverse backgrounds have been historically underrepresented in
gifted education programs.
(2) Because gifted and talented students generally are more
advanced academically, are able to learn more quickly and study
in more depth and complexity than others their age, the
students have special educational needs that require
opportunities and experiences that are different from those
generally available in regular education programs.
(3) Parents and families are essential partners to schools
in developing appropriate educational services for gifted and
talented students. They need access to information, research
and support regarding the characteristics of gifted children
and their educational and social and emotional needs, as well
as information on available strategies and resources for
education in State and local communities.
(4) There currently is no Federal requirement to identify
or serve the Nation's approximately 3,000,000 gifted and
talented students.
(5) While some States and school districts allocate
resources to educate gifted and talented students, others do
not. Additionally, State laws and State and local funding,
identification, and accountability mechanisms vary widely,
resulting in a vast disparity of services for this special-
needs population.
(6) If the United States is to compete successfully in the
global economy, it is important that more students achieve to
higher levels, and that highly capable students receive an
education that prepares them to perform the most highly
innovative and creative work that is necessary in today's
workplace.
(7) The performance of twelfth-grade advanced students in
the United States on the Third International Mathematics and
Science Study (TIMSS) was among the lowest in the world. In
each of 5 physics content areas in the study and in each of 3
math content areas in the study, the performance of physics and
advanced mathematics students in the United States was among
the lowest of participating countries.
(8) Elementary school students that are gifted and talented
have already mastered 35 to 50 percent of the material covered
in a school year in several subject areas before the school
year begins.
(9) In 1990, fewer than 2 cents out of every $100 spent on
elementary and secondary education in the United States was
devoted to providing challenging programming for the Nation's
gifted and talented students.
(b) Purpose.--The purpose of this Act is to provide grants to
States to support programs, classes, and other services designed to
meet the needs of the Nation's gifted and talented students in
elementary and secondary schools.
SEC. 3. PROGRAM AUTHORIZATION AND ACTIVITIES.
(a) In General.--The Secretary is authorized to provide grants to
States for use by public schools to develop or expand gifted and
talented education programs and to provide direct educational services
and materials through 1 or more of the following activities:
(1) Professional development programs.--States may expend
funds to develop and implement programs to address State and
local needs for inservice training programs for general
educators, specialists in gifted and talented education,
administrators, school counselors, or other personnel at the
elementary and secondary levels.
(2) Technical assistance.--A State may make materials and
services available through State regional education service
centers, universities, colleges, or other entities.
(3) Programs and services.--
(A) Direct services and materials.--States may
expend funds to provide direct educational services and
materials to gifted and talented students. Strategies
developed with such funds may include curriculum
compacting, modified or adapted curriculum,
acceleration, independent study, and dual enrollment.
(B) Innovative approaches.--States may support
innovative approaches and curricula used by school
districts, individual schools, or consortia of schools
or school districts.
(4) Emerging technologies.--States may provide funds to
provide challenging, high-level course work to individual
students or groups of students in schools and school districts that do
not have the resources to otherwise provide the courses through new and
emerging technologies, including distance learning. Funds may be used
to develop curriculum packages, compensate distance-learning educators,
or for other relevant purposes, but may not be used for the purchase or
upgrading of technological hardware.
(b) State Infrastructure Costs.--
(1) Administrative Costs.--Not more than 10 percent of the
total amount received under this Act may be used for State
educational agency administrative costs, such as--
(A) facilitating the coordination of gifted and
talented education programs and services;
(B) disseminating information and materials to
teachers and parents;
(C) creating State gifted education advisory
boards; and
(D) administering funds received under this Act.
(2) Education and support.--Not more than 2 percent of the
total amount received under this Act may be used by a State to
provide information, education, and support to parents and
caregivers of gifted and talented children to enhance their
ability to participate in decisions regarding their children's
educational programs. Such education shall be developed and
carried out by parents and caregivers or by parents and
caregivers in partnership with the State.
SEC. 4. APPLICATION.
(a) In General.--To be eligible to receive a grant under this Act,
a State educational agency shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may reasonably require.
(b) Contents.--The application described in subsection (a) shall
include assurances that--
(1) funds received under this Act shall be used to identify
and support gifted and talented students, including students
from all economic, ethnic, and racial backgrounds, students of
limited English proficiency, students with disabilities, and
highly gifted students;
(2) not less than 88 percent of the funds received by the
State will be distributed to public schools within the State;
(3) funds received under this Act shall be used only to
supplement, but not supplant, the amount of State and local
funds expended for the specialized education and related
services provided for the education of gifted and talented
students; and
(4) the State shall develop and implement program
assessment models to evaluate educational effectiveness and
ensure program accountability.
(c) Approval.--The Secretary shall approve an application of a
State educational agency if such application meets the requirements of
this section.
SEC. 5. ALLOTMENT TO STATES.
(a) In General.--Except as provided in subsection (b), of the total
amount made available to carry out this Act for a fiscal year, the
Secretary shall award to each State an amount that bears the same
relation to the total amount as the number of children ages 5 through
18 in the State for the preceding academic year bears to the total
number of all such children in all States for such year.
(b) Minimum Award.--
(1) In general.--Except as provided in paragraph (2), each
State that meets the requirements of this Act shall receive not
less than $1,000,000 for the fiscal year involved.
(2) Ratable reduction.--If the amount made available to
carry out this Act for a fiscal year is insufficient to
allocate the amount specified in paragraph (1) to each State,
the allocation shall be ratably reduced for each State.
SEC. 6. REPORTING.
Not later than 1 year after the date of the enactment of this Act
and for each subsequent year thereafter, the State educational agency
shall submit an annual report to the Secretary that describes the
number of students served and the activities supported with funds
provided under this Act. The report shall include a description of the
measures taken to comply with the accountability requirements of
section 4.
SEC. 7. DEFINITIONS.
In this Act:
(1) Gifted and talented.--The term ``gifted and talented''
has the meaning given such term under applicable State law or
as such term is defined by the State or local educational
agency involved, or in the case of a State that does not have a
law that defines the term and the State or local educational
agency has not defined the term, the term has the meaning given
such term under section 14101(16) of the Elementary and
Secondary Education Act (20 U.S.C. 8801(16)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(3) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
(4) State educational agency.--The term ``State educational
agency'' has the meaning given the term under section 14101(28)
of the Elementary and Secondary Education Act (20 U.S.C.
8801(28)).
SEC. 8. AUTHORIZATION OF APPROPRIATION.
There is authorized to be appropriated $160,000,000 for each of
fiscal years 2000, 2001, 2002, 2003, and 2004 to carry out this Act. | Gifted and Talented Students Education Act of 1999 - Authorizes the Secretary of Education to make grants to States for use by public schools to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs; (2) technical assistance; (3) direct services and materials for gifted and talented students, through revised curricula, acceleration, independent study, dual enrollment or other strategies; (4) innovative approaches and curricula; and (4) emerging technologies, including distance learning.
Allows States to use a limited portion of such grant funds for information, education, and support to parents and caregivers for their participation in deciding on educational programs for their gifted and talented children.
Sets forth requirements for grant applications, allotment to States, and reporting.
Authorizes appropriations. | {"src": "billsum_train", "title": "Gifted and Talented Students Education Act of 1999"} | 1,977 | 174 | 0.511937 | 1.334929 | 0.835317 | 3.748428 | 12.069182 | 0.918239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jacob Sexton Military Suicide
Prevention Act of 2014''.
SEC. 2. ANNUAL MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED
FORCES.
(a) Mental Health Assessments.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074m the following
new section:
``Sec. 1074n. Annual mental health assessments for members of the armed
forces
``(a) Mental Health Assessments.--Subject to subsection (d), not
less frequently than once each calendar year, the Secretary of Defense
shall provide a person-to-person mental health assessment for--
``(1) each member of the armed forces on active duty; and
``(2) each member of the Ready Reserve of an armed force.
``(b) Purpose.--The purpose of a mental health assessment provided
pursuant to this section shall be to identify mental health conditions
among members of the armed forces in order to determine which such
members are in need of additional care, treatment, or other services
for such health conditions.
``(c) Elements.--The mental health assessments provided pursuant to
this section shall--
``(1) be conducted in accordance with the requirements of
subsection (c)(1) of section 1074m of this title with respect
to a mental health assessment provided pursuant to such
section; and
``(2) include a review of the health records of the member
that are related to each previous health assessment or other
relevant activities of the member while serving in the armed
forces, as determined by the Secretary.
``(d) Sufficiency of Other Mental Health Assessments.--(1) The
Secretary is not required to provide a mental health assessment
pursuant to this section to an individual in a calendar year in which
the individual has received a mental health assessment pursuant to
section 1074m of this title.
``(2) The Secretary may treat periodic health assessments and other
person-to-person assessments that are provided to members of the armed
forces, including examinations under section 1074f of this title, as
meeting the requirements for mental health assessments required under
this section if the Secretary determines that such assessments and
person-to-person assessments meet the requirements for mental health
assessments established by this section.
``(e) Reports.--(1) Not less frequently than once each year, the
Secretary of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report on the annual mental health assessments of
members of the armed forces conducted pursuant to this section.
``(2) Each report required by paragraph (1) shall include, with
respect to assessments conducted pursuant to this section during the
one-year period preceding the date of the submittal of such report, the
following:
``(A) The number of members who received an assessment.
``(B) A description of the tools and processes used to
provide such assessments, including--
``(i) whether such tools and processes are
evidenced-based; and
``(ii) the process by which such tools and
processes have been approved for use in providing
mental health assessments.
``(C) A description of the mental health conditions
detected through such assessments.
``(D) The number of members referred for care and services
based on mental health conditions detected through such
assessments.
``(E) Such recommendations for improving the monitoring and
reporting of the number of members who receive care and
services based on such referrals as the Secretary considers
appropriate.
``(F) Such recommendations for improving the tools and
processes used to conduct such assessments, including tools
that may address the underreporting of mental health
conditions, as the Secretary considers appropriate.
``(3) No personally identifiable information may be included in any
report under paragraph (1).
``(f) Privacy Matters.--Any medical or other personal information
obtained under this section shall be protected from disclosure or
misuse in accordance with the laws on privacy applicable to such
information.
``(g) Regulations.--The Secretary of Defense shall, in consultation
with the other administering Secretaries, prescribe regulations for the
administration of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1074m the following new
item:
``1074n. Annual mental health assessments for members of the armed
forces.''.
(3) Implementation.--Not later than 180 days after the date
of the issuance of the regulations prescribed under section
1074n(g) of title 10, United States Code, as added by paragraph
(1) of this subsection, the Secretary of Defense shall
implement such regulations.
(b) Conforming Amendment.--Section 1074m(e)(1) of such title is
amended by inserting ``and section 1074n of this title'' after
``pursuant to this section''.
SEC. 3. INTERAGENCY WORKING GROUP ON THE PROVISION OF MENTAL HEALTH
SERVICES TO MEMBERS OF THE NATIONAL GUARD AND THE
RESERVES.
(a) Establishment.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretaries of the military departments, the Assistant
Secretary of Defense for Reserve Affairs, the Assistant Secretary of
Defense for Health Affairs, the Chief of the National Guard Bureau, and
the Secretary of Health and Human Services, convene an interagency
working group to review and recommend collaborative approaches to
improving the provision of mental health services to members of the
National Guard and the Reserves.
(b) Duties.--The duties of the interagency working group convened
pursuant to subsection (a) are as follows:
(1) To review existing programs that can be used to improve
the provision of accessible, timely, and high-quality mental
health services to members of the National Guard and the
Reserves.
(2) To recommend new interagency programs and partnerships
to improve the provision of such mental health services to such
members.
(3) To recommend best practices for partnerships among the
Armed Forces, the National Guard, the Department of Health and
Human Services, States, and private and academic entities to
improve the provision of mental health care to members of the
National Guard and the Reserves.
(c) Consultation.--In carrying out the duties under subsection (b),
the interagency working group may consult with representatives of
academia, industry, and such other relevant agencies, organizations,
and institutions as the interagency working group considers
appropriate.
(d) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report that
includes the findings and recommendations of the interagency
working group.
(2) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the congressional defense committees, as that
term is defined in section 101(a)(16) of title 10,
United States Code;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(C) the Committee on Energy and Commerce of the
House of Representatives.
(e) Privacy Matters.--
(1) In general.--Any medical or other personal information
obtained pursuant to any provision of this section shall be
protected from disclosure or misuse in accordance with the laws
on privacy applicable to such information.
(2) Exclusion of personally identifiable information from
reports.--No personally identifiable information may be
included in any report required by subsection (d).
SEC. 4. REPORT ON IMPROVEMENTS IN THE IDENTIFICATION AND TREATMENT OF
MENTAL HEALTH CONDITIONS AND TRAUMATIC BRAIN INJURY AMONG
MEMBERS OF THE ARMED FORCES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report setting forth an
evaluation of specific tools, processes, and best practices to improve
the identification of and treatment by the Armed Forces of mental
health conditions and traumatic brain injury among members of the Armed
Forces.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An evaluation of existing peer-to-peer identification
and intervention programs in each of the Armed Forces.
(2) An evaluation of the Star Behavioral Health Providers
program and similar programs that provide training and
certification to health care providers that treat mental health
conditions and traumatic brain injury in members of the Armed
Forces.
(3) An evaluation of programs and services provided by the
Armed Forces that provide training and certification to
providers of cognitive rehabilitation and other rehabilitation
for traumatic brain injury to members of the Armed Forces.
(4) An evaluation of programs and services provided by the
Armed Forces that target members of the Armed Forces and family
members affected by suicides among members of the Armed Forces.
(5) An evaluation of tools and processes used by the Armed
Forces to identify traumatic brain injury in members of the
Armed Forces and to distinguish mental health conditions likely
caused by traumatic brain injury from mental health conditions
caused by other factors.
(6) An evaluation of the unified effort of the Armed Forces
to promote mental health and prevent suicide through the
integration of clinical and non-clinical programs of the Armed
Forces.
(7) Recommendations with respect to improving,
consolidating, expanding, and standardizing the programs,
services, tools, processes, and efforts described in paragraphs
(1) through (6).
(8) A description of existing efforts to reduce the time
from development and testing of new mental health and traumatic
brain injury tools and treatments for members of the Armed
Forces to widespread dissemination of such tools and treatments
among the Armed Forces.
(9) Recommendations as to the feasibility and advisability
of establishing preliminary mental health assessments and pre-
discharge mental health assessments for members of the Armed
Forces, including the utility of using tools and processes in
such mental health assessments that conform to those used in
other mental health assessments provided to members of the
Armed Forces.
(10) Recommendations on tracking changes in the mental
health assessment of a member of the Armed Forces relating to
traumatic brain injury, post-traumatic stress disorder,
depression, anxiety, and other conditions.
(11) A description of the methodology used by the Secretary
in preparing the report required by this section, including a
description of the input provided by the entity and individuals
consulted pursuant to subsection (c).
(c) Consultation.--The Secretary of Defense shall carry out this
section in consultation with the following:
(1) An advisory council composed of--
(A) behavioral health officers of the Public Health
Service; and
(B) mental health and other health providers who
serve members of the regular and reserve components of
each Armed Force.
(2) The Assistant Secretary of Defense for Health Affairs.
(3) The Assistant Secretary of Defense for Reserve Affairs.
(4) The Secretaries of the military departments.
(5) The Chief of the National Guard Bureau.
(6) The Secretary of Veterans Affairs.
(7) The Secretary of Health and Human Services.
(8) The Director of the Centers for Disease Control and
Prevention.
(9) The Administrator of the Substance Abuse and Mental
Health Services Administration.
(10) The Director of the National Institutes of Health.
(11) The President of the Institute of Medicine.
(d) Privacy Matters.--
(1) In general.--Any medical or other personal information
obtained pursuant to any provision of this section shall be
protected from disclosure or misuse in accordance with the laws
on privacy applicable to such information.
(2) Exclusion of personally identifiable information from
reports.--No personally identifiable information may be
included in any report required by subsection (a).
(e) Definitions.--In this section:
(1) Preliminary mental health assessment.--The term
``preliminary mental health assessment'' means a mental health
assessment conducted with respect to an individual before the
individual enlists in the Armed Forces or is commissioned as an
officer in the Armed Forces.
(2) Pre-discharge mental health assessment.--The term
``pre-discharge mental health assessment'' means a mental
health assessment conducted with respect to an individual
during the 90-day period preceding the date of discharge or
release of the individual from the Armed Forces. | Jacob Sexton Military Suicide Prevention Act of 2014 - Directs the Secretary of Defense (DOD), at least once each year, to: (1) provide a person-to-person mental health assessment for each member of the Armed Forces on active duty and for each member of the Ready Reserve of an Armed Force for the purpose of identifying mental health conditions to determine which members are in need of additional care, treatment, or other services; and (2) submit to the House and Senate Armed Services Committees a report on such assessments, including on the number of members referred for care and services based on mental health conditions detected. Requires the Secretary to: (1) convene an interagency working group to review and recommend collaborative approaches to improving the provision of mental health services to members of the National Guard and the Reserves; (2) report the findings and recommendations of the working group to specified congressional committees; and (3) report to the Armed Services Committees on an evaluation of specific tools, processes, and best practices to improve the identification of, and treatment by the Armed Forces of, mental health conditions and traumatic brain injury among members of the Armed Forces. | {"src": "billsum_train", "title": "Jacob Sexton Military Suicide Prevention Act of 2014"} | 2,761 | 247 | 0.631401 | 1.76969 | 0.815437 | 5.784141 | 11.484581 | 0.973568 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kalief Browder Reentry Success Act
of 2017'' or ``Kalief's Law''.
SEC. 2. MENTAL HEALTHCARE PILOT PROGRAM FOR PRISONERS UPON RELEASE.
(a) Authorization.--The Attorney General, in consultation with the
Director of the National Institute of Mental Health, shall carry out a
pilot program in not more than 5 correctional facilities owned and
operated by the Bureau of Prisons and not more than 5 correctional
facilities owned or operated by a State or local department of
corrections in order to provide mental health services and other social
services to eligible individuals in accordance with subsection (b).
(b) Availability of Mental Health Services.--The head of a
correctional facility that is participating in the pilot program under
this section shall enter into a contract with a provider of mental
health services and providers of other social services in order to
provide, for eligible individuals, the following:
(1) A comprehensive screening of the individual's mental
health prior to the individual's release from custody.
(2) Upon release from a correctional facility, access to
mental health services and other social services, including
measures to facilitate the individual's access to--
(A) evidence-based psychosocial interventions;
(B) necessary psychiatric medications, including
re-evaluation by a psychiatrist who may prescribe
medications that are different than those eligible
individuals received in a correctional setting;
(C) the individual's medical records from the
correctional facility; and
(D) services to assist the individual in obtaining
housing, employment, and personal records, including
records which may be required to obtain a personal
identification card.
(c) Application for State and Local Correctional Facilities.--The
head of a State or local department of corrections seeking to
participate in the pilot program under this section shall submit to the
Attorney General an application at such time, in such manner, and
containing such information as the Attorney General may reasonably
require, including a plan to provide the services described in
subsection (b).
(d) Federal Prisons.--The Attorney General, in consultation with
the Director of the Bureau of Prisons, shall select the 5 Federal
correctional facilities to participate in the pilot program under this
section.
(e) Priority.--In determining which correctional facilities to
select for the pilot program under this section, the Attorney General
shall give priority to correctional facilities at which--
(1) a high percentage of prisoners spend time in
restrictive housing; or
(2) there is a high percentage of recidivism and
reincarceration among individuals recently released from that
correctional facility.
(f) Inclusion of Male and Female Correctional Facilities.--At least
one correctional facility participating in the pilot program shall be a
correctional facility at which only females are incarcerated, and at
least one correctional facility participating in the pilot program
shall be a correctional facility at which only males are incarcerated.
(g) Certain Correctional Facilities Ineligible.--A correctional
facility which is owned or operated by a private company with which a
State, unit of local government, or the Bureau of Prisons has a
contract is ineligible to participate in the pilot program under this
section.
(h) Termination.--The pilot program shall terminate on the date
which is 2 years after the funds to carry out the pilot program are
distributed to the correctional facilities participating in the pilot
program.
(i) Report.--Not later than 1 year after the conclusion of the
pilot program under this section, the Attorney General, in consultation
with the Director of the National Institute of Mental Health, shall
submit to Congress a report that contains the following information:
(1) Demographics of the eligible individuals who used the
mental health services and other social services made available
under the pilot program, including information relating to
race, ethnicity, age, types of disability, and gender.
(2) A description of the conditions at the correctional
facilities participating in the pilot program, including
information relating to the use and duration of restrictive
housing.
(3) Relating to the group of individuals described in
paragraph (1)--
(A) employment and earning statistics;
(B) information relating to housing and
homelessness rates;
(C) statistics relating to education levels;
(D) mental health treatment utilization and
adherence, and mental health outcomes;
(E) statistics relating to recidivism; and
(F) statistics relating to reincarceration.
(j) Definitions.--In this section:
(1) The term ``eligible individual'' means an individual
who is serving a term of imprisonment or who is detained
pending trial, and who has been ordered to be released from
incarceration on a date that is not more than 180 days after
the date on which the correctional facility at which the
individual is incarcerated receives funds to carry out the
pilot program under this section.
(2) The term ``restrictive housing'' means any type of
detention that involves--
(A) removal from the general inmate population,
whether voluntary or involuntary;
(B) placement in a locked room or cell, whether
alone or with another inmate; and
(C) inability to leave the room or cell for the
vast majority of the day.
(k) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 to carry out the program under this section
for each of fiscal years 2018 through 2020. | Kalief Browder Reentry Success Act of 2017 or Kalief's Law This bill directs the Department of Justice to establish a pilot program to provide pre-release mental health screenings and post-release mental heath and social services to individuals who are incarcerated or detained at federal and state or local correctional facilities. | {"src": "billsum_train", "title": "Kalief Browder Reentry Success Act of 2017"} | 1,205 | 75 | 0.607344 | 1.497781 | 0.663005 | 1.75 | 19.660714 | 0.857143 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Las Vegas Wash Wetlands Restoration
and Lake Mead Water Quality Improvement Act of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Las Vegas Wash is a significant ecosystem of desert
wetland created by treated effluent return flows, urban runoff,
and flood events from the Las Vegas Valley;
(2) a healthy wetland ecosystem in the Las Vegas Wash would
improve water quality in the Las Vegas Bay, the Lake Mead
National Recreation Area, and the lower Colorado River, which
is critical habitat for endangered and threatened fish and
wildlife populations;
(3) the Secretary of the Interior delivers municipal,
industrial, and agricultural water from the Colorado River to
millions of people in Nevada, Arizona, and California;
(4) a significant concern relating to water quality in Lake
Mead is the transmission of contaminants to the Colorado River
through the Las Vegas Wash from shallow ground water seepage
originating at an industrial complex located in the southeast
part of the Las Vegas Valley, Nevada;
(5) such industrial complex was constructed by the Federal
Government during World War II to manufacture products required
by the Department of Defense, including perchlorate, which is
an essential component of rocket fuel used exclusively by the
Federal Government;
(6) over the past 20 years the Las Vegas Wash wetland has
been significantly eroded and deteriorated by flash floods,
increasing treated effluent flows, urban runoff, and polluted
shallow groundwater seepage;
(7) the loss of the Las Vegas Wash wetland is having an
adverse impact on wildlife habitat;
(8) the Las Vegas Wash wetland is a unique opportunity to
experience a wetland environment providing educational,
cultural, environmental, and recreation benefits to the
community of southern Nevada;
(9) as recommended by a citizens' water quality advisory
committee in 1998, the Las Vegas Wash Coordination Committee,
including Federal, State, and local agencies, was formed to
establish a comprehensive adaptive management plan for the Las
Vegas Wash wetland;
(10) from 1998 to 1999, the Committee engaged in an
extensive public process to evaluate the multifaceted
challenges associated with the restoration of the Las Vegas
Wash wetland;
(11) in October of 1999, the Committee initiated a process
for public comment on a comprehensive adaptive management plan;
(12) in January 2000, the adaptive management plan was
approved by the Board of the Southern Nevada Water Authority,
which is the coordinating agency for the Committee; and
(13) the adaptive management plan calls for a partnership
among Federal, State and local agencies with an interest in Las
Vegas Wash wetland.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the importance of the restoration of the
Las Vegas Wash wetland to water quality in the Colorado River
and a desert wetland ecosystem;
(2) to direct the affected Federal agencies to participate
constructively in the implementation of the Las Vegas Wash
Wetland Restoration and Lake Mead Water Quality Improvement
Project under the comprehensive adaptive management plan; and
(3) to authorize such sums as are necessary for the
affected Federal agencies to carry out specific tasks required
by the Project in partnership with the authority and other
State and local agencies involved in the Las Vegas Wash
Coordination Committee.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Authority.--The term ``Authority'' means the Southern
Nevada Water Authority, organized under the law of the State of
Nevada.
(2) Committee.--The term ``Committee'' means the 28-member
Las Vegas Wash Coordination Committee, including
representatives of--
(A) the Army Corps of Engineers;
(B) the Environmental Protection Agency;
(C) the United States Fish and Wildlife Service;
(D) the National Park Service;
(E) the Bureau of Reclamation;
(F) the Natural Resources Conservation Service;
(G) the Southern Nevada Water Authority;
(H) the Nevada Division of Environmental
Protection, Clark County, Nevada (including the Clark
County Department of Parks and Recreation);
(I) the Clark County Sanitation District;
(J) the cities of Las Vegas, North Las Vegas, and
Henderson, Nevada;
(K) the Clark County Regional Flood Control
District;
(L) other Federal, State, and local agencies;
(M) environmental groups; and
(N) private citizens.
(3) Project.--
(A) In general.--The term ``Project'' means the Las
Vegas Wash Wetlands Restoration and Lake Mead Water
Quality Improvement Project.
(B) Inclusions.--Such term includes the programs,
features, components, projects, and activities
identified in the Comprehensive Adaptive Management
Plan for the Las Vegas Wash developed by the Committee
and dated January 20, 2000.
SEC. 4. PARTICIPATION IN THE PROJECT.
(a) In General.--In addition to any other authority granted under
Federal law, the Secretary of the Army, the Administrator of the
Environmental Protection Agency, the Secretary of Agriculture, and the
Secretary of the Interior may participate in the continued development
and implementation of the Project.
(b) Federal Assistance.--The Secretary of the Army, the
Administrator of the Environmental Protection Agency, and the Secretary
of the Interior shall provide with respect to the Project such
technical assistance, interagency coordination, and funding for--
(1) the collection and modeling of hydrologic data for
water quality; and
(2) the design and construction of--
(A) erosion control facilities;
(B) wetland restoration features;
(C) ground water interdiction facilities;
(D) treated effluent transport diffusion and reuse
features;
(E) water quality improvement facilities; and
(F) any other project features developed under the
Las Vegas Wash Comprehensive Adaptive Management Plan.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Act. | Directs the Administrator and the Secretaries of the Army and Interior to provide, with respect to the Project, technical assistance, interagency coordination, and funding for: (1) the collection and modeling of hydrologic data for water quality; and (2) the design and construction of erosion control facilities, wetland restoration features, ground water interdiction facilities, treated effluent transport diffusion and reuse features, water quality improvement facilities, and other project features developed under the Las Vegas Wash Comprehensive Adaptive Management Plan.
Authorizes appropriations. | {"src": "billsum_train", "title": "Las Vegas Wash Wetlands Restoration and Lake Mead Water Quality Improvement Act of 2000"} | 1,294 | 112 | 0.56704 | 1.691682 | 0.626169 | 5.102041 | 12.653061 | 0.959184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Medicaid for America's
Children Act of 2009''.
SEC. 2. ENHANCED FMAP FOR CHILDREN UNDER MEDICAID.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (b), by inserting ``and subsection (y)''
after ``section 1933(d),''; and
(2) by adding at the end the following new subsection:
``(y) Conditions-Based Enhanced FMAP for Children.--
``(1) In general.--Subject to paragraph (4), in the case of
a State that meets the requirements of paragraph (2) with
respect to a quarter and that implements at least 3 of the
policies described in paragraph (3)(B) for the quarter under
the State plan under this title, the Federal medical assistance
percentage applicable with respect to expenditures made for
medical assistance for children shall be increased by the
percentage (specified in paragraph (3)(A)) of the number of
percentage points by which--
``(A) the enhanced FMAP (as defined in section
2105(b)), exceeds
``(B) the Federal medical assistance percentage
otherwise applicable.
``(2) Maintenance-of-effort requirements.--The requirements
of this paragraph with respect to a State for a quarter are
that the State must agree to the following two maintenance-of-
effort requirements:
``(A) An amount equivalent to the aggregate State
general revenue funds being applied as of July 1, 2008,
under this title for purposes of obtaining Federal
financial participation under this title for medical
assistance furnished to children must remain invested
in health care programs and services for children and
available to supplement (and not supplant) program
funding, with priority given to increasing
reimbursement rates for providers and coverage
expansion.
``(B) To maintain eligibility, methods, standards,
procedures, and provider rates applicable to children
under this title at levels not less than the levels in
effect as of July 1, 2008.
``(3) Scaling of increase based on degree of implementation
of policies.--
``(A) Percentage specified.--For purposes of
paragraph (1), in the case of a State that implements--
``(i) at least 6 of the policies described
in subparagraph (B) for a calendar quarter, the
percentage under this subparagraph is 100
percent;
``(ii) 5 of such policies, the percentage
under this paragraph is 75 percent; or
``(iii) fewer than 4 (but no less than 3)
of such policies, the percentage under this
paragraph is 50 percent.
``(B) Policies described.--The policies described
in this subparagraph are as follows (as more fully
specified by the Secretary):
``(i) The State has implemented 12-month
continuous coverage for children for medical
assistance under this title.
``(ii) Children leaving foster care on
their 18th birthday may maintain eligibility
for medical assistance under this title up to
the age of 23 if they are attending college
full- or part-time.
``(iii) As a condition of eligibility for
children under section 1902(l), the State does
not apply an asset test or applies a simplified
asset verification system.
``(iv) The State does not require a face-
to-face interview as a condition of eligibility
for children for medical assistance under this
title.
``(v) The State permits renewals of
eligibility for children for medical assistance
under this title to be effected
administratively or through an ex parte
process.
``(vi) The State permits a joint
application for medical assistance under this
title and for child health assistance under
title XXI with the same information
verification process to obtain assistance under
this title or title XXI.
``(vii) The State has implemented under
this title and title XXI presumptive
eligibility for children described in section
1920A.
``(viii) The State has implemented the
Express Lane eligibility option under section
1902(e)(13).
``(ix) The State provides for coordination
of delivery of care for children for which
medical assistance is available under this
title through a medical home or similar model.
``(4) Limitation.--This subsection shall not apply for any
calendar quarter for a State for which the State may be
eligible for an increase in FMAP under section 5001 of division
B of the American Recovery and Reinvestment Act (Public Law
111-5).
``(5) Children defined.--In this subsection, the term
`children' means an individual who is under 21 years of age.''. | Strengthening Medicaid for America's Children Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to require an increased federal medical assistance percentage (FMAP) for children in certain states that implement at least three of nine specified policies regarding medical assistance to children. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to provide for application of an enhanced Federal matching rate for children under the Medicaid Program if certain conditions are met."} | 1,024 | 64 | 0.561017 | 1.290386 | 0.872496 | 2.076923 | 18.942308 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smoke-Free Environment Act of
1993''.
SEC. 2. SMOKE-FREE ENVIRONMENT POLICY.
The Public Health Service Act is amended by adding the following
new title at the end thereof:
``TITLE XXVII--SMOKE-FREE ENVIRONMENTS
``SEC. 2701. SMOKE-FREE ENVIRONMENT POLICY.
``(a) Policy Required.--In order to protect children and adults
from cancer, respiratory disease, heart disease, and other adverse
health effects from breathing environmental tobacco smoke, the
responsible entity for each public facility shall adopt and implement
at such facility a smoke-free environment policy which meets the
requirements of subsection (b).
``(b) Elements of Policy.--Each smoke-free environment policy for a
public facility shall--
``(1) prohibit the smoking of cigarettes, cigars, and
pipes, and any other combustion of tobacco, within the facility
and on facility property within the immediate vicinity of the
entrance to the facility; and
``(2) post a clear and prominent notice of the smoking
prohibition in appropriate and visible locations at the public
facility.
The policy may provide an exception to the prohibition specified in
paragraph (1) for one or more specially designated smoking areas within
a public facility if such area or areas meet the requirements of
subsection (c).
``(c) Specially Designated Smoking Areas.--A specially designated
smoking area meets the requirements of this subsection if:
``(1) The area is ventilated in accordance with
specifications promulgated by the Administrator that insure
that air from the area is directly exhausted to the outside and
does not recirculate or drift to other areas within the public
facility.
``(2) Nonsmoking individuals do not have to enter the area
for any purpose.
``SEC. 2702. CITIZEN ACTIONS.
``(a) In General.--An action may be brought to enforce the
requirements of this title by any aggrieved person, any State or local
government agency, or the Administrator.
``(b) Venue.--Any action to enforce this title may be brought in
any United States district court for the district in which the
defendant resides or is doing business to enjoin any violation of this
title or to impose a civil penalty for any such violation in the amount
of not more than $5,000 per day of violation. The district courts shall
have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce this title and to impose civil
penalties under this title.
``(c) Notice.--An aggrieved person shall give any alleged violator
notice of at least 60 days prior to commencing an action under this
section. No action may be commenced by an aggrieved person under this
section if such alleged violator complies with the requirements of this
title within such 60-day period and thereafter.
``(d) Costs.--The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation
(including reasonable attorney and expert witness fees) to any
prevailing plaintiff, whenever the court determines such award is
appropriate.
``(e) Penalties.--The court in any action under this section to
apply civil penalties shall have discretion to order that such civil
penalties be used for projects which further the policies of this
title. The court shall obtain the view of the Administrator in
exercising such discretion and selecting any such projects.
``SEC. 2703. PREEMPTION.
``Nothing in this title shall preempt or otherwise affect any other
Federal, State or local law which provides protection from health
hazards from environmental tobacco smoke.
``SEC. 2704. REGULATIONS.
``The Administrator is authorized to promulgate such regulations as
the Administrator deems necessary to carry out this title.
``SEC. 2705. EFFECTIVE DATE.
``The requirements of this title shall take effect on the date one
year after the date of the enactment of the Smoke-Free Environment Act
of 1993.
``SEC. 2706. DEFINITIONS.
``As used in this title--
``(1) the term `Administrator' means the Administrator of
the Environmental Protection Agency;
``(2) the term `public facility' means any building
regularly entered by 10 or more individuals at least one day
per week, including any such building owned by or leased to a
Federal, State, or local government entity. Such term shall not
include any building or portion thereof regularly used for
residential purposes; and
``(3) the term `responsible entity' means, with respect to
any public facility, the owner of such facility, except that in
the case of any such facility or portion thereof which is
leased, such term means the lessee.''. | Smoke-Free Environment Act of 1993 - Amends the Public Health Service Act to add a new title on smoke free environments. Requires the responsible entity for each public facility to adopt, implement, and post a policy prohibiting smoking in the facility and on facility property in the immediate vicinity of the facility's entrance. Allows designated smoking areas if: (1) the area is ventilated to exhaust directly to the outside; and (2) nonsmoking individuals do not have to enter the area for any purpose. Allows enforcement actions by any aggrieved person, any State or local government agency, or the Administrator of the Environmental Protection Agency. Provides for civil monetary penalties. | {"src": "billsum_train", "title": "Smoke-Free Environment Act of 1993"} | 1,081 | 150 | 0.661653 | 1.846443 | 0.706708 | 4.128788 | 7.530303 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare Integrity Now for Children
and Families Act of 2012'' or the ``WIN for Children and Families
Act''.
SEC. 2. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF PROGRAMS.
(a) State Requirement.--Section 408(a) of the Social Security Act
(42 U.S.C. 608(a)) is amended by adding at the end the following new
paragraph:
``(12) State requirement to prevent unauthorized spending
of benefits.--
``(A) In general.--A State to which a grant is made
under section 403 shall maintain policies and practices
as necessary to prevent assistance provided under the
State program funded under this part from being used in
any electronic benefit transfer transaction in--
``(i) any liquor store;
``(ii) any casino, gambling casino, or
gaming establishment; or
``(iii) any retail establishment which
provides adult-oriented entertainment in which
performers disrobe or perform in an unclothed
state for entertainment.
``(B) Definitions.--For purposes of subparagraph
(A)--
``(i) Liquor store.--The term `liquor
store' means any retail establishment which
sells exclusively or primarily intoxicating
liquor. Such term does not include a grocery
store which sells both intoxicating liquor and
groceries including staple foods (within the
meaning of section 3(r) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(r))).
``(ii) Casino, gambling casino, or gaming
establishment.--The terms `casino', `gambling
casino', and `gaming establishment' do not
include a grocery store which sells groceries
including such staple foods and which also
offers, or is located within the same building
or complex as, casino, gambling, or gaming
activities.
``(iii) Electronic benefit transfer
transaction.--The term `electronic benefit
transfer transaction' means the use of a credit
or debit card service, automated teller
machine, point-of-sale terminal, or access to
an online system for the withdrawal of funds or
the processing of a payment for merchandise or
a service.''.
(b) Penalty.--Section 409(a) of the Social Security Act (42 U.S.C.
609(a)) is amended by adding at the end the following new paragraph:
``(16) Penalty for failure to enforce spending policies.--
``(A) In general.--If, within 2 years after the
date of the enactment of the WIN for Children and
Families Act, any State has not reported to the
Secretary on such State's implementation of the
policies and practices required by section 408(a)(12),
or the Secretary determines, based on the information
provided in State reports, that any State has not
implemented and maintained such policies and practices,
the Secretary shall reduce, by an amount equal to 5
percent of the State family assistance grant, the grant
payable to such State under section 403(a)(1) for--
``(i) the fiscal year immediately
succeeding the year in which such 2-year period
ends; and
``(ii) each succeeding fiscal year in which
the State does not demonstrate that such State
has implemented and maintained such policies
and practices.
``(B) Reduction of applicable penalty.--The
Secretary may reduce the amount of the reduction
required under subparagraph (A) based on the degree of
noncompliance of the State.
``(C) State not responsible for individual
violations.--Fraudulent activity by any individual in
an attempt to circumvent the policies and practices
required by section 408(a)(12) shall not trigger a
State penalty under subparagraph (A).''.
(c) Conforming Amendment.--Section 409(c)(4) of the Social Security
Act (42 U.S.C. 609(c)(4)) is amended by striking ``or (13)'' and
inserting ``(13), or (16)''.
Passed the House of Representatives February 1, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Welfare Integrity Now for Children and Families Act of 2012 or WIN for Children and Families Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require a state to which a state family assistance grant is made to maintain policies and practices necessary to prevent the use of state TANF assistance in any electronic benefit transfer transaction in a liquor store, casino or gambling establishment, or strip club.
Defines "electronic benefit transfer transaction" as the use of a credit or debit card service, automated teller machine (ATM), point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.
Establishes administrative penalties for states which have not reported on their implementation of or enforced such policies and practices. | {"src": "billsum_train", "title": "To amend title IV of the Social Security Act to require States to implement policies to prevent assistance under the Temporary Assistance for Needy Families (TANF) program from being used in strip clubs, casinos, and liquor stores."} | 969 | 193 | 0.611274 | 1.852819 | 0.747555 | 3.785276 | 5.006135 | 0.889571 |
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